Photo credit: Pope County Tribune

By Dick Hall-Sizemore

If anyone ever doubted there was a need for society to address the problem of police officers stopping Black drivers, a recent event in the town of Windsor should dispel those doubts.

The incident is reported in today’s on-line Virginian-Pilot. Like incidents at Virginia institutions of higher education that have been recently discussed on this blog, the narrative is based on side’s story. In this case, the description comes from a lawsuit filed in federal court by the Black driver. Unlike those other incidents, however, there is graphic police body camera footage that backs up the Black driver’s story.

For those who do not have access to the Virginian-Pilot with the accompanying body cam footage, I will summarize the incident:

A Black Army lieutenant, in uniform, was driving on Rt. 460 through Windsor one night last December. (Windsor is a town of about 2,700 in Isle of Wight County in Southside Virginia.)  When a police cruiser signaled him to pull over, he slowed down, flipped on his turn signal, and looked for a well-lit place to pull over. Less than a mile away was a service station, which he drove to, pulled into, and stopped. Meanwhile, the police officer radioed that he was attempting to pull over a vehicle with no rear license plate and tinted windows. He reported that the driver was “eluding police” and he considered it a “high-risk traffic stop.”( He later acknowledged in his written report that the vehicle was traveling at a low rate of speed. Also, the body cam footage showed a cardboard temporary license plate posted in the rear window, which is typical for newly-purchased vehicles.)

When the driver pulled into the service station area and stopped, he was confronted with two white police officers with weapons drawn and pointed at him, yelling at him to put his hands out of the car.  They also yelled at him to get out of the car.

At this point, the driver told the officers he was afraid to get out of the car and asked what was going on. When he asked the officers to call a police supervisor, one of the officers pepper sprayed him multiple times while he was still sitting in the car with his seat belt fastened.

He finally got out of the car and again asked for a supervisor. One officer responded with “knee-strikes” to his legs, knocking him to the ground. He was then struck multiple times, then handcuffed and interrogated. A medic was finally called and the police chief also arrived at the scene.

The lieutenant says that the officers told him that if he “would chill and let this go,” they would release him without charges. But, if he fought it, he would be charged with obstructing justice, eluding police, and assaulting a law-enforcement officer and would have “to go to court and notify his command.” In the end, the officers did not file charges because, they said, they did not want to ruin his military career for “poor judgment.”

My Soapbox

After watching that police cam footage, I know that, if had been me in that car with two officers pointing guns at me and yelling at me to get my hands out of the car and yelling to get out of the car, I would have been convinced that these guys just want an excuse to shoot me.

Can anyone honestly say that a white driver would have been treated this way?


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Comments

48 responses to “Driving While Black”

  1. Eric the half a troll Avatar
    Eric the half a troll

    This example just continues to raise the question of why we have armed officers licensed to kill in our names enforcing traffic laws (especially administrative ones). Cameras never killed anyone.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      I am not ready to say that officers making traffic stops should not be armed. Traffic stops can be dangerous and police officers have been killed while making them.

      1. Eric the half a troll Avatar
        Eric the half a troll

        I’m saying armed officers should not be making traffic stops for routine violations. Speeding, red lights, even administrative issues can be handled without officer involvement via cameras. You have a road rage chase down the highway at break neck speeds (or similar truly dangerous stuff) sure call in a cop and yes he should then be armed. Right now though cops are nothing more than armed revenue generators and empowering them to kill because your registration is overdue just sets up these sorts of scenarios… and, yes, it is unlikely a white driver would have been handled in the same manner to boot.

      2. Nancy Naive Avatar
        Nancy Naive

        There’s a dozen, or so, countries where they are not, but even where they are, when normalized for population, our cops look like stone cold killers.

        Yes, traffic stops are dangerous. There’s a gun at every one of them.

        BTW, don’t let cops fool you. The job isn’t even in the top 10 of dangerous jobs. Your gardener is more likely to get killed on the job.

    2. Nancy Naive Avatar
      Nancy Naive

      “Cameras never killed anyone.”

      I wouldn’t bet on that one. In 1960, one of those studio cameras could crush someone like a bug. Then, too, the use of flash powder probably wasn’t the safest of things.

