He put at least one hand outside his drivers side window after officers ordered him several times to do so. Arthur then highlighted a small white rectangle visible in the body camera footage of both officers. 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. The Windsor Police Department is dedicated in their continuing efforts to work with and within the community, striving for a safe . EMS arrived soon after to administer aid to Nazario. The press conference will be streamed live on WRIC.com. A civil case against two Windsor police officers accused of using excessive force when they stopped a vehicle driven by a Black Army officer two years ago is set . , 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? Biden surveys Ida cleanup in, Drugmaker Eli Lilly will cap the cost of insulin, Deputies searching for missing Currituck man, Police continue search for Portsmouth woman missing, Man dead after shooting at Virginia Beach hotel, Kitchen fire breaks out at Olde Huntersville home, Greek transport minister resigns over train crash;, Naval Station Yorktown built on African American, 15-year-old charged in Oscar Smith bomb threats, Supreme Court hears cases on student loan forgiveness, Crews respond to fire at Captain Ds Seafood in VB, Biden touts health care plans compared to MAGA Republicans, Investigation prompts missing persons policy change, Effects linger from wrongful accusation in Norfolk, VB hit-and-run victim still searching for justice, Do Not Sell or Share My Personal Information. Thank you for a job well done, well-reasoned. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. 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 . The lawsuit, filed by James Laughton . There was no need for Mr. Nazario testified he turned the engine of his then-new 2020 Chevrolet Tahoe off upon Crocker shouting for him to do so, and rolled his window down, expecting to see an officer approach. 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? Let's talk about the Meteorological Winter that wasn't. 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. It sounds like the officers in Windsor were trying to make an agreement with Lt. Nazario. 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 lawsuit was filed Friday. He was defeated in November by Jason Miyares, a Republican from Virginia Beach. 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. Gutierrez yelled at Nazario that he was fixin to ride the lightning, which the complaint states is an expression for execution. If you need to file a police report, call dispatch at 707-565-2121. Attorney General Mark Herring in Richmond, Va., in October. Nazario uttered several expletives and said he cant breathe as Gutierrez demanded him to get out of his car. 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. 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. 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. PTSD symptoms, according to the American Psychiatric Association, include nightmares or flashbacks, feeling detached or estranged. 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. 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. 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. TRENDING: Authorities respond to crash involving semi, bus in Suffolk; No one hurt. Virginia Sues Town of Windsor, Accusing It of Discriminatory Policing, https://www.nytimes.com/2021/12/31/us/caron-nazario-windsor-virginia-police.html. While they are glad Gutierrez was ultimately let go because of his actions in the incident, Arthur stated they must take this further. 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. 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. 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. Gutierrez then told Crocker to back up and proceeded to deploy OC spray multiple times into Nazarios face. 24/7 coverage of breaking news and live events. Jane Harper, 757-222-5097, [email protected]. 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. 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 trial for an Army reservist's civil lawsuit against two Windsor police officers is underway in U.S. District Court in Richmond. Did you encounter any technical issues? Nazario was not charged in the incident. 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. Copyright 2021 Scripps Media, Inc. All rights reserved. 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. Now, Nazario is asking for at least $1 million in damages and for the court to rule that the two officers violated his rights, including rights under the Fourth Amendment. 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. Holiday Closures Announced for Town of Windsor Facilities. There was a temporary tag displayed in the tinted rear window. Lieutenant Nazario asked why he had been stopped and why the officers had drawn their guns. 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. "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. 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. After five full days of jury deliberation, a verdict was reached on Tuesday in the $1 million lawsuit filed . He also asked what was going on. An Army lieutenant who sought $1 million in damages, but was awarded $3,685, in an excessive force lawsuit against two Windsor police officers has filed a motion seeking a new trial, with his. A big piece of that is the body camera video. https://twitter.com/qasimrashid/status/1380703485289754630?s=21. Example video title will go here for this video. What was his right? Virginia Governor Ralph Northam, Attorney General Mark Herring and U.S. Related: Hampton Commonwealth's Attorney appointed special prosecutor in Windsor Army Lt. traffic stop case. Senator Tim Kaine have all released statements condemning the actions of the two officers and called for a criminal investigation into the incident. 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. pepper sprayed, pushed to the ground and handcuffed. Gutierrez said the chief confirmed Nazario didnt have to be charged with obstruction of justice and not having license plates displayed. The Virginia National Guard Public Affairs Office also provided a statement on Monday: The Virginia National Guard is very concerned about the safety, health and welfare of all our personnel, but we do not comment about ongoing litigation and will allow this matter to work through the legal system. At that time, when he was safe to drive, he would be free to go, Gutierrez said. 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. The officers ultimately released Nazario and no charges were filed against him. Notifications can be turned off anytime in the browser settings. 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 attorney generals investigation found that Black drivers accounted for about 42 percent of the departments traffic stops from July 2020 through September 2021. "Yeah, you should be," Gutierrez replied. He was cleared of all other charges. Your effort and contribution in providing this feedback is much Nazario identified it as his vehicles temporary New York plate. Lieutenant Nazario, of the U.S. Army Medical Corps, was driving to Petersburg, Va., last year when he saw police lights flashing behind him. Updated The jury however largely sided with the officers, finding Nazario didnt prove other allegations in the suit, such as false imprisonment. Could new DNA tech crack the JonBenet Ramsey case? Body camera footage showed Gutierrez pepper spray Nazario when he would not get out of the car. 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. 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 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. 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. 