1998 - 2023 Nexstar Media Inc. | All Rights Reserved. NORFOLK, Va. (WAVY/AP) A second lieutenant in the U.S. Army is suing two Town of Windsor police officers over a traffic stop during which the officers drew their guns, pointed them at him and. The lawsuit claims that Gutierrez said the charges could impact Nazarios career with the Army. All Rights Reserved. Instead, he saw Gutierrez and Crocker, both with their guns out. He was cleared of all other charges. 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. He was ordered to pay $1,000 in punitive damages and the jury did not find him guilty of false imprisonment, assault, or battery. 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. A lawyer for Lieutenant Nazario could not immediately be reached for comment. (Photo by Oliver Contreras/SIPA USA)(Sipa via AP Images). Nazario eventually got out of the vehicle after he was OC sprayed. He was ordered to pay $1,000 in damages. The federal case began Monday in Richmond, with testimony [] Updated: 1:44 PM EST January 9, 2023. 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. Isle of Wight Commonwealths Attorney, Georgette Philips, recused herself. 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. 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. 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. Example video title will go here for this video. Nazario had a temporary New York plate taped to the inside of his cars rear window, but Crocker said he didnt see it and accused the lieutenant of eluding police for having driven roughly a mile down Route 460 to a BP gas station before stopping. About 2,600 people live in Windsor, a town roughly 70 miles southeast of Richmond. Arthur used the opportunity to highlight an exchange between Nazario and Gutierrez, captured in the body camera footage, where Nazario says, Im honestly afraid to get out and Gutierrez responds, You should be. The officers, Arthur argued, could have de-escalated the situation, but they didnt., Arthur then highlighted another exchange between Nazario and Gutierrez recorded on the body camera footage, in which the ex-officer gives Nazario a choice. * Traffic Enforcement. 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. Nazario, who is of Black and Latino descent, accuses the two white officers [] The officers faced four counts: assault, battery, false imprisonment and illegal search. The lawsuit was filed in April after an internal investigation was completed, with the public raising major concerns about the incident. He was defeated in November by Jason Miyares, a Republican from Virginia Beach. It would . Nazario was not charged in the incident. If you need to file a police report, call dispatch at 707-565-2121. Gutierrez was fired in 2021 following an investigation into the use of force during the incident and Crocker remains on the force. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. Bell will look at all the evidence from the December traffic stop. Two Windsor police officers are facing a civil lawsuit that alleges they acted aggressively towards a minority, uniformed Army officer during a traffic stop. 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. He was cleared of all false imprisonment, illegal search, and battery charges. 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 stop will start March 28.. It sounds like the officers in Windsor were trying to make an agreement with Lt. Nazario. Windsor is one of nearly 100 Virginia communities to receive federal grants encouraging tickets. Copyright 2023 Nexstar Media Inc. All rights reserved. On Friday, the statement sent by Chief Riddle said that the police department practices nondiscriminatory policing and has taken additional steps since the incident to increase training and accountability. Trial begins for Virginia police officers being sued by Army officer over traffic stop. 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. Sonny Stallings is a criminal lawyer in Virginia Beach. Nazario uttered several expletives and said he cant breathe as Gutierrez demanded him to get out of his car. The officers faced four counts: assault, battery, false imprisonment and illegal search. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 8:51 PM EST, Fri January 20, 2023, Bodycam footage shows traffic stop of Army officer that led to lawsuit, VA Attorney General Attorney General Mark Herring speaks during a campaign event for Virginia gubernatorial candidate Terry McAuliffe at Lubber Run Park, Arlington, Virginia on Friday, July 23, 2021 in Washington, DC. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . 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. He still works with Windsor Police. The trial for an Army reservist's civil lawsuit against two Windsor police officers is underway in U.S. District Court in Richmond. He accused the officers of illegally searching his car, using excessive force and violating his rights under the First and Fourth Amendments. 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. Let's talk about the Meteorological Winter that wasn't. Caron Nazario says his constitutional rights were violated by the traffic stop in the town of Windsor in December. Herrings investigation of the towns traffic stops was conducted in response to a 2020 stop involving Army Lt. Caron Nazario, a Black and Latino man who had guns drawn on him and was pepper sprayed by two Windsor police officers. Silverman, who is herself Black and originally from Jamaica, contended in her opening remarks that Gutierrezs ride the lightning remark was a reference to someone about to get hit with a taser. CNNs Jennifer Feldman, Natasha Chen, Jamiel Lynch, Dakin Andone and Chris Boyette contributed to this report. (Windsor Police via AP). Speak to recruitment advertising specialist, Related coverage: Police videos like the Windsor one that went viral usually stay secret in Virginia. 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. Crocker initiated the traffic stop after seeing a dark SUV with dark tinted windows and no license plate, police reports show. The jury also determined that Officer Daniel Crocker must pay $1,000 in punitive damages for an illegal search of his vehicle, court documents show. In April, an officer involved in the stop, Joe Gutierrez, was fired from the police department. Notifications can be turned off anytime in the browser settings. Get the Android Weather app from Google Play, Virginias superintendent of public instruction resigns, VBDPH to host free COVID-19 vaccination clinic Mar. The lawsuit, filed by James Laughton . Holiday Closures Announced for Town of Windsor Facilities. One of the officers wrote in the police report that Nazario eluded police because he didn't stop right away. Roberts said there is a chance the town of Windsor and Windsor Police Chief Rodney Riddle could be added as defendants in the case. * K9 Unit. While the lawsuit does not and cannot ask for disciplinary action against the officers, Arthur said there needs to be accountability. 