  2. tmtfairfax Avatar
    tmtfairfax

    Body-worm cameras are critical to good and fair policing. Lying on a police report cannot be accepted. Assuming, arguendo, this is all true, we cannot accept police officers handling a traffic stop for a missing plate (something that is appropriate to do) in this manner.

    1. Eric the half a troll Avatar
      Eric the half a troll

      I think we should question whether it is “appropriate to do”? Do we really care so much that the state has made its $100+ registration fee on our vehicles that we want to potentially put both the driver and officer lives at risk to collect? I think “customary” would be more accurate than “appropriate”. We don’t arm meter maids do we… well maybe these days we do…??

  3. Publius Avatar

    Yes, I can say that. I also know one example does not mean truth. As my Quantitative Analysis professor remarked – All Indians walk like this (and does a strange walk). How do you know? The one I saw did. (He would obviously be kicked out of B school for such an example today. I don’t know how I survived.)
    Anyway, back to the example – I bet this could happen to a white suspect with white officers and with black officers. I have had interactions with police… Nighttime doesn’t help, nor does being drunk. And it is possible these were rookie cops or bad cops. I don’t know. But I would file suit and I would represent this guy – it sounds over the top. Nonetheless, every interaction is potential death. You try being a police officer.
    Finally, while I’m going there – George Floyd died of a drug overdose. The DA got that info on May 31 from the coroner. Fentanyl level at over 3 times what can be fatal. Lungs weighed 2.5-3 times normal. He drowned in his own lungs. Did you know he was with his drug dealer when stopped? Did you know he had overdosed months earlier? How come the ambulance did not arrive for 20 minutes? Do you know Chauvin followed a MPD powerpoint training document to the letter on this situation? One lawyer against 15? How come the DA’s convo with the coroner wasn’t released until August 25? Might have been nice to avoid burning everything up…oh, that’s right…OMB!
    While I am so thoroughly pi$$ed, how come I know a 19 year old doing 5 years for porn while a 50 year old man with a trail of crimes (porn, drugs, guns, graft) gets a book deal and has never been indicted?
    You see Leftists, what people of a conservative bent want is for laws to be applied uniformly, regardless of color or position. Failure to adhere to that “social contract” for a prolonged period of time could end very badly…but hey, you’ve got the power and you are going to make sure we shut up because of course you are right! There is no chance you are wrong or ever have been…and we should ignore the body count of a few hundred million

    OK, I feel better. I got it out!

    1. Stephen Haner Avatar
      Stephen Haner

      Without the knee on his neck for 10 minutes, he would have lived that day. Case closed.

      1. tmtfairfax Avatar
        tmtfairfax

        Evidence has been presented that Floyd may have died, not due to compression on his neck, but rather due to compression on his back, which, in turn, caused great pressure on, and, ultimately, failure of his lungs. How, if at all, drugs played a role or even caused his death is yet to be determined. But, in any even, Chauvin seems deeply involved. I still think prosecutors have a strong case for Third Degree Murder under Minnesota law.

        1. Stephen Haner Avatar
          Stephen Haner

          Neck, back, whatever — under Virginia law I’d call it second degree. Don’t know Minn law.

      2. Publius Avatar

        I have read enough of your articles and comments to know you are a smart man. But case closed is just wrong. Why even have a trial? Nuance matters. I think the Windsor thing sounds bad. But we don’t know other factors. I also think people need to remember police are doing hard, dangerous jobs and have to make split second judgments. That said – are there bad policemen? Of course! And they should be fired. Often the police union protects them.
        When I think of Windsor, I think of a speed trap town, but I have driven through it only once. Was that fair?
        Back to Floyd trial… the prosecution is now talking “neck area” and there was no damage to his neck. There are so many complicating factors. One was the crowd. That caused a delay with the ambulance and raised the threat level. Did you know Chauvin de-escalated twice? Did you know besides being with his dealer, that they found meth and fentanyl pills in the vehicle? That the dealer had Floyd go into the store with the counterfeit bill after the store owner had refused the dealer? That Floyd may have tried to swallow some of the pills at the time of apprehension to get rid of the evidence? That Chauvin was called in because the rookie cops couldn’t get Floyd under control? That Floyd was 6’ 4 and 224 pounds while Chauvin is 5’ 9 and 140 pounds? The case is much more nuanced than case closed. And if you were in Chauvin’s shoes, you would want a jury to fairly consider all extenuating circumstances. I think this is a horrible national tragedy for a drug overdose and think all the hanging judges should wonder how they would have done…

    2. While you didn’t intend to, you just proved Dick’s point. Racism is alive and well. Not everyone is one, but this comment is pretty telling about how they think.

