The Cheyenne Police Department has arrested a woman who tried to intervene in a violent encounter between police and her nephew.
Nadia Gauna, 43, announced via social media last week that Cheyenne Police Department officers beat her nephew, Yzail Gauna, 26, the night of April 5. She posted intense cellphone videos of an officer repeatedly striking Yzail Gauna with a baton while other agents hold the man in place on the ground. At one point the officer with the baton pauses to take several deep breaths, then continues striking Yzail Gauna.
Nadia Gauna said the beatings were for no reason.
Cheyenne Police Department countered in an April 9 release, saying Yzail Gauna started the fight by emerging from the backseat of a pulled-over car to push an officer, and by tasing the officer in the chest — and that officers had to beat his arm and shoulder area because they were concerned about his efforts to conceal his right arm under his body.
Now Nadia Gauna, who approached officers and yelled during the beating incident, could face up to a year in jail and $1,000 in fines if convicted of a misdemeanor interference charge stemming from her efforts to stop the incident. She was arrested Wednesday and has since been released on a $250 posting of a $2,500 bond.
Her nephew Yzail Gauna faces up to 11 years in prison if convicted on felony and misdemeanor interference charges.
‘Cheyenne Beware’
Nadia Gauna was reportedly driving the car the night of April 5 at about 11:30.
An officer was following her closely though she wasn’t speeding, she wrote in a Facebook post the following day. Though the officer did not turn on his lights, she pulled over to see what the issue was, she wrote.
An officer with a “dark brown beard” approached the rear passenger side of the vehicle while a different officer contacted Nadia Gauna at the driver’s side, saying her license plate light was out.
An officer asked for everyone’s names, which Nadia Gauna described as unusual since she was the only one driving. She noted the occupants weren’t buckled in, saying they unbuckled their seat belts when the car stopped.
The officer with the beard asked Yzail Gauna to step out of the car, while the officer with the dark beard opened the back car door and stepped in toward Yzail Gauna, Nadia wrote.
“The officer grabbed him and took his flashlight and hit him in the eye area extremely hard to where he split his eye/face open causing blood to pour out,” says the narrative, adding that the family was shocked and confused.
Nadia jumped out of the car, along with her niece, screaming for officers to stop, “over and over.”
She said two officers tased Yzail Gauna and two more beat him; it seemed they were breaking his bones. She described officers taking Yzail Gauna to the ground.
“He was never resisting from the start,” Nadia Gauna added. “He was trying to protect himself while being attacked with batons, tazed by 2 officers.”
Video Comes Out
The Cheyenne Police Department’s answer was to release an edited video of its body and dash camera footage, along with a narrative accusing Yzail Gauna of police interference.
Gauna was wanted for domestic battery and a probation violation. He reportedly gave the wrong name to law enforcement during the traffic stop, rousing their suspicions.
A Little Difference
The police narrative says Yzail Gauna started reaching into his pants pocket, allegedly for a knife, then pushed the officer and tried to run away.
Here there are differences between the video narrative and the evidentiary affidavit filed against Gauna.
For example, the narrative doesn’t note what the video shows: an officer apparently grabbing Gauna’s right hand with the officer’s left hand while Yzail Gauna was still in the vehicle.
The affidavit says Cheyenne Police Department Officer Nathanial Lucero pulled Gauna out of the vehicle “when he saw Gauna reaching for a red pocketknife in his pants pocket.”
The video doesn’t show a knife; Gauna said he was only reaching for his phone.
The affidavit says a red pocketknife was later found on Gauna during his arrest search.
Next, the video shows a sudden forward, blurred motion from Yzail Gauna while he holds both hands in front of him. The video narrative says Gauna pushed Lucero, and the affidavit also makes that point.
A taser sounds followed by a man screaming profanities.
The department’s video narrative doesn’t explain the taser sound at that juncture. But the affidavit says Lucero tried to tase Gauna but couldn’t achieve interlock.
The Tackle
The video and the affidavit both depict officers tackling Gauna to the ground. The video’s narrative and the affidavit both claim Gauna tased Lucero in the chest. This portion of the footage is blurry with rapid action, however.
Images from a video taken by the suspect's family member at the scene and provided by state Sen. Anthony Bouchard, R-Cheyenne. (Cowboy State Daily Staff) 
This screen capture from video released by the Cheyenne Police Department shows the altercation and arrest of a suspect that involved use of force. (Cheyenne Police Department via Facebook) 
This screen capture from video released by the Cheyenne Police Department shows the altercation and arrest of a suspect that involved use of force. (Cheyenne Police Department via Facebook) 
This screen capture from video released by the Cheyenne Police Department shows the altercation and arrest of a suspect that involved use of force. (Cheyenne Police Department via Facebook)
This Part Not Offered For Probable Cause
The evidentiary affidavit does not mention that an officer hit Yzail Gauna repeatedly with a baton after the tackle. The video narrative says these were “targeted” strikes intent on getting Gauna to stop reaching for his pocketknife.
Nadia Gauna’s video shows the bearded officer fiercely striking Yzail Gauna’s arms, shoulder, ribs, back and hip while multiple women scream for him to stop.
Yzail Gauna’s arm was at first braced against the pavement on his clenched fist, forearm and elbow, but when the officer strikes it he wedges it underneath his body and rolls over, shouting and screaming that the officer broke his hand.
“He broke it?! He broke it?!” the women scream.
“Back up! I’m telling you to back up,” says an officer to the women. “You keep walking up to me you’re going in handcuffs.”
The women say they’re suing police, and that they got all their faces on camera.
The officer says he doesn’t mind the recording, but the women need to quit walking up on the scene.
“Calm down Nadia,” says Yzail. “Call a lawyer.”
Nadia demands that police call an ambulance. The women start berating officers and asking why they’re not calling an ambulance.
Officers say they did call an ambulance.
Mug Shot
The video narrative CPD released says Yzail Gauna was medically cleared before being taken to the Laramie County Detention Center.
His mug shot depicts a man with multiple bruises and a bewildered facial expression.
Contact Clair McFarland at clair@cowboystatedaily.com
Clair McFarland can be reached at clair@cowboystatedaily.com.
