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. Turn on desktop notifications for breaking stories about interest? 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. The lawsuit claims that Gutierrez said the charges could impact Nazarios career with the Army. Whether you want to DIY it or go with a craft kit, theres something for everyone this St. Patricks Day. Windsor police officers for a controversial December 2020 traffic stop. The lawsuit was filed Friday. Williamson and Rucker, her son, were found dead on this day 20 years ago in their Tilston Drive house. Copyright 2021 Scripps Media, Inc. All rights reserved. Arthur said this was threating retaliation if Nazario complained about the incident. Weve launched an investigation and youll definitely be hearing from us later.. RICHMOND, Va. (AP) A Virginia town has announced that one of two police officers accused of pepper-spraying and pointing . Once standing outside of the car, Gutierrez exercised knee-strikes and Crocker helped to eventually force Nazario to the ground and handcuff him. "Yeah, you should be," Gutierrez replied. Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. They'll resume Jan. 17. In police body camera video, they pulled out their guns, told him to get out of the car even though he was scared, and eventually, Gutierrez pepper sprayed him. The Town of Windsor announced Sunday night that Gutierrez had been terminated from the police force following an internal investigation. The press conference will be streamed live on WRIC.com. The other officer named in the lawsuit, Daniel Crocker, was also on the scene. That number was much higher than expected based on the number of Black residents in the town, the office said. On Jan. 10, day two of the trial, Nazario continued his testimony. 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. The officers faced four counts: assault, battery, false imprisonment and illegal search. Virginia Sues Town of Windsor, Accusing It of Discriminatory Policing, https://www.nytimes.com/2021/12/31/us/caron-nazario-windsor-virginia-police.html. 2. Kevin Hart is returning to The Colosseum stage on Sunday, May 21 at 8 p.m. with his "Reality . He was defeated in November by Jason Miyares, a Republican from Virginia Beach. Get the Android Weather app from Google Play, Virginias superintendent of public instruction resigns, VBDPH to host free COVID-19 vaccination clinic Mar. 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. He told jurors hed been diagnosed with anxiety and post-traumatic stress disorder, or PTSD. * Traffic Enforcement. Nazario eventually got out of the vehicle after he was OC sprayed. Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. I was shocked and immediately concerned for my safety, Nazario testified. 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. RICHMOND 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. 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. 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. His attorney told 10 On Your Side he was scared and also confused by conflicting directions from the two officers. He was cleared of all other charges. , Jury visits Moselle; closing arguments in Murdaugh, NCDOT seeking public input on Green Transportation, The Roanoke area is home to top five trophy smallmouth, READ: Complaint filed by Nazario against Windsor police officers, As Bowie archive finds new home at UK museum, start, 5 fun crafts for kids on St. Patricks Day, Inspired by the Iditarod race? 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. 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. 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. Published 5:58 pm Friday, January 13, 2023. Video of police stop involving Lt. Caron Nazario. Nazario remained in the SUV with his two hands out the window. He accused the officers of illegally searching his car, using excessive force and violating his rights under the First and Fourth Amendments. Nazario later told the officers he wanted to stop in a well-lit area. * School Resource Officer. We must consider steps to decertify officers that engage in this behavior, so that they cannot seek employment with other law enforcement agencies, Arthur said. Crocker had pulled Nazario over for allegedly lacking a rear license plate. Gutierrez was then fired. Neither have asked for the other claim, the Fourth Amendment violation, to be dismissed. Well sit here with you. 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. Lieutenant Nazario asked why he had been stopped and why the officers had drawn their guns. 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 . 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. Gutierrez was fired by the Windsor Police Department in 2021 for not following department policy during the incident. Police said that an urgent search was now underway for Constance Marten and Mark Gordon's child. For Crocker, the jury found him only liable/guilty on an illegal search, no malice. 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. If you have an emergency, dial 911. Give Light and the People Will Find Their Own Way. 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. 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. Sessions with Utsey have cost a cumulative $7,000, Nazario testified. pic.twitter.com/YbqLAfa2w4, Army Lt. Nazario was driving his new car home. 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 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. Warning: this is hard to watch. Copyright 2023 Nexstar Media Inc. All rights reserved. Read the lawsuit Army Lt. Caron Nazario filed against Windsor Police. 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. Anyone can read what you share. 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. 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. In body camera footage, Gutierrez told Nazario that if he had just complied he would have been gone by now.. As officers began to speak with him about the traffic stop, they asked if he had any weapons in his vehicle. 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. Sonny Stallings is a criminal lawyer in Virginia Beach. Initially Nazario, who is Black and Latino and was wearing his service uniform, turned on his cell phone camera to record the incident. 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 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. 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. Arthur said Nazarios Fourth Amendment rights were violated when officers exercised and unreasonable use of force and temporarily seized Nazarios gun. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. Now that clearly would be a violation of Lt. Nazarios constitutional rights.". Two Windsor police officers are facing a civil lawsuit that alleges they acted aggressively towards a minority, uniformed Army officer during a traffic stop. This material may not be published, broadcast, rewritten, or redistributed. He was commissioned as an officer in December 2016 when he graduated from Virginia State University. Document reveals first known Canadian UFO study in nearly 30 years now underway. 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. 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. 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. 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!. