Lawsuit: Virginia police officers threatened man during stop
Again and again it happens. Is this abuse of police power?
S E E D E D C O N T E N T
By TOM FOREMAN Jr.April 9, 2021 GMT
WINSTON-SALEM, N.C. (AP) — A second lieutenant in the U.S. Army is suing two Virginia police officers over a traffic stop last December during which the officers drew their guns, pointed them at him and used a slang term to suggest he was facing execution before pepper-spraying him and knocking him to the ground.
Body camera footage shows Caron Nazario, who is Black and Latino, was dressed in uniform with his hands held in the air outside the driver's side window as he told the armed officers, "I'm honestly afraid to get out."
"Yeah, you should be!" one of the officers responded during the stop at a gas station.
In a lawsuit filed earlier this month, Nazario says his constitutional rights were violated during the traffic stop in the town of Windsor. The two sides in the case dispute what happened after a second police officer joined the first one in the stop. At the time, Nazario was coming from his duty station and going home, attorney Jonathan Arthur told The Associated Press on Friday.
"Graduated from Virginia State University. He was commissioned out of their ROTC program. He's an officer in the United States armed forces," Arthur said. "These guys decide to do this to him."
Asked about Nazario's condition after the incident, Arthur said, "He's definitely not doing too well."
Windsor Police Officer Daniel Crocker radioed he was attempting to stop a vehicle with no rear license plate and tinted windows. He said the driver was "eluding police" and he considered it a "high-risk traffic stop," according to a report he submitted afterward and which was included in the court filing.
Arthur said Nazario explained at the time that he wasn't trying to elude the officer, but was trying to stop in a well-lit area "for officer safety and out of respect for the officers."
Another officer, Joe Gutierrez, was driving by when he heard Crocker's call, saw him attempting to stop the SUV and decided to join the traffic stop. Gutierrez acknowledged that Nazario's decision to drive to a lighted area happens to him "a lot, and 80% of the time, it's a minority," Arthur said, quoting the officer.
The lawsuit says by the time the two officers reached Nazario's SUV, the license plate was visible in the rear.
Nazario drove his SUV to a well-lit gas station where, according to the lawsuit, the two officers got out and immediately drew their guns and pointed them at Nazario after they got out of their cars. The officers then attempted to pull Nazario out of the vehicle while he continued to keep his hands in the air. Gutierrez then stepped back and pepper-sprayed Nazario multiple times as officers yelled for him to get out of the car.
"I don't even want to reach for my seatbelt, can you please? ... My hands are out, can you please — look, this is really messed up," Nazario stammered upon being pepper-sprayed, his eyes clenched shut.
The officers shouted conflicting orders at Nazario, telling him to put his hands out the window while also telling him to open the door and get out, the lawsuit says. At one point, Gutierrez told Nazario he was "fixin' to ride the lightning," a reference to the electric chair which was also a line from the movie "The Green Mile," a film about a Black man facing execution.
Nazario got out of the vehicle and again asked for a supervisor. Gutierrez responded with "knee-strikes" to his legs, knocking him to the ground, the lawsuit says. The two officers struck him multiple times, then handcuffed and interrogated him.
The traffic stop was captured on Nazario's cellphone video, and the body-worn cameras worn by Crocker and Gutierrez, according to the lawsuit.
"These cameras captured footage of behavior consistent with a disgusting nationwide trend of law enforcement officers, who, believing they can operate with complete impunity, engage in unprofessional, discourteous, racially biased, dangerous and sometimes deadly abuses of authority ..." the lawsuit says.
The AP reached out to Windsor police for comment, but an email was not returned and their voice mailbox was full. No one answered the phone at a number listed for Crocker on Friday.
Crocker and Gutierrez still work for the department, the town manager told The Virginian-Pilot of Norfolk. Windsor is about 70 miles (112 kilometers) southeast of Richmond.
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A short body cam recording is available at the seeded article.
What do you think? Is this an abuse of power? Did the officers act according to regulations?
yes, it IS abuse of power! Smart move to wait till well lit area imho
I think that it is, in the fact that Lt. Nazario has both his hands in plain view and then he gets pepper sprayed while both of his hands are visible. By that point, with two officers on the scene it is my opinion that they could have de-escalated a bit. I feel that the pepper spray was over the top, especially since the Lt. was verbally indicating that he wished to comply.
