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. In body camera footage, Gutierrez told Nazario that if he had just complied he would have been gone by now.. Gutierrez responded to the scene when Crocker reported a felony traffic stop to dispatchers. 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. It will close again on Friday, Dec. 30 at noon and remain closed through Monday, Jan. 2, 2023. Nazario, who is of Black and Latino descent, accuses the two white officers [] , 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? 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. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . Discovery Company. 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. Document reveals first known Canadian UFO study in nearly 30 years now underway. Windsor Police Chief Rodney "Dan" Riddle did not respond to a request for. 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. Lieutenant Nazario, of the U.S. Army Medical Corps, was driving to Petersburg, Va., last year when he saw police lights flashing behind him. Arthur said Nazarios Fourth Amendment rights were violated when officers exercised and unreasonable use of force and temporarily seized Nazarios gun. Requests for comment from the Town of Windsor police chief and town manager were not immediately returned Friday. Video footage of the incident, which went viral in April 2021 and led to Gutierrezs firing, culminates with Gutierrez repeatedly pepper-spraying Nazario and using knee strikes to force the lieutenant out of the car and onto the ground. 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. If you have an emergency, dial 911. Initially Nazario, who is Black and Latino and was wearing his service uniform, turned on his cell phone camera to record the incident. The jury however largely sided with the officers, finding Nazario didnt prove other allegations in the suit, such as false imprisonment. 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. This material may not be published, broadcast, rewritten, or redistributed. 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.". 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 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. The Isle of Wight branch and the Virginia NAACP plans to hold a press conference at 6 p.m. Monday to address the incident. "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. Gutierrez was ordered to pay $2,685 in damages, no malice, under liability for assault. 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. 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. (AP). Biden announces aggressive new, Newsfeed Now: Biden to launch new plan against COVID-19, Newsfeed Now: Health experts concerned about COVID-19, Newsfeed Now: Pres. In this image made from Windsor, Va., Police video, a police officer speaks with Caron Nazario during a traffic stop, Dec. 20, 2020, in Windsor, Va. Watch it anyway. Virginia Sues Town of Windsor, Accusing It of Discriminatory Policing, https://www.nytimes.com/2021/12/31/us/caron-nazario-windsor-virginia-police.html. Let's talk about the Meteorological Winter that wasn't. As officers began to speak with him about the traffic stop, they asked if he had any weapons in his vehicle. Gutierrez is represented by Jessica Swauger and Coreen Silverman of the Glen Allen firm Hancock, Daniel & Johnson. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. 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. Could new DNA tech crack the JonBenet Ramsey case? In police body camera video, they pulled out their guns, told him to get out of the car even though he was scared, and eventually, Gutierrez pepper sprayed him. Weve launched an investigation and youll definitely be hearing from us later.. Gutierrez was fired by the Windsor Police Department in 2021 for not following department policy during the incident. He was cleared of all other charges. "Williamson was found beaten to death in the . Roberts said there is a chance the town of Windsor and Windsor Police Chief Rodney Riddle could be added as defendants in the case. "It is open season on citizens in Virginia and across the county," Roberts said in a statement. News 3 reached out to Gutierrezs attorneys and did not hear back. The officers faced four counts: assault, battery, false imprisonment and illegal search. Stay with 8News for updates and continuing coverage of this story. By the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker. The suit comes after a monthslong investigation, which Attorney General Mark Herring said uncovered a pattern of discriminatory, unconstitutional policing.. Windsor police issue crime alert in area on city's east end . 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. On Jan. 10, day two of the trial, Nazario continued his testimony. Young ruled in August that Crockers removal of a firearm from Nazarios car to check its serial number constituted an illegal search. "Citizens will not rest assured that scenes like this are not repeated with impunity. Notifications can be turned off anytime in the browser settings. Sonny Stallings is a criminal lawyer in Virginia Beach. The Associated Press contributed to this report. The jury found Gutierrez guilty of assault and must pay him $2,685 in damages, no malice. He was commissioned as an officer in December 2016 when he graduated from Virginia State University. Windsor police officers for a controversial December 2020 traffic stop. Were very concerned about what weve seen, said Valarie Butler, president of the Isle of Wight chapter of the NAACP. The lawsuit claims that Gutierrez said the charges could impact Nazarios career with the Army. Too often, officers will support their colleagues, right or wrong, at the cost of innocent civilians.. 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. Nazario also expressed worry that his dog was choking from its kennel in the back of the SUV. Arthur then highlighted a small white rectangle visible in the body camera footage of both officers. He was cleared of all other charges. Nazarios attorneys filed a motion for a new trial on Friday, according to court documents obtained by CNN. While they are glad Gutierrez was ultimately let go because of his actions in the incident, Arthur stated they must take this further. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. Gutierrez was fired in 2021 following an investigation into the use of force during the incident and Crocker remains on the force. Copyright 2023 Nexstar Media Inc. All rights reserved. Caesars Windsor is celebrating 15 years of headline entertainment with a popular comedian and actor. In body camera video, Crocker said he could not see a visible rear license plate on Nazarios SUV when he initiated the traffic stop. In making these erroneous and conclusory allegations Plaintiff has attempted to put blinders on this court and by stating conclusions that are totally untrue, Conrad wrote in the court filing. Crocker had pulled Nazario over for allegedly lacking a rear license plate. 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. Video of police stop involving Lt. Caron Nazario. 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. 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. 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 officers for a controversial December 2020 traffic stop. RICHMOND, Va. (WRIC) The law firm representing Virginia National Guard Lt. Caron Nazario, shown in a viral video having guns drawn on him and being pepper-sprayed by officers from the Windsor, Virginia, Police Department, released a statement on Monday thanking those whove shown support of a civil rights lawsuit filed against the two policemen in Norfolk federal court. 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. * K9 Unit. 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. 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. 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. 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. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. 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. 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. Warning: this is hard to watch. 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. 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. Nazario was not charged in the incident. "The most important thing about today is we have a green light to begin the intense discovery that we plan to do," he said. One of the officers wrote in the police report that Nazario eluded police because he didn't stop right away. Lt. Caron Nazario, of Latinx and African American descent, alleges that his constitutional rights were violated and race played a role. Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. They'll resume Jan. 17. Virginias attorney general, Mark Herring, are assisting Somali soldiers fighting Al Shabab, and by a health care system that utterly failed him, The case has irritated U.S. relations with a crucial military ally, one of nearly 100 Virginia communities to receive federal grants encouraging tickets. 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. The Windsor Police came under scrutiny after an incident in December 2020, when police officers threatened and pepper sprayed Caron Nazario, a Black and Latino military officer, at a traffic stop, an encounter that was caught on camera. Copyright 2021 Scripps Media, Inc. All rights reserved. The Town of Windsor announced Sunday night that Gutierrez had been terminated from the police force following an internal investigation. 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 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. 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 . You should be.. 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.. 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 used a slang term to suggest he was facing execution. That number was much higher than expected based on the number of Black residents in the town, the office said. He put at least one hand outside his drivers side window after officers ordered him several times to do so. If not, it will go on to a jury. When he stopped, a Windsor police officer ordered Lieutenant Nazario, then 27, to get out of his car. 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. 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. The lawsuit was filed in April after an internal investigation was completed, with the public raising major concerns about the incident. The officers ultimately released Nazario and no charges were filed against him. Jane Harper, 757-222-5097, jane.harper@pilotonline.com. * Security for Special Events. The other officer named in the lawsuit, Daniel Crocker, was also on the scene. 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. 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. He also asked what was going on. He was pulled over, pepper sprayed, and arrested without explanation.This is racism. 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