In this image made from Windsor, (Va.) Police video, A police officer uses a spray agent on Caron Nazario on Dec. 20, 2020, in Windsor, Va. Nazario, a second lieutenant in the U.S. Army, is suing two Virginia police officers over a traffic stop during which he says the officers drew their guns and pointed them at him as he was dressed in uniform. Police said that an urgent search was now underway for Constance Marten and Mark Gordon's child. Bell will look at all the evidence from the December traffic stop. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. The officers faced four counts: assault, battery, false imprisonment and illegal search. Nazario, who is of Black and Latino descent, accuses the two white officers [] 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. It would . Crocker was liable for an illegal search, no malice. 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.. One of the officers wrote in the police report that Nazario eluded police because he didn't stop right away. There was a temporary tag displayed in the tinted rear window. 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. 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. EMS arrived soon after to administer aid to Nazario. 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. 2. If you have an emergency, dial 911. He was cleared of all other charges. Well sit here with you. Instead, he saw Gutierrez and Crocker, both with their guns out. Anyone can read what you share. It also seeks a civil penalty of $50,000 for each proven violation of the Virginia Human Rights Act. 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. 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. 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. 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. 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. Trial begins for Virginia police officers being sued by Army officer over traffic stop. Williamson and Rucker, her son, were found dead on this day 20 years ago in their Tilston Drive house. 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. The Virginian-Pilot was the first to report on the lawsuit and release the body camera footage, which quickly went viral. The lawsuit was filed in April after an internal investigation was completed, with the public raising major concerns about 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 . Isle of Wight Commonwealths Attorney, Georgette Philips, recused herself. Gutierrez was then fired. 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. Senator Tim Kaine have all released statements condemning the actions of the two officers and called for a criminal investigation into the incident. 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. Notifications can be turned off anytime in the browser settings. Im honestly afraid to get out of the car, he said, as he stayed in his seat. pic.twitter.com/YbqLAfa2w4, Army Lt. Nazario was driving his new car home. That number was much higher than expected based on the number of Black residents in the town, the office said. The attorney generals investigation found that Black drivers accounted for about 42 percent of the departments traffic stops from July 2020 through September 2021. 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. 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. 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. In April, Lieutenant Nazario filed a lawsuit in the U.S. District Court for the Eastern District of Virginia. 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. Example video title will go here for this video. 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. Caron Nazario was never arrested. Instead, he could have the choice of the officers waiting with him while the effects of the OC spray wore off. Holiday Closures Announced for Town of Windsor Facilities. . Virginia attorney general sues town over police treatment of Black people after Caron Nazario investigation. Roberts said there is a chance the town of Windsor and Windsor Police Chief Rodney Riddle could be added as defendants in the case. Notifications can be turned off anytime in the browser settings. 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. He accused the officers of illegally searching his car, using excessive force and violating his rights under the First and Fourth Amendments. Tom Roberts, one of Nazarios lawyers, says this conversation is at the crux of the lawsuit. The press conference will be streamed live on WRIC.com. 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. The Town of Windsor announced Sunday night that Gutierrez had been terminated from the police force following an internal investigation. 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. Read the lawsuit Army Lt. Caron Nazario filed against Windsor Police. The officer then pepper-sprayed Nazario, exercised knee-strikes to his legs and placed him handcuffs. "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. Herring to file this lawsuit, except perhaps for the sake of headlines, which he will surely receive, the statement said. Updated: 4:19 PM EST February 11, 2022. He was ordered to pay $1,000 in punitive damages and the jury did not find him guilty of false imprisonment, assault, or battery. Arthur said this was threating retaliation if Nazario complained about the incident. 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. Updated: 1:44 PM EST January 9, 2023. 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. Nazario later told the officers he wanted to stop in a well-lit area. appreciated. Could new DNA tech crack the JonBenet Ramsey case? 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. Crocker has retained Anne Lahren of the Virginia Beach-based firm Pender & Coward. The officers ultimately released Nazario and no charges were filed against him. He told jurors hed been diagnosed with anxiety and post-traumatic stress disorder, or PTSD. 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.. 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. It can occur as a result of living through combat, rape, a natural disaster, historical trauma, domestic violence or bullying. An attorney for Crocker commended the jurys decision Tuesday. News 3 reached out to Gutierrezs attorneys and did not hear back. 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. "We will be issuing subpoenas and written questions that have to be answered under oath by the defendants and we will ask for documents that they need to produce.". (Photo by Oliver Contreras/SIPA USA)(Sipa via AP Images). 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. * Conduct Investigations. On Jan. 10, day two of the trial, Nazario continued his testimony. While they are glad Gutierrez was ultimately let go because of his actions in the incident, Arthur stated they must take this further. 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. 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. He was pulled over, pepper sprayed, and arrested without explanation.This is racism. Gutierrez is represented by Jessica Swauger and Coreen Silverman of the Glen Allen firm Hancock, Daniel & Johnson. "I'm honestly afraid to get out," Nazario said during the traffic stop. He agrees that Nazario has a case. Example video title will go here for this video. 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 lawsuit, which was filed in Norfolk Federal Court April 2, said the incident occurred around 6:30 p.m. Dec. 5. 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. 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. "It is open season on citizens in Virginia and across the county," Roberts said in a statement. 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. 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. Gutierrez then told Crocker to back up and proceeded to deploy OC spray multiple times into Nazarios face. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. In April, an officer involved in the stop, Joe Gutierrez, was fired from the police department. Nazario was ultimately let go without charges. Nazario was not charged in the incident. 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. 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. 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 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. The officers pulled over Nazario on the evening of Dec. 5, 2020. 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. Murdoch made the admission during a deposition in a $1.6bn lawsuit brought by a voting . 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? 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. A big piece of that is the body camera video. The lawsuit by 2nd Lt. 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