Politicians and celebrities from across the United States have weighed in on the video. 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. The officers pulled over Nazario on the evening of Dec. 5, 2020. 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. Nazario also expressed worry that his dog was choking from its kennel in the back of the SUV. 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. 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. Copyright 2021 Scripps Media, Inc. All rights reserved. It can occur as a result of living through combat, rape, a natural disaster, historical trauma, domestic violence or bullying. The federal case began Monday in Richmond, with testimony [] 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. The statement also called the data cited in the attorney generals investigation questionable.It said that the towns seven-person police force includes minority representation. Anyone can read what you share. The Town of Windsor announced Sunday night that Gutierrez had been terminated from the police force following an internal investigation. The other officer named in the lawsuit, Daniel Crocker, was also on the scene. 2. 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. 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 jury also determined that Officer Daniel Crocker must pay $1,000 in punitive damages for an illegal search of his vehicle, court documents show. 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. Let's talk about the Meteorological Winter that wasn't. The community they serve is nearly 30 square miles with a population of 28,500 citizens. Jurors will resume deliberation on the $1 million lawsuit filed by Army Lt. Caron Nazario, who is suing two Windsor police officers for a controversial December 2020 traffic stop, on Tuesday. 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. Nazarios sessions with Sellman over a year have cost him a cumulative $16,000. "I'm honestly afraid to get out," Nazario said during the traffic stop. Thats when he activated the video camera on his cellphone to record the encounter. Updated In addition, the number of traffic stops and citations reported to the town council was lower than the number reported to the state for tracking and reporting purposes. 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. They took half a day on Friday, they took the better part of the day today, Richard Matthews, an attorney who represented Crocker, told WTVR. 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. Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. They'll resume Jan. 17. 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. By submitting your email to receive this newsletter, you agree to our. Jane Harper, 757-222-5097, jane.harper@pilotonline.com. Im honestly afraid to get out of the car, he said, as he stayed in his seat. I was shocked and immediately concerned for my safety, Nazario testified. While they are glad Gutierrez was ultimately let go because of his actions in the incident, Arthur stated they must take this further. 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. 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. A Warner Bros. Gutierrez was ordered to pay $2,685 in damages, no malice, under liability for assault. The federal case began Monday in Richmond, with testimony [] 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. 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. Murdoch made the admission during a deposition in a $1.6bn lawsuit brought by a voting . 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. Warning: this is hard to watch. This material may not be published, broadcast, rewritten, or redistributed. He was defeated in November by Jason Miyares, a Republican from Virginia Beach. In this image made from Windsor, Va., Police video, a police officer speaks with Caron Nazario during a traffic stop, Dec. 20, 2020, in Windsor, Va. Read the lawsuit Army Lt. Caron Nazario filed against Windsor Police. 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. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), Southampton County land transfers January 2023, Resolution celebrating Black History Month adopted, Southampton County farmer receives 15-year service award, Broncos fall in 1B final, but earn state berth. Nazario said he did, and Crocker went into the vehicle to retrieve the gun, which Arthur, the attorney, contends was an illegal search. 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!. The attorney generals lawsuit seeks several remedies, including a court order barring Windsor Police Department from engaging in discriminatory law enforcement activities, court-ordered policy changes in the department and selecting a third party to monitor it at its own expense to ensure compliance with the Virginia Human Rights Act, Virginia Public Integrity and Law Enforcement Misconduct Act, and the U.S. Constitution. 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. PTSD symptoms, according to the American Psychiatric Association, include nightmares or flashbacks, feeling detached or estranged. Roberts said there is a chance the town of Windsor and Windsor Police Chief Rodney Riddle could be added as defendants in the case. "Yeah, you should be," Gutierrez replied. Gutierrez then said that he had spoken with the chief of police because Nazario had asked for a supervisor. "Citizens will not rest assured that scenes like this are not repeated with impunity. 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. He was cleared of all other charges. The Windsor Police Department is comprised of approximately 65 employees; 52 sworn officers and 10 civilians and dispatchers. 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. The Town of Windsor announced Sunday night that Gutierrez had been terminated from the police force following an internal investigation. Thank you for a job well done, well-reasoned. "Threatening to arrest an individual with the aim of suppressing speech is a constitutional tort regardless of whether the threat is carried out," US District Judge Roderick C. Young wrote in his opinion. "Williamson was found beaten to death in the . Monday night, News 3 learned Crocker has joined Gutierrez asking a judge to dismiss the complaint regarding the claim for First Amendment violation. