Crocker had pulled Nazario over for allegedly lacking a rear license plate. Nazario, who is of Black and Latino descent, accuses the two white officers [] Nazarios attorney, Thomas Roberts, called today's hearing the first step in a long legal process. Get your eyes back you and Smoke [Nazarios dog] can get on down the road.. It was [Nazarios] right to protest, his right to push this thing further, to carry it further, to make a grievance, to continue his protest and [Gutierrez] made it clear that if [Nazario] was willing to just let it go, then Gutierrez was not going to push forward and charge him with these bogus crimes, said Roberts. Valerie Cofer Butler, the president of the N.A.A.C.P. ONGOING COVERAGE: Lt. Caron Nazario traffic stop in Windsor, Officer terminated following traffic stop involving U.S. Army Lieutenant, As Bowie archive finds new home at UK museum, start, 5 fun crafts for kids on St. Patricks Day, Inspired by the Iditarod race? [Gutierrez] acknowledged it was [Nazarios] right. Im honestly afraid to get out of the car, he said, as he stayed in his seat. A lawsuit filed April 2 in Norfolk's federal court claims two Windsor police officers assaulted and threatened a person of color during a traffic stop. The town of Windsor said the Virginia Attorney General's Office used flawed data to support a lawsuit accusing its police department of operating in a discriminatory way against Black. * K9 Unit. After what I have seen on the body camera footage, its kind of hard to justify them serving and protecting anything, Arthur said. The traffic stop happened on December 5, 2020, when former police officer Joe Gutierrez pepper-sprayed Lt. Caron Nazario, whose hands were up out of his car window. Updated Prince Harry's decision to sue the British government over the removal of his police security could give him a legal bill in excess of $360,000 if he loses, a Freedom of Information Act request shows. Gutierrez then said that he had spoken with the chief of police because Nazario had asked for a supervisor. TRENDING: Authorities respond to crash involving semi, bus in Suffolk; No one hurt. Virginias attorney general filed a lawsuit on Thursday against the town of Windsor, seeking changes in policing and saying that his offices monthslong investigation uncovered evidence of discriminatory, unconstitutional policing. It would . According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . Get the Android Weather app from Google Play, Virginias superintendent of public instruction resigns, VBDPH to host free COVID-19 vaccination clinic Mar. The incident happened on December 5, 2020, when former police officer Joe Gutierrez pepper-sprayed Nazario, whose hands were up out of his vehicle window. He still works with Windsor Police. Windsor police issue crime alert in area on city's east end . Windsor police also disproportionately searched more vehicles driven by Black drivers, even though Black people do not make up the majority of the towns or the states population, the lawsuit claimed. After the footage of Lieutenant Nazarios stop was released last year, Windsor leaders moved to pursue ways to slow traffic while reducing police and citizen contacts, including electronic signs and rumble strips. Caron Nazario was never arrested. Holiday Closures Announced for Town of Windsor Facilities. Gutierrez was ordered to pay $2,685 in damages, no malice, under liability for assault. This has got to stop, said Jonathan Arthur, Nazarios Richmond-based attorney who believes his client is a victim of police brutality. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. Instead, he saw Gutierrez and Crocker, both with their guns out. Arthur said Nazarios Fourth Amendment rights were violated when officers exercised and unreasonable use of force and temporarily seized Nazarios gun. Prosecutor begins review of case of pepper-sprayed soldier in Windsor, Black drivers more likely to be pulled over in Virginia, new state data shows, Court Documents: Motion to dismiss Army lieutenant's lawsuit filed by former Windsor police officer. If you need to file a police report, call dispatch at 707-565-2121. WINDSOR, Va. A U.S. Army lieutenant who was pepper sprayed, struck, and handcuffed by police in rural Virginia, but never arrested, is arguing to a jury . He told jurors hed been diagnosed with anxiety and post-traumatic stress disorder, or PTSD. The first day of Army Lt. Caron Nazario's $1 million lawsuit against Windsor Police Officer Daniel Crocker and ex-officer Joe Gutierrez saw Nazario himself testify. Every story has two sides, she noted, stating traffic stops are high risk. She also noted Nazarios New York plate had expired two months prior to the incident. The incident took place on Dec. 5, 2020, when Nazario was pulled over by officers Gutierrez and Crocker who claim Nazario did not have a rear license plate showing on his Chevrolet Tahoe. ISLE OF WIGHT COUNTY, Va. It has been nearly two years ago, to the day, a duo of Windsor police officers pulled over