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 . , 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? It sounds like the officers in Windsor were trying to make an agreement with Lt. Nazario. 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. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . 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. 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. [Gutierrez] acknowledged it was [Nazarios] right. The traffic stop happened on December 5, 2020, when former police officer Joe Gutierrez pepper-sprayed Lt. Caron Nazario, whose hands were up out of his car window. He 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. Document reveals first known Canadian UFO study in nearly 30 years now underway. The Isle of Wight branch and the Virginia NAACP plans to hold a press conference at 6 p.m. Monday to address the incident. Nazarios driving a car with dark tinted windows, coupled with Gutierrez only having arrived after originally heading in the opposite direction until hearing Crockers felony traffic stop call, Silverman contended, meant there was no way for Gutierrez to know whether the car had been stolen or if it was carrying contraband. 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. 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. 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. 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 suit seeks $1 million in damages from Joe Gutierrez and Daniel Crocker, alleging that the two officers violated Nazarios First and Fourth Amendment rights. In body camera video, Crocker said he could not see a visible rear license plate on Nazarios SUV when he initiated the traffic stop. Isle of Wight Commonwealths Attorney, Georgette Philips, recused herself. * School Resource Officer. In April, an officer involved in the stop, Joe Gutierrez, was fired from the police department. The officers faced four counts: assault, battery, false imprisonment and illegal search. He was cleared of all other charges. Copyright 2023 Nexstar Media Inc. All rights reserved. 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.. Updated 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. It would . In June, Virginia State Police handed its investigation over to Hamptons Commonwealths Attorney Anton Bell. 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. Caesars Windsor is celebrating 15 years of headline entertainment with a popular comedian and actor. 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. * Security for Special Events. The Windsor Police Department is dedicated in their continuing efforts to work with and within the community, striving for a safe . 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.. 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. 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. Its about the domination and humiliation of a Black man because he asked questions and didnt comply. pic.twitter.com/RFE79TjWJ8. 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. NORFOLK, Va. The five-day trial in Army Lt. Caron Nazario's lawsuit against two Windsor police officers captured on camera pepper-spraying and threatening him during a traffic stopwill start March 28. 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. Windsor Police Chief Rodney "Dan" Riddle did not respond to a request for. Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. 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. Well sit here with you. I was shocked and immediately concerned for my safety, Nazario testified. Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. They'll resume Jan. 17. 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 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 was then fired. Trial begins for Virginia police officers being sued by Army officer over traffic stop. Politicians and celebrities from across the United States have weighed in on the video. While they are glad Gutierrez was ultimately let go. This material may not be published, broadcast, rewritten, or redistributed. 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. 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. 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. Gutierrez was fired in 2021 following an investigation into the use of force during the incident and Crocker remains on the force. They took a lot of time with this decision. Virginia Governor Ralph Northam, Attorney General Mark Herring and U.S. Virginia Sues Town of Windsor, Accusing It of Discriminatory Policing, https://www.nytimes.com/2021/12/31/us/caron-nazario-windsor-virginia-police.html. 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. He was commissioned as an officer in December 2016 when he graduated from Virginia State University. https://twitter.com/qasimrashid/status/1380703485289754630?s=21. When he stopped, a Windsor police officer ordered Lieutenant Nazario, then 27, to get out of his car. 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. Related: Hampton Commonwealth's Attorney appointed special prosecutor in Windsor Army Lt. traffic stop case. Tom Roberts, one of Nazarios lawyers, says this conversation is at the crux of the lawsuit. The Windsor Police Department is comprised of approximately 65 employees; 52 sworn officers and 10 civilians and dispatchers. 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. Lieutenant Nazario asked why he had been stopped and why the officers had drawn their guns. You should be.. 2. 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. Windsor got $15,750 to target speeders. 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 attorney general announced an investigation that month. 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. Monday night, News 3 learned Crocker has joined Gutierrez asking a judge to dismiss the complaint regarding the claim for First Amendment violation. 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 . 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. Roberts said there is a chance the town of Windsor and Windsor Police Chief Rodney Riddle could be added as defendants in the case. He also said this was when the officers attitudes toward Nazario changed. Young ruled in August that Crockers removal of a firearm from Nazarios car to check its serial number constituted an illegal search. 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. The other officer named in the lawsuit, Daniel Crocker, was also on the scene. 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 lawsuit, filed by James Laughton . 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. Arthur said this was threating retaliation if Nazario complained about the incident. The federal case began Monday in Richmond, with testimony [] 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. Stay with 8News for updates and continuing coverage of this story. Senator Tim Kaine have all released statements condemning the actions of the two officers and called for a criminal investigation into the incident. As officers began to speak with him about the traffic stop, they asked if he had any weapons in his vehicle. Your effort and contribution in providing this feedback is much 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. Updated: 1:44 PM EST January 9, 2023. He told jurors hed been diagnosed with anxiety and post-traumatic stress disorder, or PTSD. He still works with Windsor Police. 