      1. Publius Avatar

        And how does that prove Dick’s point? Do I think driving while black happens? Yes. Is that what happened? Looks bad, but don’t rush to conclusions. You weren’t there, you don’t know. Why we have an adversarial justice system… It tends to bring out the nuances. Sounds to me like there will be damages for the apprehended driver, and I would say so whether he were black or white and whether the officers were black or white…

  4. Stephen Haner Avatar
    Stephen Haner

    In answer to your final question, yes, it is certainly conceivable that a couple of pissant cops would get violent with a white driver, especially if they perceived him as giving them lip or eluding them. But I don’t doubt it is far more rare. Something about that element of a chase just pumps up the adrenalin and makes them stupid.

    I have not read the story, but this matters to me: Are these officers still employed? Based on the facts presented, admittedly one side, they should not be. I agree with Eric (gasp) and am infuriated by the quick draw stupidity of the police who pull at the least provocation, although as is being demonstrated elsewhere they can kill with even their knees. Immediate suspension and prompt dismissal are crucial.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      According to the article, the two officers are still employed by the town. By the way, it was not much of a “chase”. The officer’s report stated that the driver proceeded at a “low rate of speed”. Furthermore, the officer reputedly told the driver later that it was “reasonable” for him to drive to a well-lit area.

      1. Stephen Haner Avatar
        Stephen Haner

        The plaintiff is going to win unless the locality ducks behind sovereign immunity, and even then he might collect. This is going to court because it is obvious and egregious.

  5. James Wyatt Whitehead Avatar
    James Wyatt Whitehead

    “Get out of the car” command was given 54 times (I counted) before the pepper spray was deployed. Army Lt. Nazario drove at least a half a mile further after the blue lights come on. Why would you continue driving when you have blue lights on and you are on a lighted town street with wide shoulders? Why would you not listen to the command to exit the vehicle? Why didn’t the officers move towards a deescalate strategy? Either might have produced a cooperative response.

    On Feb. 27th Officer Nick Winum initiated a traffic stop in Page County. The pulled over driver came out of the vehicle and shot Winum dead in broad daylight. Shooter Dakota Richards (white guy) was later killed in a police standoff. Sometimes policing is not just black and white.

    https://wsvaonline.com/news/146641-stanley-officers-body-will-return-to-page-county-this-evening/

    https://www.townofstanley.com/wp-content/uploads/Nick-Winum-police-1.jpg

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      Before, and while, he was being ordered to get out of the car, the driver was ordered, numerous times, to show his hands. Sort of hard to do both.

      The driver said that the area in which he first saw the police lights was dark. Not all of Rt. 460 through Windsor is “a lighted town street with wide shoulders.” He obviously felt safer getting to a well-lit area. He used his signal lights to indicate that he intended to stop and drove at “a low rate of speed,” according to the officer himself. Why did he not obey the order to get out of the car? Think about it, here he is, a Black man in a small Southern town, confronted by seemingly angry white cops, with guns drawn and yelling at him at a traffic stop for which he has no idea why he was stopped. It is reasonable to assume that he was afraid that, if he dropped his hands in order to unfasten his seat belt, the officers might think he was going for a weapon and then open fire.

      And as you indicated in the Page County incident, the driver came out of the car shooting. Police generally like for you to stay in your car.

      And a question for you: Why did the police officer feel he needed to pepper spray a man seated in his car with seat belt fastened? I thought pepper spray was to be used when an officer felt threatened. This officer certainly was not threatened.

      As I indicated above in a comment, I realize that traffic stops can be dangerous for law enforcement.

