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Lawsuit against Stafford deputy says case exemplifies the "risks of driving while black"

Lawsuit against Stafford deputy says case exemplifies the "risks of driving while black"

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Dash cam footage of Wingate arrest

Still frame image taken from dash cam footage recorded during the confrontation between George Wingate and Stafford Deputy S.A. Fulford.

A recently filed lawsuit claims that a Stafford County deputy’s disputed arrest of an Alexandria man exemplifies the “risks of driving while black.”

George Wingate, who is African–American, filed a federal lawsuit Monday against Stafford Deputy S.A. Fulford, who arrested the plaintiff in April 2017 for refusing to provide his name. The lawsuit claims that the deputy violated the Fourth Amendment, which prohibits the “involuntary detention of a person for refusing to identify himself … if the officer has no reason to suspect possible criminal wrongdoing.”

Wingate was also charged with resisting arrest, obstruction of justice, and possession of a car title issued to another. All of the charges were dropped, online court records show.

The early-morning incident happened after Wingate pulled his vehicle off the road and into a parking lot of a closed business because the car’s “check engine” light came on, according to the lawsuit. He turned off the car and lifted the hood to check the engine and let it cool. Wingate was reading the car’s owner’s manual when Deputy Fulford pulled up behind him to ask whether he needed help.

Wingate appreciated the offer, but did not require assistance, the lawsuit states. But the deputy indicated that Fulford could not leave until he identified himself. Wingate declined multiple times.

“Mr. Wingate was aware of his rights,” the suit states. “He was also aware that he was an African–American man being wrongfully required to identify himself to a white deputy who had confirmed to him that he had done nothing wrong and was not suspected of having done anything wrong.”

The lawsuit states that Wingate did not cooperate with deputies as they attempted to handcuff him. He “impetuously” broke free and ran from Deputy Fulford and a second unnamed deputy out of fear and “in the confidence that his arrest was wrong,” according to the suit. The deputies were able to catch and handcuff him.

Wingate’s car was impounded, and he spent the night in jail. His car was eventually repossessed because he could not afford to pay the towing and impounding fees, the suit states.

The lawsuit includes a link to police dash-camera footage of the incident posted on YouTube.

The video shows one of the deputies citing county code 17-7, which states that it is a misdemeanor for someone in a public place to refuse to identify himself to a law enforcement officer if “the surrounding circumstances are such as to indicate to a reasonable man that the public safety requires such identification.”

The situation escalates when Wingate tells Fulford: “Obviously, this is some type of situation for you. I guess you have nothing else better to do, but I’m just sitting here trying to figure out what’s going on with my car.”

The deputy replies: “I drive by, and I see somebody with a hood up, so guess what I’m going to do as a police officer? I’m going to pull over, and I’m going to try and help that person. You’ve been doing nothing but giving me attitude.”

One of the deputies tells Wingate there have been a lot of catalytic converter thefts in the area. “It’s kind of weird, it’s 2 o’clock in the morning, and you’re out here on the side of the road in the same area where these vehicles have all been hit,” the deputy adds.

Wingate replies that he didn’t commit any crimes, and a deputy tells him, “Nobody said you did. All I’m asking you for is your ID.”

Shortly thereafter, Wingate asks: “So what crime did I commit?”

“You’re failing to identify yourself,” the deputy says.

“No, I’m not,” Wingate replies.

“So who are you?” the deputy asks.

“It doesn’t matter who I am,” Wingate replies.

The deputies then tell him to put his hands behind his back as they attempt to handcuff him. The video ends after one of the deputies tells Wingate he is resisting arrest.

The lawsuit claims that Wingate “suffered severe mental anguish from the fact that what happened to him exemplified problems facing law-abiding African–American men in their dealings with law enforcement.” Wingate had to explain those problems to his children for their safety, the lawsuit states.

The lawsuit requests monetary damages, but does not specify an amount. Wingate is represented by Victor M. Glasberg & Associates in Alexandria.

A Sheriff’s Office spokeswoman said she was familiar with the lawsuit, first reported by WTOP, but added: “For now, we do not have a statement as this is pending litigation.”

Jeff Branscome: 540/374-5402 jbranscome@freelancestar.com

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