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. Williamson and Rucker, her son, were found dead on this day 20 years ago in their Tilston Drive house. Nazario also expressed worry that his dog was choking from its kennel in the back of the SUV. Gutierrez said the chief confirmed Nazario didnt have to be charged with obstruction of justice and not having license plates displayed. Both Crocker and Gutierrez proceeded to get out of their cars, draw their guns and yell for Nazario to get out of the car and put his hands out the window. Gutierrez was fired by the Windsor Police Department in 2021 for not following department policy during the incident. Requests for comment from the Town of Windsor police chief and town manager were not immediately returned Friday. Kevin Hart is returning to The Colosseum stage on Sunday, May 21 at 8 p.m. with his "Reality . We hope with this lawsuit the Town of Windsor will take this matter seriously and they will have no other choice but to sit down and have a results-driven conversation with the African American community, she said. Virginia attorney general sues town over police treatment of Black people after Caron Nazario investigation. 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 officers for a controversial December 2020 traffic stop. The complaint filed Friday alleges Lt. Caron Nazario fails to support his allegation that Joe Gutierrez's conduct discouraged or affected Nazario from engaging in an activity protected by the First Amendment. The jury awarded 2nd Lt. Caron Nazario a total of $3,685 in the lawsuit against Windsor, Virginia, police officers Joe Gutierrez and Daniel Crocker. In this image taken from Windsor Police video, a police officer uses a spray agent on Caron Nazario, an Army lieutenant who is Black and Latino, on Dec. 20, 2020. The PM has been deeply involved in hammering out new terms . 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. Officers Joe Gutierrez and Daniel Crocker stopped Nazario for a missing rear license plate in 2020. In April, Lieutenant Nazario filed a lawsuit in the U.S. District Court for the Eastern District of Virginia. Asked by Arthur why he told the officers Im not getting out, Nazario said he believed he would be stepping right into danger if he did so. Arthur, given the opportunity to redirect, showed a Sept. 28, 2020, memorandum from Nazarios Army command notifying him of a potential deployment to the Middle East in December 2021. He told jurors hed been diagnosed with anxiety and post-traumatic stress disorder, or PTSD. The Windsor Police Services board and two officers face a $600,000 defamation lawsuit from an Arby's restaurant franchise following an incident in June. 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. Crocker had pulled Nazario over for allegedly lacking a rear license plate. If you have an emergency, dial 911. 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 proceeded to pepper spray Lieutenant Nazario while he was in his car, as he pleaded for them to make sure his dog, Smoke, was not choking in the back of the car. The attorney general announced an investigation that month. 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 . A big piece of that is the body camera video. Arthur said the lawsuit was filed in federal court because it alleges Nazario's constitutional rights were violated. Warning: this is hard to watch. Nazarios attorney, Thomas Roberts, called today's hearing the first step in a long legal process. [Gutierrez] acknowledged it was [Nazarios] right. Police said that an urgent search was now underway for Constance Marten and Mark Gordon's child. WINDSOR, Va. A judge has rejected a former Windsor Police officer's request to drop First Amendment claims in a lawsuit stemming from a traffic stop that sparked national outrage. A 2019 Virginia Department of Transportation Study reported that Route 460 carries about 17,000 vehicles a day, or about 6.2 million each year, according to the towns response, which was written by Richmond attorney John Conrad. By submitting your email to receive this newsletter, you agree to our. Updated: 4:19 PM EST February 11, 2022. Black residents account for between 9% to 22% of Windsors population, and about 22% of Isle of Wight Countys population, according to the lawsuit. 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. On cross examination, Silverman went after Nazarios credibility, noting hed been recorded telling the officers he was preparing in December 2020 to deploy to either Kuwait or Afghanistan. The body camera footage records Nazario repeatedly asking, Whats going on? Gutierrez at one point answers by telling Nazario he was fixin to ride the lightning, a phrase Nazarios lawsuit contends is a colloquial reference to an execution. WINDSOR, Va. A judge has rejected a former Windsor Police officer's request to drop First Amendment claims in a lawsuit stemming from a traffic stop . Discovery Company. 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. "Citizens will not rest assured that scenes like this are not repeated with impunity. Get your eyes back you and Smoke [Nazarios dog] can get on down the road.. Nazario's lawyer, Tom Roberts, said it was a "sad day" and that the verdicts fail to send the message to other police officers that "this conduct is unacceptable.". 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. Virginia Sues Town of Windsor, Accusing It of Discriminatory Policing, https://www.nytimes.com/2021/12/31/us/caron-nazario-windsor-virginia-police.html. Once standing outside of the car, Gutierrez exercised knee-strikes and Crocker helped to eventually force Nazario to the ground and handcuff him. By the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker. A federal judge said the officer is seen in the bodycam video threatening to arrest Army Lt. Caron Nazario if he chose to argue with police. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. The jury awarded 2nd Lt. Caron Nazario a total of $3,685 in the lawsuit against Windsor, Virginia, police officers Joe Gutierrez and Daniel Crocker. Gutierrez whose employment with the department has since been terminated following an internal investigation and his partner, Daniel Crocker, are now the defendants in a lawsuit arguing that. The officers pulled over Nazario on the evening of Dec. 5, 2020. "It is open season on citizens in Virginia and across the county," Roberts said in a statement. Crocker has retained Anne Lahren of the Virginia Beach-based firm Pender & Coward. Nazario said he did, and Crocker went into the vehicle to retrieve the gun, which Arthur, the attorney, contends was an illegal search. Its about the domination and humiliation of a Black man because he asked questions and didnt comply. pic.twitter.com/RFE79TjWJ8. 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. 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. Plate in 2020 Republican from Virginia Beach several expletives and said he cant breathe as Gutierrez him. Defendants in the U.S. District Court for the Eastern District of Virginia to receive federal encouraging. 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