      1. James Wyatt Whitehead Avatar
        James Wyatt Whitehead

        The command to show your hand was only given 6 times before Lt. Nazario complied. If you watch the beginning of the body cam when the blue lights come on, street light after street light are illuminated for 1/2 of a mile. I have been thru Windsor numerous times. Wide shoulders plenty of space to pull over on both sides of the street. When the police put the lights on you need to stop ASAP. When you don’t the conclusion they have to draw is that you are hiding something. When the police have weapons drawn and command you 54 times to get out of the car. You probably should. Lt. Nazario is fortunate. An aggressive attitude along with his non compliance could have resulted in a tragedy. I think the pepper spray was deployed because the policeman was frosted blue with the lack of compliance. The body cam officer was clearly frustrated to the near point of losing control of the situation. I agree with you here. That was not necessary. A deescalate tactic would have been effective. I think the 2nd policeman was attempting that. But being a young guy you could tell he was differing to the officer with the body cam rolling.

        Think about this: on Feb. 27th Virginia lost two law enforcement officers within 24 hours. Both officers had impeccable records. The starting salary for a Va. sheriffs deputy averages $43,000.
        https://wsva-am.sagacom.com/files/2021/02/154927598_3859004000812088_8650210423359382461_n-1.jpg

  6. Stephen Haner Avatar
    Stephen Haner

    https://www.wavy.com/news/local-news/isle-of-wight/lawsuit-windsor-police-officers-threatened-man-and-his-career-during-traffic-stop/

    If blocked by the Pilot firewall, you can find the video here…..

    Now that I’m seeing it, is a classic example of the cops doing just about everything wrong. When the officer spritzes him in the eyes, he committed assault IMHO. A settlement of $1 million seems fair. Only one of the officers needs to be fired, the one doing all the yelling and gun-pointing.

    1. John Harvie Avatar
      John Harvie

      Might disagree slightly, Mr. Haner about the firing issue. I’m not legally trained, just looking at it as a J. Q. Citizen.

      As in Chauvin case, the second officer could have intervened to mitigate/deescalate the encounter somewhat.

      1. Stephen Haner Avatar
        Stephen Haner

        The second officer does seem to calm down more rapidly, lower his weapon.

  7. LarrytheG Avatar
    LarrytheG

    Police work is dangerous especially so when we say most of us can have weapons. You never know when you do a stop (or go to a house for domestic violence) if you might die from a gun pointed at you.

    Having said that, some people are not suited for police work. It requires a LOT of judgement and some folks are just not competent at what boils down to life and death decisions.

    But I’m not going to forgive wrongful police killings because in the end, it changes how citizens respond to police, now they trust police or not.

    We have yet figured out how to do this right.

  8. energyNOW_Fan Avatar
    energyNOW_Fan

    A while back I had black Ffx policeman pull me over near Walmart for a headlight out. I felt it best to pull into the parking lot, and the cop was very pissed that I did that. Apparently the cops want immediate pull over in busy traffic. Part of solution is police need to educate public how to act during a pullover, we need a social agreement how to behave.

    PS- the other question is Virginia new car policy. Do we allow tinted windows and temp tags behind tinted windows? And there is no requirement of a dealer plate saying “NEW CAR,
    see temp plate in window”?

  9. Very distressing to watch that video. It strikes me that both the police and the driver contributed to the unnecessary escalation. I saw no evidence that racism was a factor in the encounter. “This never would have happened to a white guy” is not evidence. In fact, incidents like these do happen to white guys. You just hear about them.

    Where the cops went wrong: The cop who was wearing the body camera and doing all the shouting could have used some de-escalation training. The driver wasn’t obviously agitated or doing anything erratic. The cop’s manner strikes me as unnecessarily and counterproductively belligerent. His strident tone undoubtedly scared and confused the driver.

    Where the driver went wrong; He could have saved himself a lot of grief if he’d just done as the cops had told him — if he’d put his hands out the window, and then gotten out of the car when ordered to, and then gotten on the ground when ordered to. I can tell you this, if a cop pointed a gun at me and told me to put my hands out the window, I would put my friggin’ hands out the window. If he told me to step out the car, I’d step out of the friggin’ car. If he told me to lie on the ground, I’d lie on the friggin’ ground. I would not be protesting, why are you doing this?