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. 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. 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 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. The federal case began Monday in Richmond, with testimony [] Jane Harper, 757-222-5097, jane.harper@pilotonline.com. While the lawsuit does not and cannot ask for disciplinary action against the officers, Arthur said there needs to be accountability. Copyright 2023 Scripps Media, Inc. All rights reserved. When he stopped, a Windsor police officer ordered Lieutenant Nazario, then 27, to get out of his car. Herrings office filed its lawsuit in late December, just two weeks before the two-term Democrat left office. The Canadian government's top scientist has launched a study into UFOs and will release a public report by mid-2024 . 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.". The Virginian-Pilot was the first to report on the lawsuit and release the body camera footage, which quickly went viral. 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. Officers claimed the traffic stop escalated because Nazario didnt stop immediately and his rear license plate couldnt be seen; it was posted on the inside of the rear windshield. The Associated Press contributed to this report. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . 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. Notifications can be turned off anytime in the browser settings. 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. Gutierrez was fired in 2021 following an investigation into the use of force during the incident and Crocker remains on the force. After five full days of jury deliberation, a verdict was reached on Tuesday in the $1 million lawsuit filed . 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. CNNs Jennifer Feldman, Natasha Chen, Jamiel Lynch, Dakin Andone and Chris Boyette contributed to this report. 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 . 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. He was cleared of all other charges. Let's talk about the Meteorological Winter that wasn't. It sounds like the officers in Windsor were trying to make an agreement with Lt. Nazario. Updated Rishi Sunak's Windsor Framework, the new Brexit package for Northern Ireland, is the result of months of painstaking negotiation.. 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. Windsor is one of nearly 100 Virginia communities to receive federal grants encouraging tickets. The suit seeks $1 million in damages from Joe Gutierrez and Daniel Crocker, alleging that the two officers violated Nazarios First and Fourth Amendment rights. 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. 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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. The officers ultimately released Nazario and no charges were filed against him. Gutierrez was ordered to pay $2,685 in damages, no malice, under liability for assault. * K9 Unit. What was his right? 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. Give Light and the People Will Find Their Own Way, pepper-spraying a U.S. Army lieutenant during a traffic stop, moves to stay proceedings on the Complaint. 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. Could new DNA tech crack the JonBenet Ramsey case? Holiday Closures Announced for Town of Windsor Facilities. There was a temporary tag displayed in the tinted rear window. 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. He was ordered to pay $1,000 in damages. Copyright 2023 Nexstar Media Inc. All rights reserved. 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. Attorney General Mark Herring in Richmond, Va., in October. Arthur then highlighted a small white rectangle visible in the body camera footage of both officers. 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. The federal case began Monday in Richmond, with testimony [] 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. Stay with 8News for updates and continuing coverage of this story. About 2,600 people live in Windsor, a town roughly 70 miles southeast of Richmond. Updated: 1:44 PM EST January 9, 2023. 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. 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. Gutierrez is represented by Jessica Swauger and Coreen Silverman of the Glen Allen firm Hancock, Daniel & Johnson. The officer then pepper-sprayed Nazario, exercised knee-strikes to his legs and placed him handcuffs. The lawsuit, filed by James Laughton . 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. He also said they violated the First Amendment by threating Nazarios career if he complained. This material may not be published, broadcast, rewritten, or redistributed. 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. In body camera video, Crocker said he could not see a visible rear license plate on Nazarios SUV when he initiated the traffic stop. 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. 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. Your effort and contribution in providing this feedback is much 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. Gutierrez said the chief confirmed Nazario didnt have to be charged with obstruction of justice and not having license plates displayed. 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.". 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 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. Here are the best, Man pleads guilty to hacking into VB gas station, Nevada woman caught with handgun at Norfolk International, NC approved to continue food assistance benefits, Security officers are the new faces at NN public, Whats coming to NC in March? 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. He still works with Windsor Police. In this image taken from Windsor, Va., Police body camera footage, Lt. Caron Nazario is helped by an EMT after he was pepper-sprayed by Windsor police during a traffic stop in Windsor, on Dec. 20, 2020. a million-dollar lawsuit against the two officers, Do Not Sell or Share My Personal Information. The officers faced four counts: assault, battery, false imprisonment and illegal search. Windsor police issue crime alert in area on city's east end . Watch it anyway. 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. 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. 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. He is encouraged that his story resonates with so many who are willing to speak out., In the complaint filed in the U.S. District Court for the Eastern District of Virginia, attorney Jonathan M. Arthur, representing Nazario, stated the actions of Gutierrez and Crocker are consistent with a disgusting nationwide trend of law enforcement officers, who, believing they can operate with complete impunity, engage in unprofessional, discourteous, racially biased, dangerous, and sometimes deadly abuses of authority, (including issuing unreasonable comply-or-die commands,) ignore the clearly established mandates of the Constitution of the United States and the state and local laws, and usurp the roles of legislator, judge, jury, and executioner; substituting the rule of law for their arbitrary and illegal conduct.. 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. 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