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Minnesota Police Fatally Shoot Black Man, Inflaming Tensions During Chauvin Trial; Virginia Officer Fired after Pepper-Spraying Active Duty Army Officer; Michigan Lieutenant Governor Calls for more Vaccine Supplies as Cases Surge. Aired 7-7:30a ET

Aired April 12, 2021 - 07:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[07:00:00]

JOHN BERMAN, CNN NEW DAY: He was killed nearly one year ago.

Authorities say the officers involved were wearing body cameras. This morning, we're hearing from Wright's mother who says she spoke to her son moments before he was killed.

POPPY HARLOW, CNN NEW DAY: We'll have more on that. Also developing this morning, a police officer fired in Virginia over a controversial arrest all captured on video. A U.S. Army officer is now suing two accomplishes there for pointing their guns at him, pepper spraying him and pushing him to the ground during a traffic stop. The officer said he was pulled over for a missing license plate on his new SUV, but, in fact, there was one taped right to the back. More on that in a moment.

Let's begin with breaking news. CNN's Adrienne Broaddus joins us live this morning in Brooklyn Center, Minnesota, which is, for people who aren't familiar, it's so close to downtown Minneapolis where the Derek Chauvin trial is taking place, just miles away.

ADRIENNE BROADDUS, CNN CORRESPONDENT: Poppy, about ten miles away, and this is sadly familiar, here in the twin cities, we've been here before. Up until six months ago, I lived here for seven years and these images, broken glass, a business behind me destroyed, it's the T-Mobile, it reminds me of those same images we saw following the killing of George Floyd, but this time a black 20-year-old shot and killed by a police officer in Brooklyn Center, and what exactly happened is still unclear.

(BEGIN VIDEOTAPE)

BROADDUS (voice over): Outrage and frustration in Brooklyn Center, Minnesota, with crowds gatherings and protests in the death of Daunte Wright, an officer shooting the 20-year-old during a traffic stop Sunday. Police say they were attempting to arrest the man after determining he had outstanding warrants, and he got back into his car.

JOHN HARRINGTON, COMMISSIONER, MINNESOTA DEPARTMENT OF PUBLIC SAFETY: one officer had fired a weapon, striking the driver. The vehicle continued and eventually crashed. And medical resources were then deployed to the scene to aid the people in both the vehicle that was crashed into and the original group. The driver of the vehicle was deceased.

BROADDUS: Authorities say Wright died at the scene of the crash, his mother arriving there afternoon the incident, saying he called her when he was pulled over shortly before 2:00 P.M.

KATIE WRIGHT, DAUNTE WRIGHT'S MOTHER: He said he was getting pulled over by the police, and I said, well, why did you get pulled over. He said he got pulled over because he had air fresheners hanging from the rearview mirror.

BROADDUS: According to the Brooklyn Center Police, both body cameras and dash cameras were activated during the shooting, evidence investigators will no use to help determine what happened.

HARRINGTON: It's an open investigation and it's too early for us to be able to make any real comment on it.

BROADDUS: Tension growing in the city overnight, officers deploying tear gas on protesters outside the Brooklyn Center Police Department. In anticipation of more unrest today, the state deploying more law enforcement officials in the greater Minneapolis area.

COL. MATT LANGER, MINNESOTA STATE PATROL: What you will see is a greater law enforcement presence, a greater National Guard presence.

(END VIDEOTAPE)

BROADDUS: And right now, you'll see members of the National Guard and officers with the Brooklyn Center Police Department redirecting traffic. They've used their vehicles to block people from entering the shopping center where the looting took place overnight.

There's so much hurt in this community and frustration as we enter the third week of the Derek Chauvin trial. Some folks I talked to yesterday said, you know, this officer-involved shooting here in Brooklyn Center happened around the time some people were learning about that Army lieutenant who was pulled over, pepper sprayed, and held at gunpoint.

So all of that frustration is building up or has built up, and then keep in mind, Poppy and John, for the last two weeks, folks have watched the Chauvin trial play out on live television, and it resumes in a few hours here. Later today, we are expected to hear from a medical doctor who was supposed to testify on Friday as well as possibly today or later this week, a member of George Floyd's family. John?