    There is no way to know from the V-P account or the video if race was a factor. It was night when the police saw the car. You cannot ascertain the racial identity of someone in the dark unless your headlights are beaming straight on them. All you see is a silhouette. The cops likely didn’t know the racial identity of the driver until he pulled to a stop at the gas station and he rolled down his window. By then, things were already heading downhill. That’s not to say the cops weren’t racist — we just haven’t seen anything to suggest that to be the case.

    Final note: I don’t blame the army lieutenant for being really upset at what happened. He was driving along and minding his own business and these cops descend upon him for what, apparently, was a mistake and wind up spraying him with pepper spray. I’m sure he was terrified, and my heart goes out to him. I’d have been really upset, too. Given our national obsession with race, he naturally assumed that he was victimized because he was black.

    I’m very glad the incident didn’t end tragically.

    1. Eric the half a troll Avatar
      Eric the half a troll

      “- we just haven’t seen anything to suggest that to be the case.”

      Well, it is hard to “see” anything with “tinted windows”…

      1. Thanks for reminding me of the tinted windows. Unless new evidence surfaces, it is impossible to say that the police stopped the lieutenant for “driving while black.” Before they could ascertain his race, they had already drawn guns and started shouting at him. You can argue that they were at fault for over-reacting to the situation — we’ll have to know what they were thinking before drawing a firm conclusion — but there is no evidence at this point that race was a factor. If there was such evidence, I expect that the lawsuit would have presented it.

        1. Eric the half a troll Avatar
          Eric the half a troll

          Really, nothing in your mind asks “Why did the cop consider this a ‘high-risk traffic stop’”…?? You are correct on one account, any hard evidence should come out in court… but you and I both know that LEO racism rarely leaves any hard evidence…. I suspect the cop will walk away with no penalty and will feel even more empowered for the next incident.

          1. Yes, I do wonder why the cops considered the incident a high-risk traffic stop. That’s a legitimate question, and I hope the trial (if there is one) brings out the answer. I have not declared the police innocent of any action. I’ve simply said that I have yet to see any tangible evidence of racism in what they did.

            Your approach seems to be — and correct me if I’m wrong — they’re white, they’re cops, their actions must be born of racism. Maybe we need a new phrase — policing while white. Presumed guilty of racism until proven otherwise.

          2. Eric the half a troll Avatar
            Eric the half a troll

            Maybe targeting and attacking innocent black civilians while white would be more apt. They will get their day in court so I do not presume guilt (sounds like this is a civil suit, I’m sure they will never face criminal charges – just doesn’t work that way). I am a bit tired of automatically giving the LEO the benefit of the doubt while seeking to blame the victim of the violence as is happening on this very thread…

          3. OK, we finally agree on something. No one is entitled to either guilt or innocence on the basis of their race or role in law enforcement. Each case needs to be based on its own merits as determined in a civil or criminal court of law, and not tried in the media. How’s that?

          4. Eric the half a troll Avatar
            Eric the half a troll

            I agree with that. Unfortunately it never really happens that way. That being said… did OJ do it…??

  10. LarrytheG Avatar
    LarrytheG

    Well, clearly, the driver did not want to stop in the dark and purposely sought a well-lighted area and apparently by that time the Cops were agitated.

    If the stop had occurred in the dark, would they have acted the same way with guns pulled , etc?

    In stops like this every factor, every nuance can affect the behavior both the driver and the police.

    I do think if you are a black man, given the events that have been in the news, that stopping in a well lighted area is not to be unexpected by the police.

    Like I said earlier, not everyone is cut out to be a Cop. It’s not a job for people who can themselves get upset and emotional and then let that affect their behavior.

    I would not at all be opposed to police training that “stress tested” ALL trainees to see how they reacted under stressful situations. Don’t fire them, put them back into training again until they become better skilled at it.

    I see where the Maryland legislature overrode their Governors vetoes are more restrictions on police.

    1. Nancy Naive Avatar
      Nancy Naive

      Yeah, every once in awhile you read a story of a cop in an unmarked trying to pull over a sweet young thing on a dark two-lane and the girl is smart enough to continue slowly to the 7-11.

