A national assemblage successful Virginia connected Tuesday awarded $3,685 to an Army lieutenant who had asked for $1 million, alleging successful a suit that helium was threatened, assaulted and falsely imprisoned during a 2020 postulation halt successful which constabulary officers capsicum sprayed him, held him astatine gunpoint and told him helium “should be” acrophobic of them.
Caron Nazario, a 2nd lieutenant successful the Army, was driving his caller SUV connected Dec. 5, 2020, erstwhile helium was pulled implicit for not having imperishable licence plates installed. As it was acheronian and helium was connected a large roadway, helium slowed down and waited until helium came crossed a brightly lit state station, Nazario said successful the suit filed past twelvemonth successful U.S. District Court for the Eastern District of Virginia.
The officers asked Nazario, who is Black and Latino, to exit the vehicle. Nazario, questioning wherefore specified a measurement was indispensable implicit a licence plate, told them helium was “honestly acrophobic to get out.”
“Yeah, you should be!” replied Joe Gutierrez, 1 of the Windsor, Va., officers named successful the suit, according to video of the episode.
Nazario was past pepper-sprayed, deed and handcuffed, videos showed. Gutierrez told Nazario, “You’re fixing to thrust the lightning, son,” a notation the suit argued was meant to beryllium a menace that “Gutierrez was going to execute Lt. Nazario close determination successful the state presumption parking lot.” Attorneys for Gutierrez argued helium was referencing the usage of a Taser, not execution.
They besides threatened to extremity his subject vocation if Nazario raised concerns implicit their conduct, according to the lawsuit.
Nazario alleged successful the lawsuit, seeking $1 cardinal successful damages, that helium was injured physically and mentally by Gutierrez and the different officer, Daniel Crocker. His law rights were besides violated, helium said.
But the assemblage mostly sided with Crocker and Gutierrez, awarding Nazario $1,000 successful punitive damages aft it recovered Crocker violated Nazario’s rights nether authorities law, and $2,685 successful compensatory damages aft it recovered Gutierrez assaulted him.
Tom Roberts, an lawyer for Nazario, said the jury’s verdict, and the magnitude of damages it awarded to his client, were “adding insult to injury.” He said successful a connection that it was “unlikely that the verdict volition nonstop a connection to constabulary officers, different than to fto them cognize that this behaviour volition not effect successful immoderate meaningful consequences.”
The postulation halt became 1 of the galore altercations betwixt instrumentality enforcement officers and Black drivers that person gone viral aft being caught connected video. In the aftermath of the episode, Gutierrez was fired and then-Gov. Ralph Northam (D) called for an investigation.
Coreen Silverman, an lawyer for Gutierrez, said “the assemblage did their occupation and did it well.” She said the lawsuit was astir “more than a postulation halt for missing licence plates,” adding that Gutierrez was “very grateful to the assemblage for taking the clip to deliberate the evidence.”
An lawyer for Crocker, Richard Matthews, said successful a connection that the assemblage reached the “correct determination fixed the existent governmental climate.”