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

CNN Expansion 11/17/21 Rob Freshe Director of Coverage
By Rob Frehse, CNN

Updated 2140 GMT (0540 HKT) August 2, 2022

Bodycam footage shows traffic stop of Army officer that led to lawsuit

(CNN)A Virginia police officer who pepper-sprayed an Army lieutenant and pushed him to the ground during a traffic stop in 2020 should not face state charges, a special prosecutor says, though he formally referred the case to the US Attorney's Office for a federal civil rights investigation.

"Although I find the video very disturbing and frankly unsettling, (Officer Raymond) Gutierrez's use of force to remove (Caron) Nazario did not violate state law as he had given multiple commands for Nazario to exit the vehicle," Special Prosecutor and Commonwealth's Attorney Anton Bell wrote after his investigation.

Two Windsor Police officers pulled over 2nd Lt. Nazario, who is Black, in December 2020 and repeatedly used pepper spray on him and pointed their guns at him, according to a news release from former Attorney General Mark Herring's Office. Officer Gutierrez was fired after the incident but another officer remained on the job, Windsor Town Manager William Saunders previously confirmed to CNN.

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