What did they charge him with? I mean, they said no visible license plate, then said the plate was visible. So he had plates. What were the charges?
I am not sure that they found anything to charge him with. I can't quite make out what the officer says he is being "...underarrest, you're being detained..." for. Maybe someone else can decipher that.
Here's more information from a newspaper local to the incident:
So, they felt justified in hitting him with pepper spray, but didn't charge him with anything. Seems reasonable.
The article also states that the officers report that Nazario, whom they accused of eluding police, was driving slowly as he looked for a place to pull over. He had temp tags in his rear window, because the SUV was new.
The Pilot posted a different video, with officers telling him both to get out of the car, and to keep his hands outside of the window. My car's doors lock automatically, as do many newer cars'. I literally can't open the door while keeping my hands in view. How can they be angry when he can't follow contradictory instructions?
I think that this statement belongs on Perrie's article about the death of sarcasm.....
Sarcasm is my primary language.
Thank you very much for the links and the research.
...the common language of 3 digit IQ's. that's why I admire (cut) you so much (slack) and respect all,.. er, ..most of your decisions regarding me.
sorry, it's a personality flaw. sometimes really stupid people need to be reminded just how really stupid they are. I have to edit a lot of replies.
sometimes really stupid people need to be reminded just how really stupid they are.
I've tried dozens of time..... Mostly they're not smart enough to understand that they're stupid.
That's when being smart enough to know the difference counts. If they really are that dumb they really are a lost cause and I soon move on. I have better things to do that to try to carry on conversations with idiots.
Including family, friends and/or coworkers. Lifes short.
On the good side, it has really cut down on the time and expense of the number of Christmas cards we send out....
The problem is that the LT was driving while being a minority.
bingo. guilty of DWB, driving while black.
Fact - 60+% of southern LE = KKK
"bingo. guilty of DWB, driving while black.
Fact - 60+% of southern LE = KKK"
I bet you can't swing a dead cat without hitting one of them good ole' boys huh?
I know that's a big problem just about everywhere else also. A lot of 'good ole' boys' join the force so that they can practice their discrimination freely
prove that ridiculous claim.
Ah, never mind, I know it is fiction!
we can play by your rules here. prove it's a ridiculous claim.
I the adult world. the person making the claim should be able to prove it.
since you can't, it must be fantasy!
According to carson and guest racism is in the past with 98% of people not racist...
Someone should buy him a clue.
After watching the video, I have to ask...
How is the fat fuck an officer. I bet he couldn't even run half a block.
Well, that utility vest cannot make him look thinner.... I guess you don't need to run if you drive a car?
The fastest he has probably moved in a decade is to the next donut.
Of course he doesn't have to do anything except walk up to a car and pepper spray them.
I have to say, such disrespect to obvious armed forces personnel.
Just a warning In Virginia, tinted glass attracts flashing blue lights
So what, you're blaming the victim?
NO! just warning drivers of the local conditions.
Yeah, I'm sure all the drivers in whatever 'location'/area of Virginia that is, saw your 'warning'
I think it's a little more than just the tinted glass. flashing lights in the south for me means the safety is off. goober LE is in my top 3 reasons to carry.
[deleted]
show me where I said I did.
oh. so it was all bluster and fantasy?
like say, Winnie the Pooh and the Blustery Day....?
show me where I said I did. too many steps?
nope, more like fantasy like the claim that 60 % of LEOs in the South = KKK.
I clearly never said you said you did.
so since now you haven't, it was all fantasy and internet tough guy talk.
so do you believe devangelical fantasizes about shooting LEO's...because none are possibly KKK ?
ask him. its his fantasy.
personally, I think he talks a mean game safely hidden behind his keyboard.
BTW, I didnt dispute that there a racist cops who may be KKK members.
I question the dubious and unsubstantiated claim of 60% being KKK.
What is?
I don't know the percentage but there was an FBI report about how racist hate groups decided to infiltrate law enforcement.
not aware of where this % came from, but i don't doubt that it is actually too far off, as we seem to have ample example after ample example for how long now...?
please cite some of these examples of cops being KKK.
that 60% of southern Leo's are KKK.
the % was quoted from his earlier post.