Army 2nd Lt. Caron Nazario for a missing rear license plate. The Windsor Police Department will close Friday, Dec. 23 at noon and will remain closed through Monday, Dec. 26, in observance of the Christmas holiday. Monday night, News 3 learned Crocker has joined Gutierrez asking a judge to dismiss the complaint regarding the claim for First Amendment violation. There are currently 12 open civil lawsuits against the Windsor Police Service totalling more than $46 million and those involve allegations such as collusion, malicious prosecution, assault. WINDSOR, Va. The former Windsor Police officer fired after pepper-spraying a U.S. Army lieutenant during a traffic stop is asking for a judge to dismiss part of the $1 million lawsuit against him. The lawsuit also ignores warnings posted on the Virginia Community Policing Act Data Collection website about how the presence of a major thoroughfare in an area can skew data collection, the response said. "It is open season on citizens in Virginia and across the county," Roberts said in a statement. He was ordered to pay $1,000 in punitive damages and the jury did not find him guilty of false imprisonment, assault, or battery. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. (AP). Last year, Special Prosecutor and Commonwealths Attorney Anton Bell determined no charges should be filed against the officers in state court but formally referred the case to the US Attorneys Office for a federal civil rights investigation. One of the officers wrote in the police report that Nazario eluded police because he didn't stop right away. The lawsuit by 2nd Lt. Caron Nazario, who is Black and Latino, is seeking $1 million in compensatory damages, claiming two Windsor, Virginia, police officers violated his rights guaranteed under . EMS arrived soon after to administer aid to Nazario. Nazario, who is currently stationed at Fort Lee, Virginia, was traveling with his dog in his newly-purchased 2020 Chevrolet Tahoe West on U.S. 460 in the Town of Windsor when Officer Daniel Crocker initiated a traffic stop. An attorney for Crocker commended the jurys decision Tuesday. The lawsuit, which was filed in Norfolk Federal Court April 2, said the incident occurred around 6:30 p.m. Dec. 5. The body cam footage shows that after pulling into the parking lot of a gas station off of Route U.S. 460 in Isle of Wight County, the officers pointed their guns at Nazario, ordered him out of his vehicle and threatened to shoot if he did not comply. Gutierrez responded to the scene when Crocker reported a felony traffic stop to dispatchers. About 2,600 people live in Windsor, a town roughly 70 miles southeast of Richmond. Did you encounter any technical issues? Gutierrez yelled at Nazario that he was fixin to ride the lightning, which the complaint states is an expression for execution. "The most important thing about today is we have a green light to begin the intense discovery that we plan to do," he said. Whether you want to DIY it or go with a craft kit, theres something for everyone this St. Patricks Day. Gutierrez said the chief confirmed Nazario didnt have to be charged with obstruction of justice and not having license plates displayed. As officers continued their orders and moved closer to the drivers side window of Nazarios vehicle, Nazario asked several times why he was being pulled over. They knew they were in the wrong and they threatened to ruin the mans career if he called them out on it, Arthur said. The lawsuit was filed in April after an internal investigation was completed, with the public raising major concerns about the incident. NORFOLK, Va. The five-day trial in Army Lt. Caron Nazario's lawsuit against two Windsor police officers captured on camera pepper-spraying and threatening him during a traffic stopwill start March 28. The Isle of Wight branch and the Virginia NAACP plans to hold a press conference at 6 p.m. Monday to address the incident. Senator Tim Kaine have all released statements condemning the actions of the two officers and called for a criminal investigation into the incident. Updated: 4:19 PM EST February 11, 2022. We do think that there are appealable issues in this case, and we will take it up with the appropriate forum, Nazarios lawyer Jonathan Arthur told CNN affiliate WTVR outside the courthouse Tuesday. It's the latest development in a case prompted by a traffic stop involving Nazario and Windsor Officers Gutierrez and Daniel Crocker. The Windsor police also ended grant-funded patrols, saying it was in the best interest of our agency and our community.. Let's talk about the Meteorological Winter that wasn't. Were very concerned about what weve seen, said Valarie Butler, president of the Isle of Wight chapter of the NAACP. Lt. Nazarios unit has been aware of the incident since it occurred in early December, and they have remained in close contact with him and made sure he had any support needed from the Virginia National Guard. The investigation revealed huge disparities in enforcement against