      The one I remember of late, the girl called 911 trying to verify if it was really a cop. To no avail. The cop arrested her, cuffed her, dragged her off to jail, and charged her with felonies.

      The best way to solve this is no unmarked cars.

  11. Nancy Naive Avatar
    Nancy Naive

    Craig Allen Peyer
    Joseph James DeAngelo Jr.
    Christopher Jordan Dorner

    Just google using keywords and the phrases like “serial killer cop”, “impersonating”, “rapist”, etc., and pick through the results and you will find many cases of nighttime traffic stops used to assault and kill by both cop impersonators and cops.

    1. James Wyatt Whitehead Avatar
      James Wyatt Whitehead

      21 Virginia law enforcement officers have been killed since 2015.
      2 in car crashes.
      4 from 9/11 cancer related illness.
      2 from COVID.
      5 from gunfire.
      2 from aircraft accidents.
      3 from vehicular assault.
      1 from a heart attack.
      2 from vehicular pursuit.

        1. James Wyatt Whitehead Avatar
          James Wyatt Whitehead

          Which page? Throw me a bone or a brick. Whichever is closest.

          1. Nancy Naive Avatar
            Nancy Naive

            Page #9 table on fatalies per 100,000 FTEs. What “dangerous” job is missing?

            And from another document…
            “Police officers were fatally injured at a rate of 13.7 per 100,000 full-time equivalent (FTE) workers in 2018”
            https://www.bls.gov/iif/oshwc/cfoi/police-2018.htm

            So… a little mismatch in the years, but cops ain’t got it as bad as they want you to think.

            Every time a cop shoots someone, armed, unarmed, justified, whatever, some media type (talking head or police spokesman) always cries, “but, it’s a dangerous job.” No, it isn’t.

            Misconception #2. For an American in WWII, the soldier on the battlefield was safer than the civilians building the weapons of war back home. The death rates per 100,000 were close, but civies beat the soldiers.

          2. James Wyatt Whitehead Avatar
            James Wyatt Whitehead

            Thanks. I am staying away from management jobs. They die faster than gnats.

  12. LarrytheG Avatar
    LarrytheG

    Do other countries have similar problems with these kinds of police issues or is it primarily an American thing?

    1. Hammertime Avatar
      Hammertime

      I dated a black Canadian girl in college, her father was regularly pulled over for DWB, because he drove an expensive Jaguar and cops assumed he was a thief .

      1. LarrytheG Avatar
        LarrytheG

        DO Canadians have more black people convicted and in jail like we do , compared to other countries?

  13. James Wyatt Whitehead Avatar
    James Wyatt Whitehead

    Some interesting new details to this story along with Lt. Nazario’s cell phone video account. Both officers were at first disciplined and assigned training. Officer Joe Gutierrez was fired over the weekend. I expect Officer Daniel Crocker will be next. Northam has ordered an investigation. If you look at the additional body cam video not posted by the newspaper you will find that Lt. Nazario was carrying a firearm on the floorboard. I don’t know if he has a carry/conceal permit or what policies the Army has for carrying firearms off base and in uniform.
    https://news.yahoo.com/police-accused-threatening-pulling-gun-215052870.html

  14. Nancy Naive Avatar
    Nancy Naive

    I know most people can’t appreciate my sense of humor but the police themselves will tell you why a cop mistakes a 2lb glock for 1/2lb tazer… gun black, tazer yellow.

    “This is my glock, this is my gun. This is for killing, this is for fu… oh wait, she didn’t have a gun.”

    https://abcnews.go.com/US/court-oks-barring-high-iqs-cops/story?id=95836

  15. Nancy Naive Avatar
    Nancy Naive

    Fired the day AFTER it went public after the Police Chief sat on it for 4+ months.

    C.S. Lewis Quote: Integrity is doing the right thing even when no one is watching

    Someone else needs to be fired…

    1. LarrytheG Avatar
      LarrytheG

      Yep , and this seems to be a fairly standard approach by the police now days. Apparently, they do not think they need PR advice to “Get out in front of this”. Nope, they hide until they can’t keep it from getting out , THEN they PANDER by taking actions they would not have if it never got out which was typical before the advent of cell phone and body cams.

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