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. 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. . It was [Nazarios] right to protest, his right to push this thing further, to carry it further, to make a grievance, to continue his protest and [Gutierrez] made it clear that if [Nazario] was willing to just let it go, then Gutierrez was not going to push forward and charge him with these bogus crimes, said Roberts. 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. 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. 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.". Windsor is one of nearly 100 Virginia communities to receive federal grants encouraging tickets. Weve launched an investigation and youll definitely be hearing from us later.. The press conference will be streamed live on WRIC.com. In April, Lieutenant Nazario filed a lawsuit in the U.S. District Court for the Eastern District of Virginia. He did not want to stop on a dark road, so he drove about a mile to a gas station, according to a lawsuit and video footage of the encounter. 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. 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. 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. 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. On Jan. 10, day two of the trial, Nazario continued his 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. This material may not be published, broadcast, rewritten, or redistributed. TORONTO TD Bank Group says it will pay US$1.205 billion to settle a lawsuit in connection with a multi-year Ponzi scheme . There was no need for Mr. "Citizens will not rest assured that scenes like this are not repeated with impunity. 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. CNNs Jennifer Feldman, Natasha Chen, Jamiel Lynch, Dakin Andone and Chris Boyette contributed to this report. 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. Eventually, Crocker attempted to open Nazarios door while he told him to calm down.. Rishi Sunak's Windsor Framework, the new Brexit package for Northern Ireland, is the result of months of painstaking negotiation.. 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. He was cleared of all other charges. Bell will look at all the evidence from the December traffic stop. [Related coverage: Police videos like the Windsor one that went viral usually stay secret in Virginia]. The officers pulled over Nazario on the evening of Dec. 5, 2020. 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. Neither have asked for the other claim, the Fourth Amendment violation, to be dismissed. 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. The trial for an Army reservist's civil lawsuit against two Windsor police officers is underway in U.S. District Court in Richmond. Caron Nazario is seen in this still image from body camera footage holding his hands up during the traffic stop in Windsor, Virginia. 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. Nazario later told the officers he wanted to stop in a well-lit area. 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. Instead, he could have the choice of the officers waiting with him while the effects of the OC spray wore off. After five full days of jury deliberation, a verdict was reached on Tuesday in the $1 million lawsuit filed . In video footage provided with the complaint, Crocker said hes not complying.. While the lawsuit does not and cannot ask for disciplinary action against the officers, Arthur said there needs to be accountability. appreciated. Gutierrez then said that he had spoken with the chief of police because Nazario had asked for a supervisor. 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. He also asked what was going on. That number was much higher than expected based on the number of Black residents in the town, the office said. In body camera footage from Crocker, Nazario said nobody would choose charges. (Windsor Police via AP). Now that clearly would be a violation of Lt. Nazarios constitutional rights.". Read the lawsuit Army Lt. Caron Nazario filed against Windsor Police. The complaint filed Friday alleges Lt. Caron Nazario fails to support his allegation that Joe Gutierrez's conduct discouraged or affected Nazario from engaging in an activity protected by the First Amendment. The suit comes after a monthslong investigation, which Attorney General Mark Herring said uncovered a pattern of discriminatory, unconstitutional policing.. 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 Town of Windsor announced Sunday night that Gutierrez had been terminated from the police force following an internal investigation. Nazario is a 2nd Lieutenant serving as a 70B Army Health Services Administration Officer in the Virginia National Guards Norfolk-based 1st Battalion, 111th Field Artillery Regiment, 116th Infantry Brigade Combat Team. 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. 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. 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. Holiday Closures Announced for Town of Windsor Facilities. Nazarios attorney, Thomas Roberts, called today's hearing the first step in a long legal process. The lawsuit claims that Gutierrez said the charges could impact Nazarios career with the Army. Gutierrez was fired by the Windsor Police Department in 2021 for not following department policy during the incident. 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. Instead, he saw Gutierrez and Crocker, both with their guns out. FORECAST: No roaring lion this year to start March, captured on camera pepper-spraying and threatening him during a traffic stop. The lawsuit was filed in April after an internal investigation was completed, with the public raising major concerns about the incident. 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. News 3 reached out to Gutierrezs attorneys and did not hear back. Officers Joe Gutierrez and Daniel Crocker stopped Nazario for a missing rear license plate in 2020. 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. Copyright 2023 Nexstar Media Inc. All rights reserved. All Rights Reserved. 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. 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 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. Start your morning in-the-know with the day's top stories. While they are glad Gutierrez was ultimately let go because of his actions in the incident, Arthur stated they must take this further. 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.. 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. Get the Android Weather app from Google Play, Virginias superintendent of public instruction resigns, VBDPH to host free COVID-19 vaccination clinic Mar. By submitting your email to receive this newsletter, you agree to our. Once standing outside of the car, Gutierrez exercised knee-strikes and Crocker helped to eventually force Nazario to the ground and handcuff him. The jury however largely sided with the officers, finding Nazario didnt prove other allegations in the suit, such as false imprisonment. Sonny Stallings is a criminal lawyer in Virginia Beach. After what I have seen on the body camera footage, its kind of hard to justify them serving and protecting anything, Arthur said. Body camera footage showed Gutierrez pepper spray Nazario when he would not get out of the car. 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