Gutierrez reportedly saw Lt. Nazario’s car pull into the parking lot, which he admitted was a common occurrence. It was something that happens, “a lot, and 80% of the time, it’s a minority.” If there was any doubt about why a person of color might feel the need to pull over in an area that’s well lit, and where there are potential witnesses, the Windsor police soon made the reason clear.
In the bodycam video (some of which has to be watched at YouTubedue to age restrictions), both Crocker and Gutierrez can be seen pointing their guns at Lt. Nazario—with Gutierrez adopting a kind of sideways, faux-gangsta style as he waggles the barrel at the uniformed Army officer’s face. Gutierrez then begins to tell Lt. Nazario, “you’re under arrest right now for,,,” stops himself, and then says, “you’re being detained for obstruction of justice.”
At this point, Lt. Nazario is holding both hands out the open window and asking what is going on. Gutierrez pepper sprays him through the window. As Lt. Nazario winces and pulls back, Gutierrez steps in and gives the lieutenant an extra little toot of spray directly in his face.
After Nazario opens the door— a process delayed because as one officer is telling him to open the door, the other is shouting at Nazario to keep his hands up — Gutierrez orders him to get out of the car. “What are you?” says Gutierrez. “A specialist? A corporal?” naming the lowest two ranks.
“I’m a lieutenant,” said Nazario. Who then informs him that he’s afraid to step out, or even reach for his seat belt, and again asks what’s going on.
“I’m honestly afraid to get out,” says Lt. Nazario.
“Yeah, you should be!” says one of the officers.
Finally pulled from the car, Lt. Nazario is forced to the ground by Crocker and Gutierrez. Still without being told why he was stopped, and even as he is begging for some help for his dog, who was in the car and choking from exposure to pepper spray. In the middle of this, Gutierrez tells Nazario that he is about to “ride the lightning,” an expression usually connected to someone being executed in the electric chair.
Lt. Nazario was beaten, handcuffed, and held for interrogation while one of the officers searched his car without a warrant. The two officers threaten to charge Nazario with eluding police, obstructing justice, and assaulting an officer … but they don’t. Instead, one expresses concern about the Army learning about the arrest and says he’ll let Nazario go if he will “chill.”
Nazario has launched a lawsuit against the Windsor police. Both Crocker and Gutierrez still work for the Windsor police department. Neither has been suspended for their actions.