Special counsel says Virginia police officer who pepper-sprayed Army lieutenant should not face state charges

“While the video is very disturbing and frankly disturbing, the use of force by (Cos. Raymond) Gutierrez to take (Caron) Nazario away from the vehicle is a testament to Nazario’s repeated orders to exit the vehicle. and therefore did not violate state law,” special prosecutor and federal attorney Anton Bell wrote after the investigation.

Two Windsor police officers stopped. Ensign NazarioAccording to a news release from the office of former Attorney General Mark Herring, in December 2020, a black man repeatedly used pepper spray on him and pointed a gun at him. Another officer remained on duty, Windsor town manager William Saunders previously confirmed to CNN.

“But the problem is Gutierrez’s statements throughout the ordeal, which would make any reasonable person wonder if underlying prejudices underlie how and why Nazario was treated similarly.” Bell wrote.

CNN was unable to identify a representative for Mr. Gutierrez’s request for comment.

CNN has reached out to the City of Windsor and the U.S. Attorney’s Office for the Eastern District of Virginia for comment.

After Gutierrez was fired in 2021, Windsor Police Chief RD Riddle told reporters that Gutierrez’s use of the phrase “riding lightning” in reference to the taser during the incident was “inappropriate.” created unnecessary fear,” he said.

Riddle said he had “lost confidence” in Gutierrez’s ability to meet the agency’s standards, adding, “Personally, I don’t see how he can serve our community effectively anymore.” I felt it,” he added.

Nazario’s attorneys applauded the federal prosecutor for asking the U.S. Attorney’s Office to investigate Gutierrez, but disagreed with the findings that Gutierrez should not be charged with state crimes.

Attorney Jonathan Arthur said in an email to CNN, “It should not be the position of a federal prosecutor (especially if a federal prosecutor refers the matter to the U.S. Department of Justice) to unilaterally determine that no crime has been committed. If you are concerned enough to do so),” he said. That’s why we have the jury system. That’s why there are judges. That’s not why we have federal lawyers. ”

“When it comes to law enforcement breaking the law, federal attorneys often fail to apply the same zeal and standards in ‘indicting’ law enforcement as they do with other citizens,” he said. Arthur added.

Virginia Police Chief Calls Controversial U.S. Army Officer's Traffic Stop 'Educational Moment'
Former Virginia Attorney General Mark Herring sued the town of Windsor In December 2021, as a result of the incident, the town’s police department was accused of discriminating against African-Americans and violating their civil rights.

According to an earlier release from Haring’s office, the lawsuit was filed under a new law that allows the state’s primary law enforcement officers to “sue to stop the systemic violation of the rights of Virginians.” It was the first lawsuit filed.

A spokesperson for Attorney General Jason Miyales told CNN on Tuesday that the lawsuit is still pending.

The Attorney General’s Office will not comment on the results of the special counsel’s investigation or any formal request to the U.S. Department of Justice to initiate a federal civil rights investigation.

Source: www.cnn.com

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