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American descent, was in uniform driving his new Chevrolet Tahoe SUV west on U.S. Route 460 . Gutierrez responded to the scene when Crocker reported a felony traffic stop to dispatchers. A spokesman for the town, Joel Rubin, said the attorney generals numbers were questionable because they did not take into account many people passing through the town, which is along a highway, Route 460. https://twitter.com/qasimrashid/status/1380703485289754630?s=21. The PM has been deeply involved in hammering out new terms . 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. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. They knew they were in the wrong and they threatened to ruin the mans career if he called them out on it, Arthur said. Crocker had pulled Nazario over for allegedly lacking a rear license plate. 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 . News 3 reached out to Gutierrezs attorneys and did not hear back. Additionally, the law enforcement community has considered seriously the failure of officers like Daniel Crocker to promptly intervene to end an unjust police-civilian encounter as it unfolds. He was cleared of all other charges. Holiday Closures Announced for Town of Windsor Facilities. Officer Joe Gutierrez of the Windsor Police Department and Lieutenant Caron Nazario, right, leaving his vehicle after being pepper sprayed by the police at a gas station during a traffic stop in Windsor, Va., last year. A portion of the body camera video recorded during the stop captures Gutierrez speaking to Nazario after tensions calmed and he was waiting for the effects of the pepper spray to wear off. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. Your effort and contribution in providing this feedback is much * Traffic Enforcement. Virginias attorney general, Mark Herring, are assisting Somali soldiers fighting Al Shabab, and by a health care system that utterly failed him, The case has irritated U.S. relations with a crucial military ally, one of nearly 100 Virginia communities to receive federal grants encouraging tickets. This material may not be published, broadcast, rewritten, or redistributed. Trial begins for Virginia police officers being sued by Army officer over traffic stop. Senator Tim Kaine have all released statements condemning the actions of the two officers and called for a criminal investigation into the incident. Windsor got $15,750 to target speeders. 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. 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 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. A US Army officer who was pepper sprayed, pushed to the ground and handcuffed by Windsor, Virginia, police officers during a 2020 traffic stop was awarded around $3,600 Tuesday in a lawsuit. 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. Arthur said the lawsuit was filed in federal court because it alleges Nazario's constitutional rights were violated. Virginia Sues Town of Windsor, Accusing It of Discriminatory Policing, https://www.nytimes.com/2021/12/31/us/caron-nazario-windsor-virginia-police.html. In its response, filed in Isle of Wight County Circuit Court, the town said the Black population percentages stated in the lawsuit were incorrect, but didnt provide corrected numbers. 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. Give Light and the People Will Find Their Own Way. He told jurors hed been diagnosed with anxiety and post-traumatic stress disorder, or PTSD. Virginia attorney general sues town over police treatment of Black people after Caron Nazario investigation. All Rights Reserved. In August, a federal judge already ruled that Crocker is liable for an illegal search, violating the 4th amendment when he searched Nazario's car. Its about the domination and humiliation of a Black man because he asked questions and didnt comply. pic.twitter.com/RFE79TjWJ8. pepper sprayed, pushed to the ground and handcuffed. Nazario, now 29, was a 2nd lieutenant at the time of the traffic stop but has since been promoted to 1st lieutenant. CNN Sans & 2016 Cable News Network. He also accused the officers of threatening to destroy his military career by charging him with multiple crimes if he raised concerns about their conduct, according to the complaint. In April, an officer involved in the stop, Joe Gutierrez, was fired from the police department. appreciated. As officers began to speak with him about the traffic stop, they asked if he had any weapons in his vehicle. This was the first time the state of Virginia has sued a law enforcement agency under a new law that gives the attorney general the right to do so in cases involving civil rights violations. Two Windsor police officers are facing a civil lawsuit that alleges they acted aggressively towards a minority, uniformed Army officer during a traffic stop. Gutierrez said the chief confirmed Nazario didnt have to be charged with obstruction of justice and not having license plates displayed. Footage of the December 5, 2020, traffic stop which was captured by several cameras, including both officers body cameras and Nazarios phone shows Nazario, who was in uniform, having guns pointed at him, being pepper-sprayed four times, wrestled to the ground and handcuffed. Did you encounter any technical issues? "It is open season on citizens in Virginia and across the county," Roberts said in a statement. There was no need for Mr. 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. A judge appointed a special prosecutor after the Isle of Wight Commonwealths Attorney, Georgette Philips, recused herself. It will close again on Friday, Dec. 30 at noon and remain closed through Monday, Jan. 2, 2023. The town of Windsor said the Virginia Attorney Generals Office used flawed data to support a lawsuit accusing its police department of operating in a discriminatory way against Black motorists. What was his right? 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.. Caron Nazario is seen in this still image from body camera footage holding his hands up during the traffic stop in Windsor, Virginia. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. 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 lawsuit was filed Friday. 