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Nazario also expressed worry that his dog was “choking” from its kennel in the back of the SUV. Nazario uttered several expletives and said he “can’t breathe” as Gutierrez demanded him to get out of his car. Gutierrez then told Crocker to back up and proceeded to deploy OC spray multiple times into Nazario’s face. His attorney told 10 On Your Side he was scared and also confused by conflicting directions from the two officers.Įventually, Crocker attempted to open Nazario’s door while he told him to “calm down.” Nazario remained in the SUV with his two hands out the window. Gutierrez yelled at Nazario that he was “fixin’ to ride the lightning,” which the complaint states is an expression for execution. In video footage provided with the complaint, Crocker said “he’s not complying.”Īs officers continued their orders and moved closer to the driver’s side window of Nazario’s vehicle, Nazario asked several times why he was being pulled over. He put at least one hand outside his driver’s side window after officers ordered him several times to do so. Initially Nazario, who is Black and Latino and was wearing his service uniform, turned on his cell phone camera to record the incident. Nazario later told the officers he wanted to stop in a well-lit area.īy the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker.Īt that time, the officers decided to classify the traffic stop as “high risk” because, according to officer Crocker’s report on the stop, Nazario was “eluding police” and his SUV’s window tint prevented officers from seeing inside.īoth Crocker and Gutierrez proceeded to get out of their cars, draw their guns and yell for Nazario to get out of the car and put his hands out the window.įeds charge 3 SoCal women in massive California unemployment fraud The lawsuit said after Crocker turned on his cruiser’s blue lights, Nazario traveled less than a mile and slowed down until he pulled into a BP gas station. There was a temporary tag displayed in the tinted rear window.
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In body camera video, Crocker said he could not see a visible rear license plate on Nazario’s SUV when he initiated the traffic stop.
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460 in the Town of Windsor when Officer Daniel Crocker initiated a traffic stop. Nazario, who is currently stationed at Fort Lee, Virginia, was traveling with his dog in his newly-purchased 2020 Chevrolet Tahoe West on U.S. The lawsuit, which was filed in Norfolk Federal Court April 2, said the incident occurred around 6:30 p.m. Requests for comment from the Town of Windsor police chief and town manager were not immediately returned Friday. READ: Complaint filed by Nazario against Windsor police officers