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This material may not be published, broadcast, rewritten, or redistributed. 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. 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? It will close again on Friday, Dec. 30 at noon and remain closed through Monday, Jan. 2, 2023. The Windsor police also ended grant-funded patrols, saying it was in the best interest of our agency and our community.. 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. Nazario, now 29, was a 2nd lieutenant at the time of the traffic stop but has since been promoted to 1st lieutenant. 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.. He agrees that Nazario has a case. Sessions with Utsey have cost a cumulative $7,000, Nazario testified. Get the Android Weather app from Google Play, Virginias superintendent of public instruction resigns, VBDPH to host free COVID-19 vaccination clinic Mar. The Canadian government's top scientist has launched a study into UFOs and will release a public report by mid-2024 . The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. 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. 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. While the lawsuit does not and cannot ask for disciplinary action against the officers, Arthur said there needs to be accountability. By the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker. . 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. Nazario uttered several expletives and said he cant breathe as Gutierrez demanded him to get out of his car. He accused the officers of illegally searching his car, using excessive force and violating his rights under the First and Fourth Amendments. CNNs Jennifer Feldman, Natasha Chen, Jamiel Lynch, Dakin Andone and Chris Boyette contributed to this report. Body camera footage showed Gutierrez pepper spray Nazario when he would not get out of the car. Crocker was liable for an illegal search, no malice. 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. 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. The attorney general announced an investigation that month. 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. 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. 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. This material may not be published, broadcast, rewritten, or redistributed. 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 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. Well sit here with you. Herring to file this lawsuit, except perhaps for the sake of headlines, which he will surely receive, 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. Updated: 4:19 PM EST February 11, 2022. Im honestly afraid to get out of the car, he said, as he stayed in his seat. 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. 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. PTSD symptoms, according to the American Psychiatric Association, include nightmares or flashbacks, feeling detached or estranged. 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. 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. 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. 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. Crocker has retained Anne Lahren of the Virginia Beach-based firm Pender & Coward. 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. Arthur said Nazarios Fourth Amendment rights were violated when officers exercised and unreasonable use of force and temporarily seized Nazarios gun. 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. Start your morning in-the-know with the day's top stories. 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. Caron Nazario says his constitutional rights were violated by the traffic stop in the town of Windsor in December. 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. 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. 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. 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.. 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. The community they serve is nearly 30 square miles with a population of 28,500 citizens. Your effort and contribution in providing this feedback is much 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 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 lawsuit, filed by James Laughton . * K9 Unit. 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. Notifications can be turned off anytime in the browser settings. "I'm honestly afraid to get out," Nazario said during the traffic stop. Did you encounter any technical issues? The officers faced four counts: assault, battery, false imprisonment and illegal search. Let's talk about the Meteorological Winter that wasn't. Nazario, who is of Black and Latino descent, accuses the two white officers [] Lt. Caron Nazario, of Latinx and African American descent, alleges that his constitutional rights were violated and race played a role. 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. Arthur then showed jurors Nazarios cellphone footage and video recorded by Crockers and Gutierrezs body-worn cameras. Nazario also expressed worry that his dog was choking from its kennel in the back of the SUV. 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. Read the lawsuit Army Lt. Caron Nazario filed against Windsor Police. Tom Roberts, one of Nazarios lawyers, says this conversation is at the crux of the lawsuit. 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. https://twitter.com/qasimrashid/status/1380703485289754630?s=21. 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. 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. 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. If you need to file a police report, call dispatch at 707-565-2121. Murdoch made the admission during a deposition in a $1.6bn lawsuit brought by a voting . Speak to recruitment advertising specialist, Related coverage: Police videos like the Windsor one that went viral usually stay secret in Virginia. Nazario was ultimately let go without charges. Dont look away. Arthur said the lawsuit was filed in federal court because it alleges Nazario's constitutional rights were violated. Watch it anyway. Download the free 8News and StormTracker 8 mobile apps! Copyright 2023 Nexstar Media Inc. All rights reserved. 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. The Isle of Wight branch and the Virginia NAACP plans to hold a press conference at 6 p.m. Monday to address the incident. News 3 reached out to Gutierrezs attorneys and did not hear back. The press conference will be streamed live on WRIC.com. 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. 