Gutierrez reportedly saw Lt. Nazario’s car pulled into the parking lot, which he admitted was a common occurrence. It was something that happened “a lot and 80% of the time it’s a minority.” If there was any doubt as to why a colored person might feel the need to drive by in a well-lit area and where there are potential witnesses, Windsor Police soon made the reason clear.
In the bodycam video (some of which must be viewed on YouTube due to age restrictions) both Crocker and Gutierrez can be seen setting their guns on Lt. Judge Nazario – with Gutierrez He adopts some sort of sideways faux gangsta style as he wags his barrel in front of the uniformed army officer’s face. Gutierrez Then he begins Lt. Nazario stops saying, “You are being arrested for”, and then says, “You are being arrested for obstruction of justice.”
At this point, Lt. Nazario both hands out the open window and asks what’s going on. Gutierrez Pepper sprays him through the window. As Lt. Nazario shrugs and withdraws, Gutierrez enters and gives the lieutenant an extra squirt directly on the face.
After Nazario opens the door – a process that has been delayed because an officer tells him to open the door, the other Nazario yells at Nazario to hold up his hands – Gutierrez orders him to get out of the car. “What are you?” says Gutierrez. “A specialist? A non-commissioned officer?” Appointment of two lower ranks.
“I am a lieutenant,” said Nazario. Who then informs him that he is afraid to get out or even to grab his seat belt and asks again what is going on.
“I’m honestly scared of getting out,” says Lt. Nazario.
“Yes, you should be!” says one of the officers.
Finally pulled out of the car, Lt. Nazario by Crocker and forced to the ground Gutierrez. Still without knowing why he was stopped and while asking for help for his dog, who was sitting in the car and suffocating from exposure to pepper spray. In the middle of it Gutierrez tells Nazario that he is about to “ride the lightning,” a term usually associated with someone being executed on the electric chair.
Lt. Nazario was beaten, handcuffed and held for questioning while one of the officers searched his car without a warrant. The two officers threaten to accuse Nazario of evading the police, obstructing the judiciary and assaulting an officer … but they don’t. Instead, it expresses concern that the army learns of the arrest and says he will let Nazario go if he “chills”.
Nazario has filed a lawsuit against the Windsor Police. Both Crocker and Gutierrez still work for the Windsor Police Department. Neither has been suspended for their actions.