Nazarios attorney, Thomas Roberts, called today's hearing the first step in a long legal process. https://twitter.com/qasimrashid/status/1380703485289754630?s=21. As a subscriber, you have 10 gift articles to give each month. 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. The press conference will be streamed live on WRIC.com. pepper sprayed, pushed to the ground and handcuffed. Warning: this is hard to watch. On Jan. 10, day two of the trial, Nazario continued his testimony. 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. In video footage provided with the complaint, Crocker said hes not complying.. Notifications can be turned off anytime in the browser settings. * Security for Special Events. 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.. In body camera footage, Gutierrez told Nazario that if he had just complied he would have been gone by now.. Updated: 4:19 PM EST February 11, 2022. 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. It can occur as a result of living through combat, rape, a natural disaster, historical trauma, domestic violence or bullying. Download the free 8News and StormTracker 8 mobile apps! 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 was ultimately let go without charges. In body camera footage from Crocker, Nazario said nobody would choose charges. 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. Gutierrez then told Crocker to back up and proceeded to deploy OC spray multiple times into Nazarios face. 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. Sonny Stallings is a criminal lawyer in Virginia Beach. This material may not be published, broadcast, rewritten, or redistributed. A Warner Bros. "Citizens will not rest assured that scenes like this are not repeated with impunity. Nazario identified it as his vehicles temporary New York plate. 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.. Gutierrez was ordered to pay $2,685 in damages, no malice, under liability for assault. The lawsuit claims that Gutierrez said the charges could impact Nazarios career with the Army. 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. By submitting your email to receive this newsletter, you agree to our. 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.. Attorney General Mark Herring in Richmond, Va., in October. (Windsor Police via AP). The federal case began Monday in Richmond, with testimony [] He also said this was when the officers attitudes toward Nazario changed. Arthur said the lawsuit was filed in federal court because it alleges Nazario's constitutional rights were violated. Copyright 2023 Nexstar Media Inc. All rights reserved. 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 Windsor police also ended grant-funded patrols, saying it was in the best interest of our agency and our community.. Williamson and Rucker, her son, were found dead on this day 20 years ago in their Tilston Drive house. 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. Virginia Sues Town of Windsor, Accusing It of Discriminatory Policing, https://www.nytimes.com/2021/12/31/us/caron-nazario-windsor-virginia-police.html. Document reveals first known Canadian UFO study in nearly 30 years now underway. Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. They'll resume Jan. 17. 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. 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. 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. 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. Valerie Cofer Butler, the president of the N.A.A.C.P. 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. 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. Once standing outside of the car, Gutierrez exercised knee-strikes and Crocker helped to eventually force Nazario to the ground and handcuff him. The lawsuit, filed by James Laughton . pic.twitter.com/YbqLAfa2w4, Army Lt. Nazario was driving his new car home. 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. This material may not be published, broadcast, rewritten, or redistributed. 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. Notifications can be turned off anytime in the browser settings. 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. 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. One of the officers wrote in the police report that Nazario eluded police because he didn't stop right away. Nazario testified he didnt hear the ride the lighting statement correctly, and thought hed heard Gutierrez say see the light, which he took to mean death and the light of heaven. He was ordered to pay $1,000 in punitive damages and the jury did not find him guilty of false imprisonment, assault, or battery. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. "Williamson was found beaten to death in the . Video of police stop involving Lt. Caron Nazario. The federal case began Monday in Richmond, with testimony [] * Traffic Enforcement. Windsor police officers who pulled over Army lieutenant ordered to pay less than $4,000. 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. RICHMOND, Va. (AP) A Virginia town has announced that one of two police officers accused of pepper-spraying and pointing . 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. The lawsuit was filed in April after an internal investigation was completed, with the public raising major concerns about the incident. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. He also said they violated the First Amendment by threating Nazarios career if he complained. Jane Harper, 757-222-5097, jane.harper@pilotonline.com. 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. Instead, he saw Gutierrez and Crocker, both with their guns out. * Conduct Investigations. