Get out the car now. >> Get out of the car now. >> Yo, what? Guess what? I'm a veteran, too. I'm going to obey. Get out of the car. >> Get out of the car now. >> What's going on? You're fixing to ride the lightning, son. >> So, did you hear that? What's about to happen is you're about to ride the lightning, son. Does that sound like a bully cop to you? Watch this video. Court is now in session. >> So the vehicles continuing westbound passing farmers bank. >> Driver, roll the window down. >> Felony traffic stop. >> Felony traffic stop. Oh my gosh. Most of you probably don't know what that means. Felony traffic stop. Felony traffic stop means this car has committed a felony and we have to take extra precautions in pulling it over. What this car did was travel farther not running from police. When the police put the blue lights on him, he traveled to a well-lit area. He's an African-American man. Serves our country. He's in the army. It happened on December the 5th in 2020. It's Lieutenant Karen Nazario, who is black and Latino, and he's dressed in full uniform. It's in Windsor, Virginia, and police officers pulled him over and basically jumped right out, pulled his firearm, and said, "Felony traffic stop over the air." I don't know why he did that. I mean, why didn't you just approach this car like normal and tell him why you pulled him over? This behavior of the citizen is not unusual anymore. There are many, many people who will not pull over immediately. They'll drive the speed limit. They're not speeding. They're not trying to evade. They're not trying to run. They just pull to a well-lit location. Some people are legitimately afraid of police. Afraid of having police contact without being in a public well-lit place. This did not deserve a felony traffic stop. That was not necessary here. But as always, you be the judge. Tell me what you think below. Let's watch on. >> Put your hands out the window. Put your hands out the window. Turn the vehicle off. Put your hands out the window. >> I can't tell. >> Put your hands out the window and turn the vehicle off. Put your hands out the window. >> He's not complying. Joe. Let me see your hands. >> How many occupants are in the vehicle? >> How many occupants are in your vehicle? >> Open the door slowly and step out. Open the door. >> Get out the car. Open the door slowly and get out. Get out of the car now. >> Open the door and get out the car. >> Keep your hands outside the window. >> Keep your hands outside the window. >> Get out of the car now. >> Get out of the car >> now. >> Get out the car >> now. >> Get out of the car now. Yo, let guess what? I'm a veteran, too. I'm going to obey. Get out of the car. >> What's going on? >> Get out of the car now. >> What's going on? You're fixing to ride the lightning, son. Get out of the car now. >> Get out of the car now. Get out of the car, >> sir. Just get out the car. Work with us and we'll talk to you. Get out the car. >> You received our order. Obey it. >> I'm I'm honestly afraid to get out. Get out. >> Yeah, dude. You should be. Get out. >> Get out. >> Get out of the car. >> Did you hear that? He said, "I'm a little afraid to get out of the car." And this officer said, "Well, you should be." Well, that doesn't make me feel any better, and that doesn't deescalate this situation at all. You both have your firearms pointed at clearly a military service member with both of his hands out the window, showing you that he's not a threat. And yet you've got your firearm pointed directly at his head. And it's about to get worse here. >> Get out now. >> I have not committed any crimes. >> You're being stopped for traffic violation. You're not cooperating at this point right now. You're under arrest for You're being detained. Okay. You're being detained for obstruction of justice violation. I do not have to get out of the vehicle. You have stop. >> Really? Get >> get out of the car now. Get out of the car. >> Get your hands off me. >> Get your hands off me. So, this officer improperly committed to a physical confrontation with this guy by grabbing his arm. That was, in my opinion, improper. He shouldn't have done it that way. But he did. He chose to grab his arm. And he chose to grab his arm while he's holding his firearm, and he shouldn't have done that. But he does holster. And then let's see if this was a proper escalation of force. >> Not a problem. >> Back up. Can you do anything? >> Sir, >> get out of the car now. >> Sir. Hey, sir. >> Get out of the car now. >> Sir, I'm trying to talk to you. I'm trying to talk to you. Just get