African American drivers, and a troubling lack of policies and procedures to prevent discriminatory or unconstitutional policing, the statement said. This material may not be published, broadcast, rewritten, or redistributed. The Windsor Police Service and the Windsor Police Services Board announced they are doubling the reward for information that leads to the arrest of the those responsible for the killings of Debilleanne Williamson and four-year-old Brandon Rucker. Prior to Nazarios testimony, his lawyers and those representing Crocker and Gutierrez each made opening statements summarizing the evidence they planned to present throughout the week. Discovery Company. Nazario was ultimately let go without charges. This material may not be published, broadcast, rewritten, or redistributed. Nazario filed a lawsuit in April against Windsor Police Officer Daniel Crocker and former officer Gutierrez, saying his First Amendment and Fourth Amendment rights were violated during the. The community they serve is nearly 30 square miles with a population of 28,500 citizens. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. This material may not be published, broadcast, rewritten, or redistributed. Nazario then testified he wasnt particularly familiar with the town of Windsor and didnt see Farmers Bank or any other well-lit places to stop until reaching the BP on the opposite side of the highway. RICHMOND, Va. (WRIC) The law firm representing Virginia National Guard Lt. Caron Nazario, shown in a viral video having guns drawn on him and being pepper-sprayed by officers from the Windsor, Virginia, Police Department, released a statement on Monday thanking those whove shown support of a civil rights lawsuit filed against the two policemen in Norfolk federal court. The Virginian-Pilot was the first to report on the lawsuit and release the body camera footage, which quickly went viral. Politicians and celebrities from across the United States have weighed in on the video. For Crocker, the jury found him only liable/guilty on an illegal search, no malice. Read the lawsuit Army Lt. Caron Nazario filed against Windsor Police. CNN Sans & 2016 Cable News Network. Start your morning in-the-know with the day's top stories. In body camera footage from Crocker, Nazario said nobody would choose charges. Crocker has retained Anne Lahren of the Virginia Beach-based firm Pender & Coward. Video footage of the incident, which went viral in April 2021 and led to Gutierrezs firing, culminates with Gutierrez repeatedly pepper-spraying Nazario and using knee strikes to force the lieutenant out of the car and onto the ground. Sessions with Utsey have cost a cumulative $7,000, Nazario testified. Lieutenant Nazario is gratified by the outpouring of support this weekend for the civil rights lawsuit he filed last week, says a statement from Thomas H. Roberts & Associates, P.C. The town also claims the lawsuit erroneously assumes that only residents of Windsor and Isle of Wight county travel through the area, and ignores the fact that the main road in town Route 460 is a major thoroughfare. CNNs Jennifer Feldman, Natasha Chen, Jamiel Lynch, Dakin Andone and Chris Boyette contributed to this report. The Virginia National Guard Public Affairs Office also provided a statement on Monday: The Virginia National Guard is very concerned about the safety, health and welfare of all our personnel, but we do not comment about ongoing litigation and will allow this matter to work through the legal system. It also seeks a court order barring the Windsor police from engaging in discriminatory activities and a court-ordered period of independent monitoring of the department, at its own expense, with a civil penalty of $50,000 for each proven violation of the Virginia Human Rights Act. He was cleared of all other charges. The jury found Gutierrez guilty of assault and must pay him $2,685 in damages, no malice. RICHMOND, Va. (AP) A Virginia town has announced that one of two police officers accused of pepper-spraying and pointing . "Citizens will not rest assured that scenes like this are not repeated with impunity. Nazarios sessions with Sellman over a year have cost him a cumulative $16,000. The incident was captured by the officers body cameras and the footage became the basis of a lawsuit filed by Nazario against the officers last year. Published 5:58 pm Friday, January 13, 2023. A civil case against two Windsor police officers accused of using excessive force when they stopped a vehicle driven by a Black Army officer two years ago is set . In this image made from Windsor, (Va.) Police video, A police officer uses a spray agent on Caron Nazario on Dec. 20, 2020, in Windsor, Va. Nazario, a second lieutenant in the U.S. Army, is suing two Virginia police officers over a traffic stop during which he says the officers drew their guns and pointed them at him as he was dressed in uniform. If you want to fight and argue well charge you, Gutierrez had said, noting that charges would entail informing Nazarios military command, or Nazario could avoid being charged if he would chill and let this go.. The officer then pepper-sprayed Nazario, exercised knee-strikes to his legs and placed him handcuffs. In April, an officer involved in the stop, Joe Gutierrez, was fired from the police department. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. Per court documents posted on Nazario's lawyer's website, Crocker also "moves to stay proceedings on the Complaint filed by Plaintiff Caron Nazario (Nazario) until the completion of on going state and federal investigations, or in the alternative, for a period of ninety days.". Black residents account for between 9% to 22% of Windsors population, and about 22% of Isle of Wight Countys population, according to the lawsuit. appreciated. The federal case began Monday in Richmond, with testimony [] RICHMOND, Va. (WRIC) A federal jury reached a verdict in a case against two Windsor police officers accused of conducting a violent traffic stop involving Virginia Army National Guard. Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. They'll resume Jan. 17. When he stopped, a Windsor police officer ordered Lieutenant Nazario, then 27, to get out of his car. While they are glad Gutierrez was ultimately let go. If you dont say anything, we wont say anything, implying that, If you do, were going to charge you with something.' Windsor is one of nearly 100 Virginia communities to receive federal grants encouraging tickets. Second Lt. Caron Nazario, who is Black and Latino, filed the suit in 2021 claiming that the two police officers violated his rights guaranteed under the First and Fourth Amendments during the traffic stop. "I'm honestly afraid to get out," Nazario said during the traffic stop. The lawsuit was filed Friday. Initially Nazario, who is Black and Latino and was wearing his service uniform, turned on his cell phone camera to record the incident. WINDSOR, Va. - After five days of jury deliberation, a verdict has been reached on Tuesday in the $1.5 million lawsuit filed by Army Lt. Caron Nazario, who is suing two Windsor police. RICHMOND The first day of Army Lt. Caron Nazarios $1 million lawsuit against Windsor Police Officer Daniel Crocker and ex-officer Joe Gutierrez saw Nazario himself testify. Requests for comment from the Town of Windsor police chief and town manager were not immediately returned Friday. The jury in Virginia National Guard 1st Lt. Caron Nazario's lawsuit against Windsor Police Officer Daniel Crocker and ex-officer Joe Gutierrez has adjourned for the weekend without reaching a verdict. Arthur said this was threating retaliation if Nazario complained about the incident. In body camera footage, Gutierrez told Nazario that if he had just complied he would have been gone by now.. The other officer named in the lawsuit, Daniel Crocker, was also on the scene. Arthur then highlighted a small white rectangle visible in the body camera footage of both officers. Gutierrez was then fired. An Army lieutenant who sought $1 million in damages, but was awarded $3,685, in an excessive force lawsuit against two Windsor police officers has filed a motion seeking a new trial, with his. The officers ultimately released Nazario and no charges were filed against him. This material may not be published, broadcast, rewritten, or redistributed. Body camera footage shows 2nd Lt. Caron Nazario had his hands held in the air outside the drivers side window as he told the armed officers, Im honestly afraid to get out. One of the officers told Nazario, Yeah, you should be!. As a subscriber, you have 10 gift articles to give each month. The stop happened on a night in December after one of the two officers said Nazarios SUV had tinted windows and didnt have a rear license plate. RICHMOND, Va. (WRIC) On Monday, January 9, the federal trial began for a U.S. Army lieutenant who was pepper sprayed after being pulled over in Windsor in 2020. Copyright 2023 Scripps Media, Inc. All rights reserved. Nazario is a 2nd Lieutenant serving as a 70B Army Health Services Administration Officer in the Virginia National Guards Norfolk-based 1st Battalion, 111th Field Artillery Regiment, 116th Infantry Brigade Combat Team. The jury in Virginia National Guard 1st Lt. Caron Nazario's lawsuit against Windsor Police Officer Daniel Crocker and ex-officer Joe Gutierrez has adjourned for the weekend without reaching a verdict. FORECAST: No roaring lion this year to start March, Town of Windsor asks court to dismiss lawsuit for 'pattern of discriminatory policing', Trial date set for Army lieutenant's lawsuit against Windsor police officers, Black drivers more likely to be pulled over in Virginia, new state data shows. Roberts said there is a chance the town of Windsor and Windsor Police Chief Rodney Riddle could be added as defendants in the case. The lawsuit said after Crocker turned on his cruisers blue lights, Nazario traveled less than a mile and slowed down until he pulled into a BP gas station. Nevada woman caught with handgun