Soldier's Assault Lawsuit Against VA Cops Can Move Forward: Judge

NORFOLK, VA — A lawsuit filed by a U.S. Army lieutenant who claims two Virginia police officers pepper sprayed and handcuffed him during a 2020 traffic stop can proceed to trial, a federal judge ruled this week.

A judge decided Tuesday that Caron Nazario can present his claims of false imprisonment and assault and battery to a jury, according to a report by The Associated Press.

The judge ruled that former Windsor officer Joe Gutierrez illegally searched the soldier's SUV for a gun; however, he also decided that neither he nor Officer Daniel Crocker violated the Black and Hispanic soldier's rights against excessive force, unreasonable seizure, and free speech, AP reported.

The judge's decision stems from an incident that happened in December 2020 when Nazario was driving home from his duty station, according to his lawsuit. As Nazario traveled through the small town of Windsor, Crocker radioed that he was attempting to stop a vehicle with no rear license plate and tinted windows.

Crocker said the driver was "eluding police" and considered it a "high-risk traffic stop," according to a report included in the lawsuit. An attorney for Nazario later explained the soldier was trying to stop in a well-lit area "for officer safety and out of respect for the officers."

The other officer, Gutierrez, was driving by and decided to join the traffic stop, the lawsuit stated. By the time the two officers reached Nazario's SUV, the license plate was visible in the rear.

When Nazario stopped at a well-lit gas station, the two officers immediately drew their guns and pointed them at Nazario, his lawsuit alleges. The officers then attempted to pull Nazario out of the vehicle while he continued to keep his hands in the air. Gutierrez pepper-sprayed Nazario multiple times as the officers yelled for him to get out.

At one point, Gutierrez told Nazario he was "fixin' to ride the lightning," a reference to the electric chair that was also a line from "The Green Mile," a film about a Black man facing execution, the lawsuit said.

Nazario got out and asked for a supervisor. The lawsuit says that Gutierrez responded with "knee-strikes" to his legs, knocking him to the ground. The two officers struck him multiple times, then handcuffed and interrogated him.

The traffic stop was captured on Nazario's cellphone and the officer's body-worn cameras.

Video of the stop surfaced in April 2021 after Nazario sued in federal court, alleging that his constitutional rights were violated. The images sparked outrage and served as a grim reminder to many Black Americans that a military uniform doesn't necessarily protect against mistreatment by police.

In December, then-Virginia Attorney General Mark Herring's office sued the town, alleging that it operated in a way that discriminated against Black Americans.

Gutierrez was fired from the department. He was also the target of the special prosecutor's criminal probe.

"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, dated July 29 and posted online by Nazario's attorneys.

"The problematic issue, however, was Gutierrez's statements throughout the entire ordeal, which would lead a reasonable person to wonder whether underlying bias was at the root of how and why Nazario was treated in like manner," Bell wrote.

Earlier this month, a special prosecutor determined that Gutierrez should not be criminally charged but should be investigated for potential civil rights violations.

The Associated Press contributed reporting to this story.