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Arthur used the opportunity to highlight an exchange between Nazario and Gutierrez, captured in the body camera footage, where Nazario says, Im honestly afraid to get out and Gutierrez responds, You should be. The officers, Arthur argued, could have de-escalated the situation, but they didnt., Arthur then highlighted another exchange between Nazario and Gutierrez recorded on the body camera footage, in which the ex-officer gives Nazario a choice. 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. 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 Windsor police also ended grant-funded patrols, saying it was in the best interest of our agency and our community.. The federal case began Monday in Richmond, with testimony [] He was cleared of all other charges. BELOW: Body camera footage from Gutierrez. "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. He was defeated in November by Jason Miyares, a Republican from Virginia Beach. 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!. After what I have seen on the body camera footage, its kind of hard to justify them serving and protecting anything, Arthur said. Officers Joe Gutierrez and Daniel Crocker stopped Nazario for a missing rear license plate in 2020. He also said they violated the First Amendment by threating Nazarios career if he complained. Now that clearly would be a violation of Lt. Nazarios constitutional rights.". Yeah, says one of the officers, according to footage from his body camera. EMS arrived soon after to administer aid to Nazario. 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. Sessions with Utsey have cost a cumulative $7,000, Nazario testified. 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 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. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . 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.". Nazario eventually got out of the vehicle after he was OC sprayed. He was ordered to pay $1,000 in damages. The lawsuit, which was filed in Norfolk Federal Court April 2, said the incident occurred around 6:30 p.m. Dec. 5. 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. (AP). 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. 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 then highlighted a small white rectangle visible in the body camera footage of both officers. 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. Authorities respond to crash involving semi, bus in Suffolk; No one hurt. 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. 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. 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 accused the officers of illegally searching his car, using excessive force and violating his rights under the First and Fourth Amendments. 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. Updated: 4:19 PM EST February 11, 2022. 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 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. It's the latest development in a case prompted by a traffic stop involving Nazario and Windsor Officers Gutierrez and Daniel Crocker. 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. 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. Document reveals first known Canadian UFO study in nearly 30 years now underway. Lieutenant Nazario asked why he had been stopped and why the officers had drawn their guns. The lawsuit and videos have also now caught the attention of local civil rights groups. Senator Tim Kaine have all released statements condemning the actions of the two officers and called for a criminal investigation into the incident. 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. 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. At that time, when he was safe to drive, he would be free to go, Gutierrez 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 that was seeking $1 million in compensatory damages. 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. When he stopped, a Windsor police officer ordered Lieutenant Nazario, then 27, to get out of his car. If you need to file a police report, call dispatch at 707-565-2121. On Jan. 10, day two of the trial, Nazario continued his testimony. Lieutenant Nazario is gratified by the outpouring of support this weekend for the civil rights lawsuit he filed last week, says a statement from Thomas H. Roberts & Associates, P.C. Nazario was not charged in the incident. After five full days of jury deliberation, a verdict was reached on Tuesday in the $1 million lawsuit filed . Notifications can be turned off anytime in the browser settings. 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. 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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 lawsuit by 2nd Lt. Caron Nazario, who is Black and Latino, is seeking $1 million in compensatory damages, claiming two Windsor, Virginia, police officers violated his rights guaranteed under . Windsor is one of nearly 100 Virginia communities to receive federal grants encouraging tickets. Windsor police officers for a controversial December 2020 traffic stop. 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. Monday night, News 3 learned Crocker has joined Gutierrez asking a judge to dismiss the complaint regarding the claim for First Amendment violation. CNN Sans & 2016 Cable News Network. 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. PTSD symptoms, according to the American Psychiatric Association, include nightmares or flashbacks, feeling detached or estranged. Nazario also expressed worry that his dog was choking from its kennel in the back of the SUV. Gutierrez yelled at Nazario that he was fixin to ride the lightning, which the complaint states is an expression for execution. Notifications can be turned off anytime in the browser settings. 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. This material may not be published, broadcast, rewritten, or redistributed. appreciated. Bell will look at all the evidence from the December traffic stop. The community they serve is nearly 30 square miles with a population of 28,500 citizens. "I'm honestly afraid to get out," Nazario said during the traffic stop. . * Traffic Enforcement. Jane Harper, The Virginian-Pilot. pepper sprayed, pushed to the ground and handcuffed. I was shocked and immediately concerned for my safety, Nazario testified. Nazario uttered several expletives and said he cant breathe as Gutierrez demanded him to get out of his car. 