By Aaron Miller-
The dramatic case case of a US Army officer who filed a federal lawsuit against two Virginia police officers for pepper-spraying and assaulting him, before warning that he was risking death by the electric chair, begins today.
The legal suit connected to the traffic stop incidence is of particular significance because Nazario has developed anxiety, depression and PTSD, according to his lawsuit. He has been unable to leave home at times due to “hypervigilance regarding the potential for harassment by law enforcement,” court filings state.
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A psychologist found that Nazario, suffers from race-based trauma associated with violent police encounters, which can exacerbate injuries “in ways that do not commonly affect the white populations.”
Footage of the incident is also available for the full assessment of the court.
“The officers involved not only assaulted Mr. Nazario, but pointed their weapons directly at him and, at some point during the encounter, threatened to kill him,” the suit alleges. “Mr. Nazario recalls that he thought he was going to die that evening.”
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Nazario is suing Crocker and Gutierrez. Crocker is still on the force, but Gutierrez was fired in April 2021, the same month Nazario filed his lawsuit.
Tinted Windows
Caron Nazario, 27, who is a black and latino second lieutenant, was pulled over on a traffic stop in the small town of Windsor, Virginia, on the 5th of December last year, after officers Joe Gutierez and Daniel Crocker claimed his SUV had tinted windows and no rear licence plate.
Body camera footage shows Mr Nazario, who was returning from a drill weekend, dressed in uniform with his hands in the air and telling the armed officers who are pointing guns at him: “I’m honestly afraid to get out.”
“Yeah, you should be”, officer Joe Gutierrez is heard replying, as reported by The New York Daily News.
Mr Gutierrez was told the driver that he was “fixin’ to ride the lightning”; a nickname for execution by electric chair, according to the lawsuit.
In complete surrender by holding his hands in the air, Mr Nazario can be seen asking the officers to “relax” and explaining that he believes he has a right not to exit the vehicle.
He said: “I am actively serving this country and this is how you’re going to treat me? Hold on. I didn’t do anything. Hold on.”
In response one of the officers appears to pepper spray him in the eyes four times and demand he “get out of the car now”.
Police officers confront Army guy and spray him
Nazario, suffering from the effects of the spray with closed eyes and hands raised, said: “That’s f***** up”.
The officer then opens the door and repeatedly demands he get out of the car.
The cops deny ever threatening to kill Nazario. They argue that Nazario misconstrued Gutierrez’s statement that Nazario was “fixing to ride the lightning.” Gutierrez spoke those words while holstering his gun and drawing his Taser and was referencing his stun gun, not an execution, according to court filings.
Crocker and Gutierrez argue that they performed their duties within the law after Nazario failed to immediately pull over and refused to exit his vehicle.
A federal judge has already ruled that the officers had probable cause to stop Nazario for an improperly displayed license plate, and to charge him with eluding police, as well as obstruction of justice and failure to obey.
“To the extent Mr. Nazario claims mental anguish or other psychological injuries, Mr. Nazario is still in the Virginia National Guard — there is no evidence he has been medically retired or otherwise discharged in connection with this incident,” according to a trial brief filed by Gutierrez in late November. “In fact, shortly after the traffic stop, Mr. Nazario deployed to Washington, D.C. in support of the January 6, 2021 disturbance.”
Nazario, a medical officer, said he arrived after the insurrection occurred, according to a deposition.
Apart from Nazario’s lawsuit, a separate lawsuit brought by the state attorney general that alleges Windsor discriminated against Black Americans. The small town is about 70 miles (110 kilometers) southeast of Richmond.
Investigation
In August, a special prosecutor determined that Gutierrez should not be criminally charged but should be investigated for potential civil rights violations.
“Although I find the video very disturbing and frankly unsettling, Gutierrez’s use of force to remove Nazario did not violate state law as he had given multiple commands for Nazario to exit the vehicle,” special prosecutor Anton Bell said in his report.
U.S. District Judge Roderick C. Young also narrowed the scope of Nazario’s lawsuit.
In August, Young ruled that federal immunity laws shield Crocker and Gutierrez from Nazario’s claims that they violated his constitutional protections against excessive force and unreasonable seizure, as well as Nazario’s right to free speech by threatening him with arrest if he complained about their behaviour.
Nazario can present claims under state law of false imprisonment and assault and battery to a jury, the judge ruled. The judge also found Crocker liable for illegally searching for a gun in Nazario’s SUV, leaving the question of damages on that point to a jury. Nazario had a concealed-carry permit for the weapon.
The jury will examine whether Gutierrez is liable for the illegal search. The former officer denies he knew Crocker was conducting the search.
Nazario’s attorneys are expected to present evidence regarding Gutierrez’s professional history, including an unrelated suspension without pay for excessive force.
“You made this way more difficult than it had to be if you just complied”, said the officer.
He then appears to push Mr Nazario, who is tearful, to the ground as the lieutenant asks: “Pease talk to me about what is going on?”
The body cam footage ends there but the officers are accused of urging Mr Nazario to “chill and let this go” or he could be charged with assault on a police officer.
Mr Nazario filed his civil suit at the US District Court for the Eastern District of Virginia last week, claiming they violated his constitutional rights and that his race played a factor.
The lawsuit states: “These cameras captured footage of behaviour 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.”
Mr Nazario also accused the officers of threatening to destroy his military career by charging him with multiple crimes if he complained about their conduct.
In an interview with The Associated Press, Mr Nazario’s attorney said his client graduated from Virginia State University and was commissioned out of the school’s ROTC programme.
“He’s an officer in the United States armed forces,” Jonathan Arthur said. “These guys decide to do this to him … He’s definitely not doing too well.
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