BERMAN: Adrienne Broaddus, I have to say it's great to have you there with your experience, your knowledge of the area. We appreciate your reporting. Also chilling to see the images just behind you, the National Guard vehicles, which have now been deployed after a night of unrest there. Stand by for us. Don't go far. We're going to talk about this in just a moment.

But, first, as Adrienne pointed out, there's a different police encounter that's getting a lot of scrutiny this morning. A Virginia officer has been fired over an incident involving a black and Hispanic Army lieutenant who had guns pointed at him and who pepper sprayed him during a traffic stop. The Army officer is suing over the incident, which was captured on remarkable video.

CNN's Natasha Chen joins us now with this story. Natasha?

[07:05:00]

NATASHA CHEN, CNN NATIONAL CORRESPONDENT: Yes, John. We don't know exactly when Officer Joe Gutierrez was fired, but his termination happened after internal investigation found the department policy wasn't followed. Now, the other officer is still employed with the Windsor, Virginia Police.

Footage from both their body cameras and they personal cell phone of the man they pulled over show us what happened back in December. Now, we've had to watch this many times to put the story together and it does not get any easier. Viewers should know that this video can be disturbing to watch.

(BEGIN VIDEOTAPE)

CHEN (voice over): 6:30 P.M., December 5th, 2020, Lieutenant Caron Nazario driving in his Army fatigues through the small town in Windsor, Virginia, saw flashing lights in his rearview mirror. He wasn't sure why he was being pulled over. According to his lawsuit, he slowed down and put his blinker, indicating his intention to pull over but didn't do so for another minute and 40 seconds, which he later explained it was to drive to a well-lit area.

UNIDENTIFIED MALE: Driver, roll the window down. Put your hands out the window. Turn the vehicle off, put your hands out of the window.

CHEN: Hearing these different commands while sitting in his car with a seatbelt on, Nazario began recording from his own cell phone and put his hands out of the window, as ordered. It turns out, Officer Daniel Crocker had not seen the temporary license plate taped to the back window of Nazario's brand new Chevrolet Tahoe, and seeing tinted windows and a driver not stopping right away, Crocker decided it was a high-risk traffic stop, but this was never explained to Nazario, who, for several minutes, continued to ask why he was being pulled over.

2ND LT. CARON NAZARIO, U.S. ARMY: What's going on?

UNIDENTIFIED MALE: How many occupants are in your vehicle?

NAZARIO: It's only myself. Why are your weapons drawn? What's going on?

UNIDENTIFIED MALE: Get out of the car now.

NAZARIO: I'm serving for the country and this is how I'm treated?

UNIDENTIFIED MALE: Guess what, I'm a veteran too. I know how to obey. Get out of the car.

CHEN: Body camera footage shows Officer Gutierrez, gun drawn, unfastening the Velcro around what maybe his taser at this time.

NAZARIO: What's going on?

UNIDENTIFIED MALE: What's going on is you're (INAUDIBLE) ride the lightning, son.

CHEN: The lawsuit says Nazario thought ride the lightning meant he could be killed.

NAZARIO: I'm honestly afraid to get out. Can I --

UNIDENTIFIED MALE: Yes, you should be. Get out now.

NAZARIO: I have not committed any crimes.

UNIDENTIFIED MALE: The reason why we're (INAUDIBLE) you're not cooperating at this point right now, you're under arrest for -- you're being detained --

NAZARIO: For a traffic violation? I do not have to get out of the vehicle. You haven't even told me why I'm being stopped.

CHEN: About two or three minutes in, Officer Crocker tried to open the driver's door. In his report, he wrote, quote, when I attempted to unlock and open the driver's door, the driver assaulted myself by striking my hand and pulled away from Officer Gutierrez's grip. But in his own body camera footage, Nazario was not seen striking anyone.

Crocker's report also says that at this point, Gutierrez, quote, gave several more commands to comply with orders or he would be sprayed with his O.C. spray, but no such warnings could be heard. Gutierrez just Nazario was sprayed, still without either officers having told Navario what exactly he was pulled over for.