out of my car. >> Can you please relax? Can you please relax? >> Get out of the car right now. >> This is not how you treat a vet. Uh, I'm actively serving this country and this is how you're going to treat me. >> I didn't do anything. Whoa. Hold on. What's going Hold on. 804 just deployed. >> Get out of the car. Get out of the car now. This guy was passively resisting the opening of the door. In my humble opinion, this was an improper use of the chemical agent, pepper spray. What do you think? >> Get out of the car now, >> sir. Just get out of the car. Get out of the car now. >> Yeah. Oh, get out of the car and get on the ground now. Get Get >> I I don't even want to reach my seat belt. >> Take your seatelt off and get out of the car. >> Get out of the car now. >> Listen, take off your seatelt and get out of the car. >> Look, I'm just going to just >> You're going to do as you're told. Get out of the car. Look, take your seatelt off and get out of the Take your >> You're going to do as you're told. That says a lot about this officer in my opinion. >> Off. >> Look, my hands are out. >> Take your seatelt off and get out of the car. >> My hands are out. >> Don't reach in there, Daniel. Don't reach in there. >> My hands are out. Please. Please. Look. This is really messed up. My dog is in the back. >> My dog is choking right now. >> Get out of the car. >> Take your seat belt off. What are you, a specialist, Corbin? Who are you? >> I'm a lieutenant. >> Lieutenant, get out of the car. Take your seatelt off and get out of the car. You made this way more difficult it had to be. If you just comply, get out of the car. >> I'm reaching for my seat belt. >> Fine. Take your seatelt off and get out of the car. Straight onto the ground. Straight onto the ground. >> Ma'am, >> is your command on the ground? Let's go. >> Is your command available? >> Get on the ground. Get on the ground. Please talk to me. >> Get on the ground now. >> Get on the ground or you're getting sprayed again. Get on the ground. >> Can you please talk to me about what's going on? >> Get on the ground. Get on the ground now. >> Can you please talk to me about >> Get on the ground. >> Can you please talk to me about what's going on? >> Yes, sir. >> You're not >> Can you please talk to me about what's going on? Why am I being treated like this? Why? >> Cuz you're not cooperating. Get on the ground. >> Why am I being treated like this? This is really messed up. This is really messed up. >> Come on, sir. Sir. Well, just what this is really this is [ __ ] up. >> Why do you think they needed to take him to the ground? They could have just told him to put his hands behind his back and cuffed him. He He probably would have done that if they'd have just said, "Put your hands behind your back." Now, he was very politely asking them, "Can you just please tell me what's going on? Tell me why you're you're treating this as a felony stop. I just drove to a safe, well-lit location. And you misunderstood that behavior as me evading arrest. This is not something that they needed to knee strike him because you saw the knee strikes. You saw the physical confrontation. If if there's any police officer out there that supports what they did, comment below. I would love to engage in conversation with you about that. >> Sir, this is [ __ ] up. >> Sir, sir, >> you know this is [ __ ] up. >> Lay down. Lay on the ground. Just lay flat. [ __ ] >> Lay flat for me, sir. You know this is [ __ ] up, >> sir. Lay flat. >> Lay flat. >> This is [ __ ] up. >> I can't [ __ ] believe being treated like this and I'm [ __ ] >> Get on the ground. >> Right there. Right there. What's that? >> It's gum. >> Gum? What the [ __ ] >> Get on the ground. >> It's gum. >> Hey, sir. Sir, can you just work with us? >> Can I >> just work with us? Lay down flat. >> Lay down flat. Lay down flat. Sir, >> lay down on my tucked up. >> Lay down and you're going to get tucked up. >> Lay down or you're going to get tucked up. >> This is [ __ ] up. >> Put your hands behind your back. Put your hands behind your back. >> This is [ __ ] up. >> This is [ __ ] up. >> I agree. All you got to do is listen. >> All right. Po 3 one in custody. >> This is [ __ ] up. Can you open up the window for my dog? I hear him choking. Can you open up the window, please? >> Yes. >> Stand up. >> Yes, we will. >> Stand up. Okay. >> This is [ __ ] up. >> Is there any weapons on you, sir? >> Okay. Any weapons in the vehicle? >> Yes. >> Okay. What kind? Where in the >> What kind of dog you got? >> He's mixed. He's a service animal. Why did you just