WINDSOR, Va. — A Windsor police officer who conducted a controversial traffic stop back in 2020 will not face any criminal charges, according to a letter obtained by 13News Now.
The letter was written by Hampton Commonwealth’s Attorney Anton Bell -- the special prosecutor in the case.
The traffic stop happened on Dec. 5, 2020. Army Lt. Caron Nazario was yelled at and pepper-sprayed by former Windsor Police Officer Joe Gutierrez, body camera video shows.
The Windsor Police Department said Nazario didn't have a visible license plate and didn't pull over right away. Attorney Jonathan Arthur said his client drove to a well-lit gas station.
Nazario filed a lawsuit against Gutierrez and the other police officer involved, Daniel Crocker. Now, the special prosecutor in the case has concluded Gutierrez didn't violate any state law.
“While we are disappointed, we are not surprised," explained Brandon Randleman with the Isle of Wight County NAACP.
Bell specified in the letter that he based his decision on the traffic stop alone -- which was not a violation of the law. However, he stated the issue stems from the manner in which Gutierrez conducted the traffic stop.
“This is far from over," Randleman said. "I would say, let us be abundantly clear, this case is not at rest."
While Bell wrote he found the traffic stop video "disturbing" and "unsettling," he said it didn't violate any law because the officer had instructed Nazario to exit the vehicle multiple times.
"The problematic issue, however, were Gutierrez's statements throughout the entire ordeal, which would lead a reasonable person to wonder whether underlying bias was the root of how and why Nazario was treated in like manner," Bell wrote in his opinion.
Below is one of the body camera videos from the incident. Viewers should be advised there is foul language and content that might be graphic to some audiences:
After the traffic stop, Town of Windsor officials hired an outside company to create a new policy manual with more than 140 policies for the department, compared to the 51 it listed previously. Windsor police officers completed several trainings for encounters with citizens, de-escalation strategies and traffic stops.
Last year, Nazario filed a lawsuit against Gutierrez and the other police officer involved, Daniel Crocker. Nearly a year and a half later, Nazario’s attorney said they are still in the court process.
Following Nazario’s lawsuit, former Attorney General Mark Herring filed a case against the Town of Windsor after finding evidence Windsor police officers would disproportionately pull over Black drivers for traffic stops.
Attorney General Jason Miyares took over in January. A spokeswoman at his office told 13New Now they don’t comment on pending litigation.
On August 3, the Virginia NAACP released the following statement about the ruling:
“It is inconceivable that Hampton Commonwealth Attorney Anton Bell could justify or excuse the actions and conduct of former Windsor Police Officer Joe Gutierrez during an encounter with Caron Nazario, a Black second lieutenant in the United States Army. The video of this encounter has been widely circulated and provides the disturbing evidence of the bias held by this former officer. This video also adds yet one more piece of irrefutable evidence that demonstrates the need to immediately change the culture of policing so that Black people will not continue to be placed at great risk by the implicit bias of law enforcement officers. We call upon the Office of the Attorney General to review the evidence in this case to ensure that the rights of all Virginians are upheld and protected equally under the law.”