The lawsuit and videos have also now caught the attention of local civil rights groups. 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. Caron Nazario is seen in this still image from body camera footage holding his hands up during the traffic stop in Windsor, Virginia. Gutierrez then said that he had spoken with the chief of police because Nazario had asked for a supervisor. The lawsuit claimed that 14 months of traffic stop data collected by the Attorney Generals office showed that Black drivers accounted for about 42% of the Windsor Police departments stops about 200% to 500% more than would be expected based on the number of Black residents who live in the town and surrounding county. Gutierrez was fired in 2021 following an investigation into the use of force during the incident and Crocker remains on the force. Ex-Windsor Police Officer Joe Gutierrez asked the court to dismiss Army Lt. Caron Nazario's First Amendment claims because Nazario was not actually arrested, but a federal judge rejected that request, saying Gutierrez is seen in the bodycam video threatening to arrest Nazario if he chose to argue. Whether you want to DIY it or go with a craft kit, theres something for everyone this St. Patricks Day. Chief Rodney Daniel Riddle of the Windsor Police emailed a statement from the town and the police department that said the decision to file a lawsuit against Windsor was clearly political.. * Conduct Investigations. 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. Virginia Sues Town of Windsor, Accusing It of Discriminatory Policing, https://www.nytimes.com/2021/12/31/us/caron-nazario-windsor-virginia-police.html. For Crocker, the jury found him only liable/guilty on an illegal search, no malice. "We will be issuing subpoenas and written questions that have to be answered under oath by the defendants and we will ask for documents that they need to produce.". 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. Could new DNA tech crack the JonBenet Ramsey case? Windsor police officers for a controversial December 2020 traffic stop. It's the latest development in a case prompted by a traffic stop involving Nazario and Windsor Officers Gutierrez and Daniel Crocker. 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. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. * Traffic Enforcement. Were very concerned about what weve seen, said Valarie Butler, president of the Isle of Wight chapter of the NAACP. 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. Crocker, he noted, had been only six weeks out of the police academy at the time, and had been in field training under the supervision of Gutierrez. Nazario said he did, and Crocker went into the vehicle to retrieve the gun, which Arthur, the attorney, contends was an illegal search. A Warner Bros. 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. At that time, the officers decided to classify the traffic stop as high risk because, according to officer Crockers report on the stop, Nazario was eluding police and his SUVs window tint prevented officers from seeing inside. (AP). The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. Arthur said the lawsuit was filed in federal court because it alleges Nazario's constitutional rights were violated. 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.. 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. Valerie Cofer Butler, the president of the N.A.A.C.P. 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. Windsor Police, via Reuters By Jenny Gross Dec. 31, 2021 Virginia's attorney general filed a lawsuit on Thursday against the town of Windsor, seeking changes in policing and saying that his. On Tuesday, Nazario was awarded $2,685 in compensation for damages after a jury determined former Windsor police officer Joe Gutierrez assaulted the Army officer. Weve launched an investigation and youll definitely be hearing from us later.. 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. 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. A lawyer for Lieutenant Nazario could not immediately be reached for comment. In April, an officer involved in the stop, Joe Gutierrez, was fired from the police department. Copyright 2023 Nexstar Media Inc. All rights reserved. Nazario testified he turned the engine of his then-new 2020 Chevrolet Tahoe off upon Crocker shouting for him to do so, and rolled his window down, expecting to see an officer approach. He also asked what was going on. Updated: 4:19 PM EST February 11, 2022. Read the lawsuit Army Lt. Caron Nazario filed against Windsor Police. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . Crocker was liable for an illegal search, no malice. Get your eyes back you and Smoke [Nazarios dog] can get on down the road.. 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. The federal case began Monday in Richmond, with testimony [] Gutierrez yelled at Nazario that he was fixin to ride the lightning, which the complaint states is an expression for execution. In June, Virginia State Police handed its investigation over to Hamptons Commonwealths Attorney Anton Bell. Im honestly afraid to get out of the car, he said, as he stayed in his seat. 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 . Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. They'll resume Jan. 17. Authorities respond to crash involving semi, bus in Suffolk; No one hurt. Nazario later told the officers he wanted to stop in a well-lit area. 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. The Windsor Police Department is dedicated in their continuing efforts to work with and within the community, striving for a safe . 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. His attorney told 10 On Your Side he was scared and also confused by conflicting directions from the two officers. Nazarios lawyers point to a 2006 case where a Fourth Circuit Court of Appeals ruled that retaliatory action in the nature of speech that threatens, coerces or intimidates establishes a violation of an individual's First Amendment rights. Now that clearly would be a violation of Lt. Nazarios constitutional rights.". "I'm honestly afraid to get out," Nazario said during the traffic stop. 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 used a slang term to suggest he was facing execution. 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. * K9 Unit. Herrings office filed its lawsuit in late December, just two weeks before the two-term Democrat left office. Gutierrez responded to the scene when Crocker reported a felony traffic stop to dispatchers. Give Light and the People Will Find Their Own Way. Nazario was ultimately let go without charges. 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. Whether you want to DIY it or go with a craft kit, theres something for everyone this St. Patricks Day. Start your morning in-the-know with the day's top stories. This has got to stop, said Jonathan Arthur, Nazarios Richmond-based attorney who believes his client is a victim of police brutality. 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. This material may not be published, broadcast, rewritten, or redistributed. Windsor police issue crime alert in area on city's east end . 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. * School Resource Officer. Dont look away. FORECAST: No roaring lion this year to start March, captured on camera pepper-spraying and threatening him during a traffic stop. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . Sonny Stallings is a criminal lawyer in Virginia Beach. "Citizens will not rest assured that scenes like this are not repeated with impunity. 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. Download the free 8News and StormTracker 8 mobile apps! Windsor Police Chief Rodney "Dan" Riddle did not respond to a request for. The town filed a motion this week asking a judge to dismiss the lawsuit, which was filed by previous Attorney General Mark Herring in December. Nazario remained in the SUV with his two hands out the window. 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.. Tom Roberts, one of Nazarios lawyers, says this conversation is at the crux of the lawsuit. 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. Young ruled in August that Crockers removal of a firearm from Nazarios car to check its serial number constituted an illegal search. 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. #BlackLivesMatter pic.twitter.com/Qa27El356s, A U.S. Army officer filed a federal civil lawsuit against police officers who pepper-sprayed and assaulted him. Two Windsor police officers are facing a civil lawsuit that alleges they acted aggressively towards a minority, uniformed Army officer during a traffic stop. In body camera footage, Gutierrez told Nazario that if he had just complied he would have been gone by now.. Get the Android Weather app from Google Play, Virginias superintendent of public instruction resigns, VBDPH to host free COVID-19 vaccination clinic Mar. He told jurors hed been diagnosed with anxiety and post-traumatic stress disorder, or PTSD. Bell will look at all the evidence from the December traffic stop. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. Stay with 8News for updates and continuing coverage of this story. As a subscriber, you have 10 gift articles to give each month. "The most important thing about today is we have a green light to begin the intense discovery that we plan to do," he said. Gutierrez was ordered to pay $2,685 in damages, no malice, under liability for assault. After what I have seen on the body camera footage, its kind of hard to justify them serving and protecting anything, Arthur said. He was cleared of all false imprisonment, illegal search, and battery charges. . In video footage provided with the complaint, Crocker said hes not complying.. 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. The attorney general announced an investigation that month. 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. 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. 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 Windsor Police Services board and two officers face a $600,000 defamation lawsuit from an Arby's restaurant franchise following an incident in June. 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. Lieutenant Nazario, of the U.S. Army Medical Corps, was driving to Petersburg, Va., last year when he saw police lights flashing behind him. 