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . Caron Nazario was never arrested. Start your morning in-the-know with the day's top stories. If you dont say anything, we wont say anything, implying that, If you do, were going to charge you with something.' [Gutierrez] acknowledged it was [Nazarios] right. Let's talk about the Meteorological Winter that wasn't. Nazario uttered several expletives and said he cant breathe as Gutierrez demanded him to get out of his car. 8:51 PM EST, Fri January 20, 2023, Bodycam footage shows traffic stop of Army officer that led to lawsuit, VA Attorney General Attorney General Mark Herring speaks during a campaign event for Virginia gubernatorial candidate Terry McAuliffe at Lubber Run Park, Arlington, Virginia on Friday, July 23, 2021 in Washington, DC. RICHMOND, Va. (WRIC) On Monday, January 9, the federal trial began for a U.S. Army lieutenant who was pepper sprayed after being pulled over in Windsor in 2020. 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. Arthur then showed jurors Nazarios cellphone footage and video recorded by Crockers and Gutierrezs body-worn cameras. 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 Windsor Police Department is dedicated in their continuing efforts to work with and within the community, striving for a safe . 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. 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. 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 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. 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 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 was cleared of all false imprisonment, illegal search, and battery charges. 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. The officers ultimately released Nazario and no charges were filed against him. In April, Lieutenant Nazario filed a lawsuit in the U.S. District Court for the Eastern District of Virginia. Gutierrez was fired by the Windsor Police Department in 2021 for not following department policy during the incident. The jury found Gutierrez guilty of assault and must pay him $2,685 in damages, no malice. 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. 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. 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. Nazarios attorneys filed a motion for a new trial on Friday, according to court documents obtained by CNN. Let's talk about the Meteorological Winter that wasn't. The Associated Press contributed to this report. 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.. Here are the best, General Assembly going into overtime to finish budget, Va. railroad safety bill rejected before train derailment, GOP panel kills effort to scrap same-sex marriage, GOP plan defunds state agency on marijuana, Restricting solitary confinement not a done deal, Donations wanted: 10th annual Chesterfield Diaper, Virginias superintendent of public instruction resigns, Chesterfield curbside recycling pick up free until, Execution-style murder in St, Louis caught on video, Arrest warrants issued for projected NFL draft pick, Jury visits Moselle; closing arguments in Murdaugh, Several VCU-area Richmond roads closing for paving, The top five trophy smallmouth bass waters in Virginia, Man shot at Chesterfield nightclub Sunday morning, Va. lawmakers take on China as spy balloon raises, Va. House passes bills impacting transgender students, State board advances harshly criticized history standards, March for Life returns after abortion bans fail, Lawmakers target correctional facilities added fees, Medical use of magic mushrooms in Virginia rejected, Bill requires parental approval for library books, Family, friends mourn tragic death of Henrico 20-year-old, SCAM ALERT: Fraudulent buyers target online sellers, Two men shot on Nine Mile Road in Richmond, Manchester Middle cancels ex-white supremacists, Charlottesville Police shoot, kill armed suspect, Community shocked after woman found dead near playground, Police investigating possible towing fraud in Richmond, Do Not Sell or Share My Personal Information. 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. He accused the officers of illegally searching his car, using excessive force and violating his rights under the First and Fourth Amendments. Example video title will go here for this video. The attorney general announced an investigation that month. 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. 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. The incident was captured by the officers body cameras and the footage became the basis of a lawsuit filed by Nazario against the officers last year. He told jurors hed been diagnosed with anxiety and post-traumatic stress disorder, or PTSD. 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. He agrees that Nazario has a case. 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. * K9 Unit. Instead, he could have the choice of the officers waiting with him while the effects of the OC spray wore off. His attorney told 10 On Your Side he was scared and also confused by conflicting directions from the two officers. Neither have asked for the other claim, the Fourth Amendment violation, to be dismissed. 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. 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 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. 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 jury however largely sided with the officers, finding Nazario didnt prove other allegations in the suit, such as false imprisonment. Gutierrez yelled at Nazario that he was fixin to ride the lightning, which the complaint states is an expression for execution. Did you encounter any technical issues? Arthur said this was threating retaliation if Nazario complained about the incident. "Yeah, you should be," Gutierrez replied. Arthur then highlighted a small white rectangle visible in the body camera footage of both officers. 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 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. 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. 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. 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. 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. 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. While they are glad Gutierrez was ultimately let go. After five full days of jury deliberation, a verdict was reached on Tuesday in the $1 million lawsuit filed . 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. 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