NAZARIO: That's (BLEEP) up. That's (BLEEP) up.

UNIDENTIFIED MALE: Get out of the car now.

NAZARIO: I don't know if I'm able to reach my seatbelt.

UNIDENTIFIED MALE: Take your seatbelt off and get out of the car. You've made this way more difficult than it had to be.

NAZARIO: Can you please talk to me about what's going on? Can you please talk to me about what's going on? Why am I being treated like this? Why?

UNIDENTIFIED MALE: Because you're not cooperating. Get on the ground.

CHEN: The officers handcuffed Nazario and stood him back up. He told them his dog was in the backseat and choking from the pepper spray. Medics arrived and the conversation mellowed.

Nazario explained why he didn't immediately pull over.

NAZARIO: I am was pulling over to a well-lit airy for my safety and yours. I have respect for law enforcement.

CHEN: But Gutierrez said that wasn't the problem.

UNIDENTIFIED MALE: The climate we're in, with the media spewing with the race relations between minorities and law enforcement, I get it, okay? So like I told you, as far as you not stopping, you weren't comfortable and you want a well-lit spot, Lieutenant, that happens all the time. It happens to me a lot. And it's I'll say 80 percent of the time, not always, 80 percent of the time, it's a minority.

CHEN: And while the officers couldn't understand why Nazario didn't get out of the car as instructed, Nazario said he didn't know why he was being stopped.

NAZARIO: I never looked out the window and saw guns blazing immediately.

CHEN: Gutierrez eventually told Nazario that he had a conversation with the chief of police and was giving him the option to let this all go.

UNIDENTIFIED MALE: There's no need to put this on your record. I don't want it on your record. However, it's entirely up to you. If you want to fight and argue -- I have respect for you, okay? I mean, you have that right as a citizen. If that's what you want, we'll charge you.

It doesn't change my life one way either way.

(END VIDEOTAPE)

[07:10:00]

CHEN (on camera): You just heard him say it doesn't change his life either way. That was Officer Joe Gutierrez, who has since been fired. CNN has not yet been able to reach him or the other officer in this case. It's not clear if they have legal representation for this lawsuit.

Now, Virginia State Police are investigating at the request of the Windsor chief of police, as well as the direction of the Virginia governor. John?

BERMAN: All right. Natasha Chen for us with that story. Natasha, thank you so much for your reporting.

Joining us now is Cedric Alexander, he's the former public safety director for DeKalb County, Georgia, and former president of the National Organization of Black Law Enforcement Executives. Also with us, CNN Legal Analyst and civil rights attorney Areva Martin.

I want to go back to what we're seeing this Minnesota this morning because this is developing. Brooklyn Center, ten miles from the courthouse where Derek Chauvin is on trial, and 20-year-old Daunte Wright was killed, Cedric, in an encounter with police. Now, to be completely transparent, we just don't have too many details yet. We know he was pulled over. His mother said it was because of an air fresheners dangling from the window. We haven't heard from police on that subject yet. What we also know from the police that they say he was shot after apparently trying to get back into his car after the initial encounter with police. What questions do you this morning about this incident?

CEDRIC ALEXANDER, CNN LAW ENFORCEMENT ANALYST: Well, certainly, this is very early in the investigation, and I think we have to wait until we can garner more information hopefully from the city and from the chief because I think as soon as they can tell us more, it's going to mean a lot to that community and the country at large.

But for me, the question is even he knew, the subject knew, the deceased knew he had a warrant, got into his car, what was the reason for the shots being fired by the officer? That is the question that's going to need to be answered. Was he reaching for a weapon? Was a weapon in the vehicle? There's no report that we know of at this moment. There was a weapon that was there in possession of the victim who was killed in this case. So those are the primary questions -- the primary question I think people are going to want answered.

But here is the bigger thing, John. If we consider in light of where we are in this country right now, they're sitting right in the middle of the epicenter of this trial. And then you have the incident with the Army lieutenant and just the ongoing disturbance and separation that's going on in this country, it's a real volatile situation and it's very scary to all people. It should be to all American people issues because we've got issues we need to deal with.

