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. Whether you want to DIY it or go with a craft kit, theres something for everyone this St. Patricks Day. (Photo by Oliver Contreras/SIPA USA)(Sipa via AP Images). 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. 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. Jane Harper, 757-222-5097, jane.harper@pilotonline.com. 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. 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. Updated: 4:19 PM EST February 11, 2022. Updated (Windsor Police via AP). Tom Roberts, one of Nazarios lawyers, says this conversation is at the crux of the lawsuit. Kevin Hart is returning to The Colosseum stage on Sunday, May 21 at 8 p.m. with his "Reality . Yeah, says one of the officers, according to footage from his body camera. Crocker was liable for an illegal search, no malice. Caesars Windsor is celebrating 15 years of headline entertainment with a popular comedian and actor. Your effort and contribution in providing this feedback is much Start your morning in-the-know with the day's top stories. 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. Copyright 2023 Scripps Media, Inc. All rights reserved. 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. Caron Nazario was never arrested. The Windsor police also ended grant-funded patrols, saying it was in the best interest of our agency and our community.. 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. 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. [Related coverage: Police videos like the Windsor one that went viral usually stay secret in Virginia]. "The most important thing about today is we have a green light to begin the intense discovery that we plan to do," he said. 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. Nazario was ultimately let go without charges. Notifications can be turned off anytime in the browser settings. In body camera footage, Gutierrez told Nazario that if he had just complied he would have been gone by now.. 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 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. 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.. Gutierrez then said that he had spoken with the chief of police because Nazario had asked for a supervisor. It's the latest development in a case prompted by a traffic stop involving Nazario and Windsor Officers Gutierrez and Daniel Crocker. The officer then pepper-sprayed Nazario, exercised knee-strikes to his legs and placed him handcuffs. Get the Android Weather app from Google Play, Virginias superintendent of public instruction resigns, VBDPH to host free COVID-19 vaccination clinic Mar. 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. pic.twitter.com/YbqLAfa2w4, Army Lt. Nazario was driving his new car home. 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. The lawsuit and videos have also now caught the attention of local civil rights groups. Dont look away. 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. 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.. This was the first time the state of Virginia has sued a law enforcement agency under a new law that gives the attorney general the right to do so in cases involving civil rights violations. , 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 said the chief confirmed Nazario didnt have to be charged with obstruction of justice and not having license plates displayed. Herring to file this lawsuit, except perhaps for the sake of headlines, which he will surely receive, the statement said. He was cleared of all other charges. 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. 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. 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.". 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. PTSD symptoms, according to the American Psychiatric Association, include nightmares or flashbacks, feeling detached or estranged. The stop happened on a night in December after one of the two officers said Nazarios SUV had tinted windows and didnt have a rear license plate. 2023 Cable News Network. A Warner Bros. While they are glad Gutierrez was ultimately let go. Instead, he saw Gutierrez and Crocker, both with their guns out. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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. 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. Windsor, including its police department, remains vigilant in protecting the rights of all residents of the town, Isle of Wight County, Commonwealth of Virginia and nation, regardless of race or gender, who pass through its limits, the statement said. 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. 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. 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. Im honestly afraid to get out of the car, he said, as he stayed in his seat. Gutierrez was fired by the Windsor Police Department in 2021 for not following department policy during the incident. pepper sprayed, pushed to the ground and handcuffed. 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 police department provides law enforcement services to the Town of Windsor including but not limited to: * Patrol Duties. [Gutierrez] acknowledged it was [Nazarios] right. 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. In body camera video, Crocker said he could not see a visible rear license plate on Nazarios SUV when he initiated the traffic stop. Weve launched an investigation and youll definitely be hearing from us later.. Attorney General Mark Herring in Richmond, Va., in October. 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. Well sit here with you. #BlackLivesMatter pic.twitter.com/Qa27El356s, A U.S. Army officer filed a federal civil lawsuit against police officers who pepper-sprayed and assaulted him. This has got to stop, said Jonathan Arthur, Nazarios Richmond-based attorney who believes his client is a victim of police brutality. They knew they were in the wrong and they threatened to ruin the mans career if he called them out on it, Arthur said. CNN Sans & 2016 Cable News Network. 