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. Whether you want to DIY it or go with a craft kit, theres something for everyone this St. Patricks Day. Related: Hampton Commonwealth's Attorney appointed special prosecutor in Windsor Army Lt. traffic stop case. The Virginia National Guard has behavioral health specialists and chaplain support available to any service member impacted by this event, and unit leaders are available to have an open dialogue with their Soldiers if they have concerns. 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. * 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. Awarded by the state authorities, the annual grants ranged last year from $900 to the village of Exmore for catching seatbelt violations, to $1 million to Fairfax County for drunken-driving enforcement. In body camera footage from Crocker, Nazario said nobody would choose charges. 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. Kevin Hart is returning to The Colosseum stage on Sunday, May 21 at 8 p.m. with his "Reality . 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. 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.. Were very concerned about what weve seen, said Valarie Butler, president of the Isle of Wight chapter of the NAACP. (Windsor Police via AP). 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. 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. Young ruled in August that Crockers removal of a firearm from Nazarios car to check its serial number constituted an illegal search. Copyright 2023 Nexstar Media Inc. All rights reserved. It would . 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. He also asked what was going on. 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. That number was much higher than expected based on the number of Black residents in the town, the office said. There was also no way for him to know Nazarios race, that he was in the Virginia National Guard, or why Nazario was not stopping., Richard Matthews, co-counsel to Lahren for Crocker, stated in his opening remarks that Nazario didnt suffer so much as a bruise from his encounter with Gutierrez and Crocker, and characterized the officers reactions as totally reasonable.. Sessions with Utsey have cost a cumulative $7,000, Nazario testified. 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. He also said they violated the First Amendment by threating Nazarios career if he complained. Lt. Caron Nazario, of Latinx and African American descent, alleges that his constitutional rights were violated and race played a role. 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. 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 December 2020 traffic stop. Copyright 2023 Scripps Media, Inc. All rights reserved. Gutierrez is represented by Jessica Swauger and Coreen Silverman of the Glen Allen firm Hancock, Daniel & Johnson. 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. 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. 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. They took a lot of time with this decision. Herring to file this lawsuit, except perhaps for the sake of headlines, which he will surely receive, the statement said. At that time, when he was safe to drive, he would be free to go, Gutierrez said. Discovery Company. The Windsor Police Department is dedicated in their continuing efforts to work with and within the community, striving for a safe . Now that clearly would be a violation of Lt. Nazarios constitutional rights.". One of the officers wrote in the police report that Nazario eluded police because he didn't stop right away. 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. 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. A lawyer for Lieutenant Nazario could not immediately be reached for comment. The jury found Gutierrez guilty of assault and must pay him $2,685 in damages, no malice. As a subscriber, you have 10 gift articles to give each month. This has got to stop, said Jonathan Arthur, Nazarios Richmond-based attorney who believes his client is a victim of police brutality. * Security for Special Events. Gutierrez was fired by the Windsor Police Department in 2021 for not following department policy during the incident. In making these erroneous and conclusory allegations Plaintiff has attempted to put blinders on this court and by stating conclusions that are totally untrue, Conrad wrote in the court filing. The Associated Press contributed to this report. Body camera footage showed Gutierrez pepper spray Nazario when he would not get out of the car. By the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker. 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. Jury deliberations are underway in Army Lt. Caron Nazario's $1 million lawsuit against Windsor Police Officer Daniel Crocker and ex-officer Joe Gutierrez, the trial for which is taking place at the Spottswood W. Robinson III and Robert R. Merhige Jr. Federal Courthouse in Richmond. This material may not be published, broadcast, rewritten, or redistributed. 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.". Once standing outside of the car, Gutierrez exercised knee-strikes and Crocker helped to eventually force Nazario to the ground and handcuff him. 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. Could new DNA tech crack the JonBenet Ramsey case? Notifications can be turned off anytime in the browser settings. Watch it anyway. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. 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. 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. He took the stand wearing his Army dress blues and told jurors he once considered becoming a police officer himself before joining the military, noting his grandmother, sister and aunt all pursued law enforcement careers. Gutierrez was fired in 2021 following an investigation into the use of force during the incident and Crocker remains on the force. Gutierrez yelled at Nazario that he was fixin to ride the lightning, which the complaint states is an expression for execution. Herrings office filed its lawsuit in late December, just two weeks before the two-term Democrat left office. Updated: 4:19 PM EST February 11, 2022. Virginias attorney general, Mark Herring, said in a statement that while our investigation was spurred by the egregious treatment against Lieutenant Nazario that we all saw in bodycam footage, we discovered that this incident was indicative of much larger problems within the department.. 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