24/7 coverage of breaking news and live events. 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. If not, it will go on to a jury. Prosecutor begins review of case of pepper-sprayed soldier in Windsor, Black drivers more likely to be pulled over in Virginia, new state data shows, Court Documents: Motion to dismiss Army lieutenant's lawsuit filed by former Windsor police officer. Related: Hampton Commonwealth's Attorney appointed special prosecutor in Windsor Army Lt. traffic stop case. Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. Updated When he stopped, a Windsor police officer ordered Lieutenant Nazario, then 27, to get out of his car. 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. 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. Published 5:58 pm Friday, January 13, 2023. Nazario later told the officers he wanted to stop in a well-lit area. Updated: 4:19 PM EST February 11, 2022. Two Windsor police officers are facing a civil lawsuit that alleges they acted aggressively towards a minority, uniformed Army officer during a traffic stop. 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 lawsuit, filed by James Laughton . pepper sprayed, pushed to the ground and handcuffed. 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. If you dont say anything, we wont say anything, implying that, If you do, were going to charge you with something.' 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. This material may not be published, broadcast, rewritten, or redistributed. Crocker had pulled Nazario over for allegedly lacking a rear license plate. Give Light and the People Will Find Their Own Way. 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. The lawsuit by 2nd Lt. Caron Nazario, who is Black and Latino, is seeking $1 million in compensatory damages, claiming two Windsor, Virginia, police officers violated his rights guaranteed. An attorney for Crocker commended the jurys decision Tuesday. On Jan. 10, day two of the trial, Nazario continued his testimony. "Citizens will not rest assured that scenes like this are not repeated with impunity. 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 jury also determined that Officer Daniel Crocker must pay $1,000 in punitive damages for an illegal search of his vehicle, court documents show. 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. 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 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. . The PM has been deeply involved in hammering out new terms . Sonny Stallings is a criminal lawyer in Virginia Beach. 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. 2. 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 . 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. 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. 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. Windsor police issue crime alert in area on city's east end . 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. 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. 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. Politicians and celebrities from across the United States have weighed in on the video. Get your eyes back you and Smoke [Nazarios dog] can get on down the road.. 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. 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. 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. As officers began to speak with him about the traffic stop, they asked if he had any weapons in his vehicle. 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. At that time, when he was safe to drive, he would be free to go, Gutierrez said. Gutierrez was then fired. 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. Miyares said through a spokeswoman Tuesday that the lawsuit remains pending and he had no comment on it at this time. Windsor police officers for a controversial December 2020 traffic stop. FORECAST: No roaring lion this year to start March, Town of Windsor asks court to dismiss lawsuit for 'pattern of discriminatory policing', Trial date set for Army lieutenant's lawsuit against Windsor police officers, Black drivers more likely to be pulled over in Virginia, new state data shows. Turn on desktop notifications for breaking stories about interest? Document reveals first known Canadian UFO study in nearly 30 years now underway. 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. Trial begins for Virginia police officers being sued by Army officer over traffic stop. 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. Officers Joe Gutierrez and Daniel Crocker stopped Nazario for a missing rear license plate in 2020. While they are glad Gutierrez was ultimately let go. Nazarios lawsuit said he wanted to stop in a safe, well-lit place and pulled over at a gas station in Windsor, which is about 30 miles west of Norfolk. Arthur said this was threating retaliation if Nazario complained about the incident. Gutierrez responded to the scene when Crocker reported a felony traffic stop to dispatchers. One of the officers wrote in the police report that Nazario eluded police because he didn't stop right away. 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 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. 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. Authorities respond to crash involving semi, bus in Suffolk; No one hurt. 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. The officers faced four counts: assault, battery, false imprisonment and illegal search. 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. 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. Let's talk about the Meteorological Winter that wasn't. Gutierrez yelled at Nazario that he was fixin to ride the lightning, which the complaint states is an expression for execution. Eventually, Crocker attempted to open Nazarios door while he told him to calm down.. Download the free 8News and StormTracker 8 mobile apps! Speak to recruitment advertising specialist, Related coverage: Police videos like the Windsor one that went viral usually stay secret in Virginia. 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. 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. Requests for comment from the Town of Windsor police chief and town manager were not immediately returned Friday. He was commissioned as an officer in December 2016 when he graduated from Virginia State University. 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. 