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. Dont look away. He was cleared of all other charges. 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. 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. 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. [Related coverage: Police videos like the Windsor one that went viral usually stay secret in Virginia]. 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. Sonny Stallings is a criminal lawyer in Virginia Beach. The jury found Gutierrez guilty of assault and must pay him $2,685 in damages, no malice. 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 most important thing about today is we have a green light to begin the intense discovery that we plan to do," he said. Your effort and contribution in providing this feedback is much Example video title will go here for this video. 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. Arthur said Nazarios Fourth Amendment rights were violated when officers exercised and unreasonable use of force and temporarily seized Nazarios gun. Download the free 8News and StormTracker 8 mobile apps! Im honestly afraid to get out of the car, he said, as he stayed in his seat. 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.". 2. The lawsuit was filed Friday. 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. He was cleared of all false imprisonment, illegal search, and battery charges. The officers faced four counts: assault, battery, false imprisonment and illegal search. Requests for comment from the Town of Windsor police chief and town manager were not immediately returned Friday. Two Windsor police officers are facing a civil lawsuit that alleges they acted aggressively towards a minority, uniformed Army officer during a traffic stop. Initially Nazario, who is Black and Latino and was wearing his service uniform, turned on his cell phone camera to record the incident. An attorney for Crocker commended the jurys decision Tuesday. His attorney told 10 On Your Side he was scared and also confused by conflicting directions from the two officers. 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 Town of Windsor announced Sunday night that Gutierrez had been terminated from the police force following an internal investigation. Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. 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. "Citizens will not rest assured that scenes like this are not repeated with impunity. 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? 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 Virginian-Pilot was the first to report on the lawsuit and release the body camera footage, which quickly went viral. In April, Lieutenant Nazario filed a lawsuit in the U.S. District Court for the Eastern District of Virginia. Newsfeed Now: Biden unveils $1.75 trillion spending, Newsfeed Now: Democrats push to wrap up negotiations, Newsfeed Now: FDA panel backs Pfizers low-dose COVID-19, Newsfeed Now: Industry peers angry over deadly movie, Newsfeed Now: Infrastructure Bill drawing toward, Newsfeed Now: FBI IDs remains of Brian Laundrie;, Newsfeed Now: FBI finds remains at Florida reserve, Newsfeed Now: School official under fire for Holocaust, Newsfeed Now: Gabby Petitos family wants vengeance, Newsfeed Now: Family says Gen. 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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. Let's talk about the Meteorological Winter that wasn't. 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. The attorney generals lawsuit seeks several remedies, including a court order barring Windsor Police Department from engaging in discriminatory law enforcement activities, court-ordered policy changes in the department and selecting a third party to monitor it at its own expense to ensure compliance with the Virginia Human Rights Act, Virginia Public Integrity and Law Enforcement Misconduct Act, and the U.S. Constitution. Gutierrez said the chief confirmed Nazario didnt have to be charged with obstruction of justice and not having license plates displayed. In court, lawyers for the officers argued Nazario continued driving for 1.1 miles after Crocker initiated his lights and sirens and did not pull over at a number of potential locations, WTVR reported. The Windsor Police Department is dedicated in their continuing efforts to work with and within the community, striving for a safe . Holiday Closures Announced for Town of Windsor Facilities. As officers began to speak with him about the traffic stop, they asked if he had any weapons in his vehicle. Gutierrez responded to the scene when Crocker reported a felony traffic stop to dispatchers. This material may not be published, broadcast, rewritten, or redistributed. The federal case began Monday in Richmond, with testimony [] Herrings investigation of the towns traffic stops was conducted in response to a 2020 stop involving Army Lt. Caron Nazario, a Black and Latino man who had guns drawn on him and was pepper sprayed by two Windsor police officers. It would . By the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker. 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. #BlackLivesMatter pic.twitter.com/Qa27El356s, A U.S. Army officer filed a federal civil lawsuit against police officers who pepper-sprayed and assaulted him. 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. The police department provides law enforcement services to the Town of Windsor including but not limited to: * Patrol Duties. 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. 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. Herring to file this lawsuit, except perhaps for the sake of headlines, which he will surely receive, the statement said. A judge will decide whether there is merit to throw out the First Amendment claim in the case. In June, Virginia State Police handed its investigation over to Hamptons Commonwealths Attorney Anton Bell. There was a temporary tag displayed in the tinted rear window. Miyares said through a spokeswoman Tuesday that the lawsuit remains pending and he had no comment on it at this time. 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