inside carry-on bag at Norfolk Int'l Airport, TSA says, Support those in foster care with first annual 'Wish Upon a Star' Gala. The attorney generals investigation found that Black drivers accounted for about 42 percent of the departments traffic stops from July 2020 through September 2021. As officers began to speak with him about the traffic stop, they asked if he had any weapons in his vehicle. Police said they pulled him over for not having a visible rear license plate, but in the footage, a temporary license plate can be seen in the rear window of Nazario's then-new SUV. Now, Nazario is asking for at least $1 million in damages and for the court to rule that the two officers violated his rights, including rights under the Fourth Amendment. The police actions were taken after Nazario told the officers he was afraid to step out of his vehicle because he feared they might harm him. If the Iditarod race inspired you, weve compiled a list of the best gear to keep your dog safe and happy throughout winter, as well as year-round. Murdoch made the admission during a deposition in a $1.6bn lawsuit brought by a voting . The motion calls for a new trial on all claims except for the liability of assault against Gutierrez and the liability of the search against Crocker, the other officer involved in the 2020 incident. Nazario also expressed worry that his dog was choking from its kennel in the back of the SUV. Biden announces aggressive new, Newsfeed Now: Biden to launch new plan against COVID-19, Newsfeed Now: Health experts concerned about COVID-19, Newsfeed Now: Pres. Crockers legal team then cross examined Nazario on why he didnt stop at any closer businesses along Route 460, to which Nazario replied, Nothing stood out to me before arriving at the BP. (Photo by Oliver Contreras/SIPA USA)(Sipa via AP Images). In court, lawyers for the officers argued Nazario continued driving for 1.1 miles after Crocker initiated his lights and sirens and did not pull over at a number of potential locations, WTVR reported. Lieutenant Nazario, of the U.S. Army Medical Corps, was driving to Petersburg, Va., last year when he saw police lights flashing behind him. Video of police stop involving Lt. Caron Nazario. A lawyer for Lieutenant Nazario could not immediately be reached for comment. Nazarios lawsuit said the vehicle was new and he didnt have permanent plates yet, but he had cardboard temporary plates taped to the inside of the rear window. Caron Nazario says his constitutional rights were violated by the traffic stop in the town of Windsor in December. The Town of Windsor announced Sunday night that Gutierrez had been terminated from the police force following an internal investigation. Updated: 1:44 PM EST January 9, 2023. Williamson and Rucker, her son, were found dead on this day 20 years ago in their Tilston Drive house. If you have an emergency, dial 911. In body camera video, Crocker said he could not see a visible rear license plate on Nazarios SUV when he initiated the traffic stop. The suit comes after a monthslong investigation, which Attorney General Mark Herring said uncovered a pattern of discriminatory, unconstitutional policing.. Thats when he activated the video camera on his cellphone to record the encounter. A Black soldier in uniform who was pepper-sprayed in his car by Virginia police officers during a traffic stop has been awarded less than $4,000 in a million-dollar lawsuit against the two officers. Warning: this is hard to watch. "Williamson was found beaten to death in the . As such, the jury will be tasked only with awarding damages for the search, as well as deciding whether either officers actions constituted false imprisonment and assault and battery. Matthews contended in his opening that any damages stemming from the search were absolutely and totally minimal.. He also asked what was going on. PTSD symptoms, according to the American Psychiatric Association, include nightmares or flashbacks, feeling detached or estranged. The first day of Army Lt. Caron Nazario's $1 million lawsuit against Windsor Police Officer Daniel Crocker and ex-officer Joe Gutierrez saw Nazario himself testify. FORECAST: No roaring lion this year to start March, captured on camera pepper-spraying and threatening him during a traffic stop. He was cleared of all false imprisonment, illegal search, and battery charges. Trial begins for Virginia police officers being sued by Army officer over traffic stop. All Rights Reserved. Police said that an urgent search was now underway for Constance Marten and Mark Gordon's child. At one moment, Gutierrez said to Nazario, If you want to fight it and argue it and I dont mean that disrespectfully, okay you have that right as a citizen if thats what you want, well charge you, have you go to court, notify the [military] command, do all that, or we can take time out of our night, which is not a problem, were being paid to take care of you. * Security for Special Events. 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