do the ass, sir? Why did you just do this? >> I'm sorry. My hands out. >> No, you weren't. >> You were not. >> My partner put his blue lights on. >> Yes. >> You didn't stop. >> I was pulling over to a well-lit area for my safety and yours. I have respect for law enforcement. >> No, you don't. No, you don't. No. Wrong answer, sir. If you did, we would not be in this situation right now. >> All right. Can I get some water, please? Absolutely. Sit center set right on this curb right here. Turn around. >> Come sit on this curve. >> Walk backwards. Walk backwards. >> Get somewhere. Can you open up the window for my dog? >> I hear him choking. >> We already open. >> I'm going to go grab a bottle. >> All right, dark over there. Those areas are dark. I did not feel comfortable. Areas are dark. I put a cup of water for you. >> Pour it on my face. >> It's It's going to make it worse. You know that, right? >> All right. So, if it's going to make it worse, don't do anything. >> Yeah. It's going to reactivate and make it worse. >> They're right here. >> They're here. >> Where are the medics? >> They're here. >> I I need them to talk to me. What's They're right here beside >> What's up, man? >> What can you do to I didn't do I didn't commit any crimes. I'm leaving tonight. I'm not going to jail. I need something to be done for my eyes. Nothing I can do to help you drive my face. They just need to get out and tell them to get try. >> Keep your handcuffs on you for their safety until they can figure out what's up. But why do you want to stop for them? They're probably going to leave you. >> So they're just helping him with these towels trying to dry his face off. You don't want to pour water on pepper spray. That activates the pepper spray and it's going to make it worse. What would really be helpful is a gallon of milk. Maybe that does alleviate the burning uh because of the casin that's in the milk. They're trying to help him wipe his face off here. This ended up in a lawsuit on December the 5th, 2020 is when this occurred. This is Lieutenant Karen Nazario who was pulled over and like I said, drove to a well-lit location. So that you heard him say it for my safety and for yours. I respect law enforcement. He was only pulling to a well-lit location. He probably could have done a better job at telling them that, but he didn't feel comfortable getting out of the car and he thought that he didn't have to. Remember, you've heard me talk many, many times about Pennsylvania versus Mims. Police are allowed to ask you out of a car if they have reasonable suspicion that that their safety uh that it would be safer for you to be out of the car or they can ask you to stay in the car at their at their pleasure. In this case, he resisted getting out of the car. I think unnecessarily this officer pepper- sprrayed him. They did. They don't use their words very well. Just bring it down a notch, officer, and realize that he's not trying to challenge your authority and he he doesn't deserve to be pepper- sprrayed here. I think they both felt bad about it after it occurred. So, the initial trial in January 2023, a federal jury largely sided with one of the officers, finding him liable for assault and awarding Nazario $2,685 in damages, which is not a lot, but there's not a lot of damages here. So, um I don't know how much he had to spend on an attorney. If he had to hire an attorney, those would have been legitimate damages. He found the other officer liable for the illegal search and ordered him to pay $1,000 in punitive damages. The town settlement in 2023, Windsor agreed to conduct an independent review of misconduct allegations and provided additional police training as part of a settlement. An appellet court in May of 2024, the fourth US Circuit Court of Appeals, ruled that while officers are immune from excessive force and first amendment retaliation claims, the officer who pulled the gun on Nazario is not shielded by qualified immunity on the unconstitutional seizure claim. So, the court emphasized that pointing a firearm during a routine traffic stop and issuing death threats violates the Fourth Amendment and thus he lost qualified immunity as well. He should have a request for a new trial in October of 2023. Nazario has appealed arguing that the trial court aired in multiple pre-trial rulings and jury instructions and is now seeking a new trial. As always, thanks for watching, Dr. Judge. Be sure to like this video, comment on this video, and share this video with somebody you love. All right, we'll see you next time. Court is now adjourned.