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. Get the Android Weather app from Google Play, Virginias superintendent of public instruction resigns, VBDPH to host free COVID-19 vaccination clinic Mar. This material may not be published, broadcast, rewritten, or redistributed. , 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? 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. Police said that an urgent search was now underway for Constance Marten and Mark Gordon's child. Nazario eventually got out of the vehicle after he was OC sprayed. Lieutenant Nazario asked why he had been stopped and why the officers had drawn their guns. This has got to stop, said Jonathan Arthur, Nazarios Richmond-based attorney who believes his client is a victim of police brutality. The officers ultimately released Nazario and no charges were filed against him. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. The federal case began Monday in Richmond, with testimony [] The jury found Gutierrez guilty of assault and must pay him $2,685 in damages, no malice. Windsor is one of nearly 100 Virginia communities to receive federal grants encouraging tickets. 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. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Herring to file this lawsuit, except perhaps for the sake of headlines, which he will surely receive, the statement said. Once standing outside of the car, Gutierrez exercised knee-strikes and Crocker helped to eventually force Nazario to the ground and handcuff him. "I'm honestly afraid to get out," Nazario said during the traffic stop. Black residents account for between 9% to 22% of Windsors population, and about 22% of Isle of Wight Countys population, according to the lawsuit. It also seeks a civil penalty of $50,000 for each proven violation of the Virginia Human Rights Act. The attorney generals investigation found that Black drivers accounted for about 42 percent of the departments traffic stops from July 2020 through September 2021. 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. Arthur said Nazarios Fourth Amendment rights were violated when officers exercised and unreasonable use of force and temporarily seized Nazarios gun. The Town of Windsor announced Sunday night that Gutierrez had been terminated from the police force following an internal investigation. 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. ONGOING COVERAGE: Lt. Caron Nazario traffic stop in Windsor, Officer terminated following traffic stop involving U.S. Army Lieutenant, As Bowie archive finds new home at UK museum, start, 5 fun crafts for kids on St. Patricks Day, Inspired by the Iditarod race? 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. Gutierrez then said that he had spoken with the chief of police because Nazario had asked for a supervisor. What was his right? 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 town filed a motion this week asking a judge to dismiss the lawsuit, which was filed by previous Attorney General Mark Herring in December. He agrees that Nazario has a case. Body camera footage showed Gutierrez pepper spray Nazario when he would not get out of the car. 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. Nazario uttered several expletives and said he cant breathe as Gutierrez demanded him to get out of his car. Yeah, says one of the officers, according to footage from his body camera. 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. EMS arrived soon after to administer aid to Nazario. The police actions were taken after Nazario told the officers he was afraid to step out of his vehicle because he feared they might harm him. A Warner Bros. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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.". Caron Nazario says his constitutional rights were violated by the traffic stop in the town of Windsor in December. By the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker. Attorney General Mark Herring in Richmond, Va., in October. Copyright 2023 Nexstar Media Inc. All rights reserved. Im honestly afraid to get out of the car, he said, as he stayed in his seat. Let's talk about the Meteorological Winter that wasn't. BELOW: Body camera footage from Gutierrez. Rishi Sunak's Windsor Framework, the new Brexit package for Northern Ireland, is the result of months of painstaking negotiation.. 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. WINDSOR, Va. The former Windsor Police officer fired after pepper-spraying a U.S. Army lieutenant during a traffic stop is asking for a judge to dismiss part of the $1 million lawsuit against him. The lawsuit 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. 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.. Weve launched an investigation and youll definitely be hearing from us later.. The lawsuit by 2nd Lt. Caron Nazario, who is Black and Latino, is seeking $1 million in compensatory damages, claiming two Windsor, Virginia, police officers violated his rights guaranteed under . Stay with 8News for updates and continuing coverage of this story. Windsor Police Chief Rodney "Dan" Riddle did not respond to a request for. He put at least one hand outside his drivers side window after officers ordered him several times to do so. Murdoch made the admission during a deposition in a $1.6bn lawsuit brought by a voting . Caron Nazario was never arrested. 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. 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. He also said they violated the First Amendment by threating Nazarios career if he complained. (Windsor Police via AP). 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. 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. 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. It can occur as a result of living through combat, rape, a natural disaster, historical trauma, domestic violence or bullying. Nazario was not charged in the incident. Lieutenant Nazario is gratified by the outpouring of support this weekend for the civil rights lawsuit he filed last week, says a statement from Thomas H. Roberts & Associates, P.C. The 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. Thank you for a job well done, well-reasoned. Brandyn Steinwender says the lawsuit he filed against Windsor police stems from what happened on Ouellette Avenue, near Park Street in the early morning hours of November 10, 2019. They knew they were in the wrong and they threatened to ruin the mans career if he called them out on it, Arthur said. Example video title will go here for this video. 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Instruction resigns, VBDPH to host free COVID-19 vaccination clinic Mar that he had weapons.
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