Is that what you were referring to when you said this?
If so, it seems you have either become confused about the thread on which you are commenting, or have introduced a strawman and are trying to deflect, because you see that everybody is aware of said strawman.
Which is it?
the bluster comment was in reference to his post about why he personally carries in post 9.2.
I am not in the lest confused by his post. I am confused why you seem to be having difficulty.
A recent investigation by the Center for Investigative Reporting found that hundreds of active-duty and retired law enforcement officers from around the country were members of confederate, anti-government and anti-Islam groups on Facebook. But there is no official record of officers who are tied to white supremacist or other extremist groups because, in the US, there is no federal policy for screening or monitoring the country’s 800,000+ law enforcement officers for extremist views. The 18,000 or so police departments across the country are largely left to police themselves.
ok.
first, anti-government doesn't mean KKK., nor does anti-Islam equate to KKK.
hundreds doesn't sound like 60% to me. but perhaps you have some real proof?
Ah, so it's the straw man plus deflection option. I think we all knew that.
I really don't care what yall think you know.
perhaps YOU have some real proof of an actual percent ! I stated i don't believe that his number was all that far off. That is my belief, after my own experiences, interactions, readings, etc. We've all witnessed and commented on quite a few of these Law Officers proving, at least to me, that many are NOT FIT to wear the uniform. January 6th 2021 is another prime example, and we won't know how many of they are actually KKK, but definitely some were, and if you think that only the ones on the surface we've heard of are involved, please...you must realize it is far deeper than this.
I never disputed that SOME may be KKK
Again, I dispute the 60%, and thus far he, you. and Sandy have been able to support his claim.
well thanx then, done.
I've made no attempt to support the claim to which you deflected to call attention away from your strawman. To expect me to provide evidence for a claim I've neither made nor agreed with is a bit silly.
done with what??
and calling it a strawman is rather silly, too.
I called it what it was. YOU brought up pulling a gun on an officer, and attributed it to dev as HIS fantasy. That's a strawman. When called on it, you deflected.
You're shuffling, trying to avoid owning your words.
That's dishonest.
bull.
look at post 9.2.
if you can't see my responses. so be it, but saying I am being dishonest is crap.
Is carrying a gun the same as pulling one on law enforcement?
Jesus, Sandy, he explicitly said Leo's were one if the reasons he carried. what ELSE could he have meant?
I never said he pulled a gun on an leo, in fact I stated I doubted he had ever done so, despite it being one of the reasons he carries.
You had every reason to doubt he'd pull on a cop, since he never said he had. Obviously. You read what you wanted to read.
I wonder if you have the same sentiments regarding those who say they need an arsenal to protect themselves from a tyrannical government? Police officers are government agents, after all. Do the folks who need protection from Uncle Sam also necessarily fantasize about pulling their weapons, in your opinion? If we follow your questionable logic to its conclusion, they must.
since he gave it as reason to carry, I have every right to assume he would pull it on Leo's.
in fact, though, I was willing to bet it was the usual keyboard warrior speaking and he had never done so.
people who stockpile weapons they think will be used against the government. are just as crazy as those who say they carry because of law enforcement.
You know what they say about assumptions.
whatever,have a good day.
Devangelical said:
You said:
Devangelical never said he pulled a gun on an officer during a traffic stop. Your comment is neither on topic for the seed or the thread (by my definition) so I have flagged it for review by a moderator whose decision on this will stand.
I never claimed he did.
Do whatever feels right to you.
I love watching you work. bwah ha ha ha
The video certainly suggests a pointless abuse of power. The Lieutenant seemed very cooperative and apparently there was nothing actually to charge him with. Looks like a couple of rogue cops.
It is surprising to me with body cams and all the crap the police are taking that there are still officers who engage in excessive power behavior in conditions where the subject is (it would seem) no threat and the charges are not severe (i.e. not fleeing the scene of a crime, no weapons, etc.).
We do not know all the facts but, man, these officers look bad.
The cop who used the pepper spray has been fired. Four month late, but better late than never.
It took national attention, looks like.