Earlier this month, Nazario sued Gutierrez and his colleague officer Daniel Crocker in federal court docket for, amongst other matters, violating his constitutional rights in opposition to unreasonable seizure, illegal search, and excessive pressure.
In his lawsuit, Nazario defined riding lower back from his responsibility station wearing his uniform in his newly bought Chevrolet Tahoe. The automobile become so new, he stated, that he had now not yet received license plates and had taped brief cardboard ones to the rear window.
When police tried to pull him over for his lack of a permanent plate, Nazario said he bogged down and put his turn sign on to indicate compliance, however continued to force for much less than a mile so he may want to stop in a secure, nicely-lit public place.
In a BP gas station car parking zone, the 2 officials withdrew their guns as Nazario installation his cellular telephone at the dashboard to file the interaction.
“What’s happening?” he may be heard asking the officers.
After Nazario, with his hands raised, persevered to say no to go out the automobile unless he acquired greater information approximately why he changed into being stopped, Gutierrez can be heard telling Nazario he was “fixin’ to the experience the lightning,” which Nazario’s lawyers alleged became a colloquial time period for being executed with the aid of the electric chair.
When Nazario instructed the officials he was afraid to exit the car, Gutierrez will be heard responding, “Yeah, you have to be.”
As Nazario asked the officers why they have been treating an energetic duty carrier member in this kind of way, Crocker attempted to open the driver’s door. Gutierrez then instructed his colleague to returned up, before spraying Nazario in the face with pepper spray.
The officers’ body cameras persisted to capture Nazario’s war to exit the vehicle after being sprayed and tell the officials he was worried his dog within the rear seat changed into additionally “choking” from the pepper spray.
When he exits the car, the officers wrestle him to the floor. “Why am I being treated like this?” Nazario asks. “This is clearly messed up.”
“Because you’re no longer cooperating,” Gutierrez responds.
Nazario is searching for $1 million in reimbursement for his treatment, which he stated was “consistent with a disgusting national fashion of regulation enforcement officials, who, believing they are able to function with entire impunity, engage in unprofessional, discourteous, racially biased, dangerous, and from time to time lethal abuses of authority.”