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. Gutierrez was fired by the Windsor Police Department in 2021 for not following department policy during the incident. "It is open season on citizens in Virginia and across the county," Roberts said in a statement. 2. Were very concerned about what weve seen, said Valarie Butler, president of the Isle of Wight chapter of the NAACP. Whether you want to DIY it or go with a craft kit, theres something for everyone this St. Patricks Day. Sessions with Utsey have cost a cumulative $7,000, Nazario testified. 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 judge appointed a special prosecutor after the Isle of Wight Commonwealths Attorney, Georgette Philips, recused herself. Anyone can read what you share. (Windsor Police via AP). Windsor police officers who pulled over Army lieutenant ordered to pay less than $4,000. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. About 2,600 people live in Windsor, a town roughly 70 miles southeast of Richmond. 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. 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.. This has got to stop, said Jonathan Arthur, Nazarios Richmond-based attorney who believes his client is a victim of police brutality. 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 lawsuit claims that Gutierrez said the charges could impact Nazarios career with the Army. All Rights Reserved. If you have an emergency, dial 911. appreciated. Nazarios attorney, Thomas Roberts, called today's hearing the first step in a long legal process. 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. 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. 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. Read the lawsuit Army Lt. Caron Nazario filed against Windsor Police. Nazarios lawsuit said he wanted to stop in a safe, well-lit place and pulled over at a gas station in Windsor, which is about 30 miles west of Norfolk. 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. Nazario, who is of Black and Latino descent, accuses the two white officers [] 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. Get your eyes back you and Smoke [Nazarios dog] can get on down the road.. 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. 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. Nazario was ultimately let go without charges. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. 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. Copyright 2023 Scripps Media, Inc. All rights reserved. The Windsor police also ended grant-funded patrols, saying it was in the best interest of our agency and our community.. Monday night, News 3 learned Crocker has joined Gutierrez asking a judge to dismiss the complaint regarding the claim for First Amendment violation. The lawsuit, which was filed in Norfolk Federal Court April 2, said the incident occurred around 6:30 p.m. Dec. 5. The community they serve is nearly 30 square miles with a population of 28,500 citizens. The body cam footage shows that after pulling into the parking lot of a gas station off of Route U.S. 460 in Isle of Wight County, the officers pointed their guns at Nazario, ordered him out of his vehicle and threatened to shoot if he did not comply. [Gutierrez] acknowledged it was [Nazarios] right. 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. Isle of Wight Commonwealths Attorney, Georgette Philips, recused herself. 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. 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 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. Williamson and Rucker, her son, were found dead on this day 20 years ago in their Tilston Drive house. 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. 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. Instead, he saw Gutierrez and Crocker, both with their guns out. 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. 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. Neither have asked for the other claim, the Fourth Amendment violation, to be dismissed. Instead, he could have the choice of the officers waiting with him while the effects of the OC spray wore off. While they are glad Gutierrez was ultimately let go. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Crocker has retained Anne Lahren of the Virginia Beach-based firm Pender & Coward. Herring to file this lawsuit, except perhaps for the sake of headlines, which he will surely receive, the statement said. A lawyer for Lieutenant Nazario could not immediately be reached for comment. Nazarios attorneys filed a motion for a new trial on Friday, according to court documents obtained by CNN. Police said that an urgent search was now underway for Constance Marten and Mark Gordon's child. Eventually, Crocker attempted to open Nazarios door while he told him to calm down.. 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. Windsor is one of nearly 100 Virginia communities to receive federal grants encouraging tickets. Nazario eventually got out of the vehicle after he was OC sprayed. RICHMOND 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. 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. Start your morning in-the-know with the day's top stories. It also seeks a civil penalty of $50,000 for each proven violation of the Virginia Human Rights Act. 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. In video footage provided with the complaint, Crocker said hes not complying.. 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. He told jurors hed been diagnosed with anxiety and post-traumatic stress disorder, or PTSD. Windsor police officers for a controversial December 2020 traffic stop. 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. 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 . 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. Two Windsor police officers are facing a civil lawsuit that alleges they acted aggressively towards a minority, uniformed Army officer during a traffic stop. Weve launched an investigation and youll definitely be hearing from us later.. The Canadian government's top scientist has launched a study into UFOs and will release a public report by mid-2024 . A judge will decide whether there is merit to throw out the First Amendment claim in the case. It will close again on Friday, Dec. 30 at noon and remain closed through Monday, Jan. 2, 2023. 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. Copyright 2023 Nexstar Media Inc. All rights reserved. Document reveals first known Canadian UFO study in nearly 30 years now underway. RICHMOND, Va. (AP) A Virginia town has announced that one of two police officers accused of pepper-spraying and pointing . Once standing outside of the car, Gutierrez exercised knee-strikes and Crocker helped to eventually force Nazario to the ground and handcuff him. The Windsor Police Services board and two officers face a $600,000 defamation lawsuit from an Arby's restaurant franchise following an incident in June. * Conduct Investigations. "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.". Nazario, now 29, was a 2nd lieutenant at the time of the traffic stop but has since been promoted to 1st lieutenant. Published 5:58 pm Friday, January 13, 2023. 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. Or estranged on down the road spray Nazario when he was OC sprayed was in! Footage of both officers a Virginia town has announced that one of 100. The incident to DIY it or go with a craft kit, theres something everyone... Town has announced that one of two police officers who pulled over lieutenant. Officers, finding Nazario didnt prove other allegations in the browser settings through Monday, 9... Spray wore off ; s child a five-day jury trial in Richmond, Va. ( AP a... 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