HARLOW: So, Areva, to the broad picture here and how it ties into the Chauvin trial, you're an attorney, this is a trial being seen by the world because cameras are in this courtroom and Brooklyn Center right is on the periphery of Minneapolis, and I guarantee you those protests and what we're seeing play out on the streets of Brooklyn Center are going to if they have not already come right downtown, right in front of the courthouse, how does this play into the Chauvin trial? You're got a jury that is partially sequestered but some of them could even live in Brooklyn Center, just very close.

AREVA MARTIN, CNN LEGAL ANALYST: Absolutely, Poppy. Not only can some of them -- the reality is some of them may live in that community, but also there's the potential that they will hear of this news. This is going to be national news for at least the next several days, if not weeks, so this judge has to be concerned about information that these jurors may take in related to Mr. Wright's and how that may impact the decision-making with respect to Derek Chauvin.

We know they'll be given an instruction, as they have been admonished thus far that they should not take in any information in the Chauvin trial unrelated to the facts and evidence presented in trial. But we know jurors are humans and they do get access to information. This jury only has 14 members. This judge can't allow -- he's not in a position to lose but two of these jurors. So there's going to be a real tightrope that this judge has to walk in order to keep this jury in place so that there's not a mistrial called with respect to the Derek Chauvin matter.

But this is very disturbing, very frustrating, there's going to be, as you say, lots of protests happening in this community, and inevitably, chances are it's going to impact this jury.

BERMAN: And, again, we still need to learn more details about what happened exactly in Brooklyn Center. But, Areva, the context, and Cedric points this out, the context of what happened, the broader national context is the Derek Chauvin trial, is what happened to George Floyd, is what happened to Lieutenant Nazario in Virginia.

When you see that video -- and that we do have the details on that. We have seen the video now. What jumps out at you?

MARTIN: How disturbing this is, John.

[07:15:00]

That video with that -- you know, that Army lieutenant is incredibly disturbing. When you listen to that conversation that the police officer is having about minorities and their interactions with police officers somehow trying to justify his conduct, that's really repulsive to me.

I think have a national crisis, a public health crisis happening with respect to African-American men in particular, but it also happens to women and their encounters with police and the same way we would treat a public health crisis where there's a coronavirus crisis or any other public health crisis, we need to bring to bear national resources at the highest level because I don't know how much more this country, communities like Minneapolis, communities like Virginia can take when they see these interactions with police officers and African-Americans played out over and over again.

We know statistically African-Americans are more likely to die from encounters with police than their white peers, and the question I think everyone is asking, when does this stop.

BERMAN: Areva Martin, Cedric Alexander, thank you both very much. You said something jumped out when we were watching the video of Lieutenant Nazario, when the lieutenant says, I'm afraid to get out of the car, the officers say --

HARLOW: Yes, you should be. I mean, I don't understand why that's not getting -- I think that's going to get a lot of attention. He said, you should be scared to get out of your car.

BERMAN: Remarkable to see all that. And, again, we're following the breaking news out of Michigan all morning long -- out of Minnesota all morning long.

Meanwhile in Michigan, the governor there making an urgent plea to the White House as COVID cases push hospitals to their limit. We're going to speak to a doctor on the front lines of the nation's clear hot spot, next.

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[07:20:00]

BERMAN: Michigan's governor is urging the White House to surge vaccine doses to that state as Michigan copes with a sharp increase in new coronavirus cases. You can see by the chart right there, hospitalizations, the chart looks even worse with total hospitalizations reaching the all-time high we saw just before Christmas.

Joining us now, CNN Medical Analyst Dr. Leana Wen, she's the former Baltimore City health commissioner. Also with us, David Miller, he's the president of the University of Michigan Health System.

Dr. Miller, let me start with you. We see the charts looking bad with cases and hospitalizations going up. What do things look like on the ground there to you?

DR. DAVID MILLER, FORMER BALTIMORE CITY HEALTH COMMISSIONER: Good morning and thank you. I'd like to start by just recognizing that it's difficult to fully express the courage and commitment and the resolve of our teams here over the last year as we've taken care of patients throughout multiple surges of the pandemic both here at University of Michigan Medicine and among health care workers across the country.