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? Nazario said he did, and Crocker went into the vehicle to retrieve the gun, which Arthur, the attorney, contends was an illegal search. He put at least one hand outside his drivers side window after officers ordered him several times to do so. Body camera footage shows 2nd Lt. Caron Nazario had his hands held in the air outside the drivers side window as he told the armed officers, Im honestly afraid to get out. One of the officers told Nazario, Yeah, you should be!. The 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. 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. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. 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 . 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. About 2,600 people live in Windsor, a town roughly 70 miles southeast of Richmond. (AP). The Associated Press contributed to this report. "I'm honestly afraid to get out," Nazario said during the traffic stop. This material may not be published, broadcast, rewritten, or redistributed. Arthur said this was threating retaliation if Nazario complained about the incident. He was pulled over, pepper sprayed, and arrested without explanation.This is racism. The jury however largely sided with the officers, finding Nazario didnt prove other allegations in the suit, such as false imprisonment. Miyares said through a spokeswoman Tuesday that the lawsuit remains pending and he had no comment on it at this time. 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. Nazario uttered several expletives and said he cant breathe as Gutierrez demanded him to get out of his car. This material may not be published, broadcast, rewritten, or redistributed. In June, Virginia State Police handed its investigation over to Hamptons Commonwealths Attorney Anton Bell. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. He was cleared of all other charges. 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. 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. Download the free 8News and StormTracker 8 mobile apps! CNNs Jennifer Feldman, Natasha Chen, Jamiel Lynch, Dakin Andone and Chris Boyette contributed to this report. He still works with Windsor Police. Gutierrez was ordered to pay $2,685 in damages, no malice, under liability for assault. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Virginia Governor Ralph Northam, Attorney General Mark Herring and U.S. 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. Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. 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. BELOW: Body camera footage from Gutierrez. 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. The jury found Gutierrez guilty of assault and must pay him $2,685 in damages, no malice. 2. 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. At one moment, Gutierrez said to Nazario, If you want to fight it and argue it and I dont mean that disrespectfully, okay you have that right as a citizen if thats what you want, well charge you, have you go to court, notify the [military] command, do all that, or we can take time out of our night, which is not a problem, were being paid to take care of you. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . 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. 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. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. Anyone can read what you share. Trial begins for Virginia police officers being sued by Army officer over traffic stop. 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. 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. The Canadian government's top scientist has launched a study into UFOs and will release a public report by mid-2024 . By submitting your email to receive this newsletter, you agree to our. 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. 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.. He also said this was when the officers attitudes toward Nazario changed. FORECAST: No roaring lion this year to start March, captured on camera pepper-spraying and threatening him during a traffic stop. Earlier Monday morning, the lawyers for the three involved parties worked with Young to narrow down a pool of 46 jurors to nine, only one of whom is Black. There was a temporary tag displayed in the tinted rear window. 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. 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. The officers ultimately released Nazario and no charges were filed against him. There was no need for Mr. 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. https://twitter.com/qasimrashid/status/1380703485289754630?s=21. 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.. Caron Nazario is seen in this still image from body camera footage holding his hands up during the traffic stop in Windsor, Virginia. Too often, officers will support their colleagues, right or wrong, at the cost of innocent civilians.. It sounds like the officers in Windsor were trying to make an agreement with Lt. Nazario. 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 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. 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. Herrings office filed its lawsuit in late December, just two weeks before the two-term Democrat left office. 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 . I was shocked and immediately concerned for my safety, Nazario testified. "Yeah, you should be," Gutierrez replied. Turn on desktop notifications for breaking stories about interest? 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 April, an officer involved in the stop, Joe Gutierrez, was fired from the police department. A lawyer for Lieutenant Nazario could not immediately be reached for comment. 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. 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