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. He also said this was when the officers attitudes toward Nazario changed. 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. pepper sprayed, pushed to the ground and handcuffed. 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. 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. 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 officers ultimately released Nazario and no charges were filed against him. The stop sparked nationwide backlash and Virginia's attorney general later sued Windsor, a small town about 70 miles southeast of Richmond, alleging the town's police engaged in discriminatory. Gutierrez then told Crocker to back up and proceeded to deploy OC spray multiple times into Nazarios face. Did you encounter any technical issues? Crocker has retained Anne Lahren of the Virginia Beach-based firm Pender & Coward. The Associated Press contributed to this report. pic.twitter.com/YbqLAfa2w4, Army Lt. Nazario was driving his new car home. Its about the domination and humiliation of a Black man because he asked questions and didnt comply. pic.twitter.com/RFE79TjWJ8. Jane Harper, 757-222-5097, jane.harper@pilotonline.com. He agrees that Nazario has a case. Nazario testified he didnt hear the ride the lighting statement correctly, and thought hed heard Gutierrez say see the light, which he took to mean death and the light of heaven. 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 that was seeking $1 million in compensatory damages. The lawsuit, which was filed in Norfolk Federal Court April 2, said the incident occurred around 6:30 p.m. Dec. 5. 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 attorney generals investigation found that Black drivers accounted for about 42 percent of the departments traffic stops from July 2020 through September 2021. https://twitter.com/qasimrashid/status/1380703485289754630?s=21. 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. 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. 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 . Nazario, who is of Black and Latino descent, accuses the two white officers of racially motivated police brutality while holding him at gunpoint during a Dec. 5, 2020, traffic stop and shouting conflicting commands at him to keep his hands out of his cars window and exit the vehicle. chapter for Isle of Wight County, thanked the attorney general for taking action and said the group had tried for months to negotiate in good faith with Windsor leaders. * Security for Special Events. 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. Boss, basketball &, Youngkin to take part in CNN town hall amid 2024, Guilford school board bill gets 1st reading in NC, Back-to-back hurricanes more likely to happen: Study, Al-Qaida chiefs pattern of life was key to death, Bike tours raising awareness for bone marrow registry, 180 days in jail possible for ski pass fraud, Pilot, passenger walk away from plane crash on E-470, Watch: 4 mountain lions prowl Colorado neighborhood, Hospital bills $847 facility fee for Zoom call, Good Samaritan helps rescue kids from icy pond, Whats next in unprecedented case of truck driver. 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.. 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. 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. 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. 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.. Body camera video of the traffic stop showed the officers drawing their guns, pointing them at Nazario and using a slang term that Nazario was about to "ride the lightning" to suggest he was facing execution before pepper-spraying him and knocking him to the ground. [Gutierrez] acknowledged it was [Nazarios] right. By the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker. Copyright 2021 Scripps Media, Inc. All rights reserved. He still works with Windsor Police. Black residents account for between 9% to 22% of Windsors population, and about 22% of Isle of Wight Countys population, according to the lawsuit. Asked by his attorney, Jonathan Arthur, why he didnt pull over immediately upon seeing the flashing blue lights of Crockers patrol car, Nazario testified that he initially thought Crocker was trying to pull someone else over, and had been trying to get out of Crockers way. The states lawsuit seeks court-ordered policy changes in the Windsor Police Department, including that traffic stops are conducted without bias and that use of force incidents are reported in compliance with state law. 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. Roberts said there is a chance the town of Windsor and Windsor Police Chief Rodney Riddle could be added as defendants in the case. It also seeks a civil penalty of $50,000 for each proven violation of the Virginia Human Rights Act. Gutierrez said the chief confirmed Nazario didnt have to be charged with obstruction of justice and not having license plates displayed. CNN Sans & 2016 Cable News Network. Crocker initiated the traffic stop after seeing a dark SUV with dark tinted windows and no license plate, police reports show. The lawsuit by 2nd Lt. 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