And I would say that we've learned a lot about caring for patients with COVID-19. We have more testing. We have more personal protective equipment. We have better therapeutics and we have the remarkable promise of the vaccine.

But at the same time on the front lines, our teams are tired, if not, exhausted. And it's difficult to face these circumstances yet again. Nonetheless, I know that our teams are strong and resolute and that although it's challenging, we're prepared to come together again to take care of our patients and take care each other.

We're seeing pace of hospitalization that is different than we've seen previously. We're seeing younger patients admitted to the hospital. We're seeing perhaps more severe symptoms associated with the variant and all of this is requiring the best of us to come together. And as you mentioned in the opening, we see the promise of more vaccinations as an important part of our exit from this pandemic.

HARLOW: Given all, Dr. Wen, what we've just heard Dr. Miller lay out there, when he's on the frontlines dealing with this, it seems as though you think, Dr. Wen, it's a mistake of the Biden administration, at least up until this point, not to surge vaccine doses into Michigan right now.

DR. LEANA WEN, CNN MEDICAL ANALYST: That's right, Poppy. A core principle in public health is to target resources where they are needed the most. That

actually is the definition of equity. It's not to spread out all the resources evenly everywhere it's to go to areas of greatest need that are the hardest hit. Now, when the entire country is a (INAUDIBLE) of coronavirus, maybe it does make sense to distribute the resources evenly. But right now, there are localized hot spots. There are also parts of the country that are not using up their entire vaccine allocation. And so it just makes common sense and, frankly, scientific and public health sense to redistribute those resources.

And I think that's the kind of plan that we need going forward, especially coming into the summer and fall where we're going to see these localized, regionalized outbreaks. And the federal government needs to come up with a plan for how to surge those resources including a vaccine allocation.

BERMAN: Dr. Miller, the governor, Gretchen Whitmer, is calling for a voluntary sort of dialing back among people, stop going out to restaurants, but she's not going to impose, it doesn't sound like, new restrictions on people. So where does this headed, do you think? What happens over the next couple of weeks?

MILLER: Thank you. And we're very aware of the ongoing policy conversations and the state's recommendation for a two-week voluntary increase in social distancing activities. And we think that's an important part of our overall response.

I think within the health care delivery system, we remain focused on the issue we can most directly influence and control, but continued public health measures of wearing masks, of socially distancing, of avoiding large indoor gatherings, hand hygiene, these are all critical elements that we've implemented since last year that we have to continue.

And at the same time, again, the importance of vaccination, increasing the supply of vaccines, and we're supportive of more vaccines to the state of Michigan given our current circumstances and also making vaccines easy to access, ensuring the administration and distribution is equitable and that we're meeting our patients in our communities where they are in terms of needs around the vaccine.

[07:25:08]

These are the critical strategies that we're focused on every day as we also continue to care for patients and hospitals throughout the state.

HARLOW: You know, Dr. Wen, to Dr. Miller's good point about making it very easy for people to get vaccinated, where do you fall into the debate over whether in a situation like this, they should allow people to get vaccinated without an appointment? Because we know some of the online access to making an appointment has been a barrier for some of those most in need. If you're looking at Michigan right now, should they make a move the allow folks to get a vaccination without making that appointment?

WEN: Yes, we should make every effort to make vaccinations as easy possible, to make vaccination be easy and convenient choice, and that includes, as Dr. Miller was saying, making vaccines very easily available wherever it is that people are.

We need to be going to people, whether it's through mobile outreach, having public clinics in churches and businesses and schools and also as you were saying, Poppy, making sure people can actually get the vaccine, not having to make appointments and trying to figure out how to make appointments online but walking in.

And studies have actually shown that when you make walk-in appointments, that helps to reduce the disparities gap.

BERMAN: Dr. Wen, Dr. Miller, thank you both for being with us this morning.

MILLER: Thank you.

HARLOW: All right. Ahead, Republican Congressman Matt Gaetz resisting calls to resign amid allegations of sex trafficking. Has he lost the support, it looks like now, of his former good friend, former President Trump? Our new reporting is next.

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[07:30:00]