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. 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. Kevin Hart is returning to The Colosseum stage on Sunday, May 21 at 8 p.m. with his "Reality . Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. They'll resume Jan. 17. 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. Nazario was not charged in the incident. He was cleared of all other charges. 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. They took a lot of time with this decision. Once standing outside of the car, Gutierrez exercised knee-strikes and Crocker helped to eventually force Nazario to the ground and handcuff him. Caesars Windsor is celebrating 15 years of headline entertainment with a popular comedian and actor. The police department provides law enforcement services to the Town of Windsor including but not limited to: * Patrol Duties. 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. Gutierrez responded to the scene when Crocker reported a felony traffic stop to dispatchers. Instead, he could have the choice of the officers waiting with him while the effects of the OC spray wore off. 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. 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. Caron Nazario was never arrested. The officer then pepper-sprayed Nazario, exercised knee-strikes to his legs and placed him handcuffs. Gutierrez is represented by Jessica Swauger and Coreen Silverman of the Glen Allen firm Hancock, Daniel & Johnson. He was pulled over, pepper sprayed, and arrested without explanation.This is racism. As officers began to speak with him about the traffic stop, they asked if he had any weapons in his vehicle. Turn on desktop notifications for breaking stories about interest? The other officer named in the lawsuit, Daniel Crocker, was also on the scene. Police said that an urgent search was now underway for Constance Marten and Mark Gordon's child. About 2,600 people live in Windsor, a town roughly 70 miles southeast of Richmond. Caron Nazario is seen in this still image from body camera footage holding his hands up during the traffic stop in Windsor, Virginia. 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. 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. The trial for an Army reservist's civil lawsuit against two Windsor police officers is underway in U.S. District Court in Richmond. Crocker initiated the traffic stop after seeing a dark SUV with dark tinted windows and no license plate, police reports show. 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 Windsor Police Department is dedicated in their continuing efforts to work with and within the community, striving for a safe . Williamson and Rucker, her son, were found dead on this day 20 years ago in their Tilston Drive house. Windsor is one of nearly 100 Virginia communities to receive federal grants encouraging tickets. Valerie Cofer Butler, the president of the N.A.A.C.P. 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. Virginia Sues Town of Windsor, Accusing It of Discriminatory Policing, https://www.nytimes.com/2021/12/31/us/caron-nazario-windsor-virginia-police.html. 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!. 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. "It is open season on citizens in Virginia and across the county," Roberts said in a statement. Gutierrez was then fired. Last year, Special Prosecutor and Commonwealths Attorney Anton Bell determined no charges should be filed against the officers in state court but formally referred the case to the US Attorneys Office for a federal civil rights investigation. Black residents account for between 9% to 22% of Windsors population, and about 22% of Isle of Wight Countys population, according to the lawsuit. 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. Let's talk about the Meteorological Winter that wasn't. He was ordered to pay $1,000 in punitive damages and the jury did not find him guilty of false imprisonment, assault, or battery. 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. appreciated. Thats when he activated the video camera on his cellphone to record the encounter. 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. "Threatening to arrest an individual with the aim of suppressing speech is a constitutional tort regardless of whether the threat is carried out," US District Judge Roderick C. Young wrote in his opinion. The lawsuit, which was filed in Norfolk Federal Court April 2, said the incident occurred around 6:30 p.m. Dec. 5. In June, Virginia State Police handed its investigation over to Hamptons Commonwealths Attorney Anton Bell. "Yeah, you should be," Gutierrez replied. Updated: 1:44 PM EST January 9, 2023. Document reveals first known Canadian UFO study in nearly 30 years now underway. 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.. 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. Isle of Wight Commonwealths Attorney, Georgette Philips, recused herself. pic.twitter.com/YbqLAfa2w4, Army Lt. Nazario was driving his new car home. 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. Requests for comment from the Town of Windsor police chief and town manager were not immediately returned Friday. Nazario remained in the SUV with his two hands out the window. Monday night, News 3 learned Crocker has joined Gutierrez asking a judge to dismiss the complaint regarding the claim for First Amendment violation. Attorney General Mark Herring in Richmond, Va., in October. 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 federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. After five full days of jury deliberation, a verdict was reached on Tuesday in the $1 million lawsuit filed . Arthur said this was threating retaliation if Nazario complained about the incident. 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. Virginia Governor Ralph Northam, Attorney General Mark Herring and U.S. pepper sprayed, pushed to the ground and handcuffed. 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. 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.. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. 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. Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. 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. Nazario eventually got out of the vehicle after he was OC sprayed. 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 . 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 . 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. It also seeks a civil penalty of $50,000 for each proven violation of the Virginia Human Rights Act. , 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? 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