State lawmaker apologizes after homophobic, xenophobic remarks toward police officer during DUI stop

By Sara Smart, CNN

(CNN) — A North Dakota state lawmaker made homophobic and discriminatory remarks toward a police officer while being placed under arrest on DUI charges earlier this month, authorities said.

On December 15, Republican Representative Nico Rios was arrested and issued a citation for a DUI, DUI refusal and an open container, according to a report from the Williston Police Department.

Rios was pulled over by police around 11:30 p.m. after his vehicle failed to stay in its lane, the police report said.

Officers conducted a Horizontal Gaze Nystagmus test, Walk and Turn test, and One-Leg-Stand test where Rios showed “slurred speech and issue constructing sentences” during the investigation, the police report said.

In the report, one of the police officers wrote throughout testing Rios became “verbally abusive, homophobic, racially abusive and discriminatory,” toward him.

Rios was placed under arrest after refusing to submit a screening test, the report said.

“Inebriated or not, my actions and words to law enforcement that night were absolutely unacceptable,” Rep. Rios said in a statement to CNN. “Just two cop(s) doing their jobs keeping the community safe when they ran into me on a night I decided to act like a dummie. They did nothing to deserve any sort of disrespect. I owe it to myself, my district, and everyone and I vow to make sure this never happens again.”

Body camera video released from the night of the incident shows Rios make the remarks during his arrest and throughout the commute to the jail.

Rios called one of the officers a homophobic slur during the traffic stop and later made a point to bring up an officer’s nationality from the back of the police vehicle. When the state representative inquired about his accent, the officer told Rios he is “originally from England,” which Rios then claimed England is being “taken over” by migrants.

“You’re arresting me for driving home while people come into your country and rape your women? And I’m the bad guy?” Rios can be heard saying on the footage, among other comments.

The state lawmaker also threatened to call state Attorney General Drew Wrigley while sitting in the back of the police cruiser. CNN has reached out to the AG’s office for comment.

“Moving forward after this night I feel like I have to emphasize my complete and total commitment to supporting Law Enforcement,” Rios said in his statement. “I messed up big time and I am truly sorry.”

Rios’ next court date is set for January 4, according to the police report. Information about Rios’ case is not listed in the North Dakota Courts online database and CNN did not receive a response to our inquiry about the status of his case over the weekend.

CNN reached out to the North Dakota Republican Party for comment Sunday but did not receive a response.

CNN’s Raja Razek contributed to this report.

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