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. 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. Lieutenant Nazario, of the U.S. Army Medical Corps, was driving to Petersburg, Va., last year when he saw police lights flashing behind him. 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. 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 . 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 officers ultimately released Nazario and no charges were filed against him. Example video title will go here for this video. appreciated. Williamson and Rucker, her son, were found dead on this day 20 years ago in their Tilston Drive house. 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. 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. 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. TRENDING: Authorities respond to crash involving semi, bus in Suffolk; No one hurt. Body camera footage showed Gutierrez pepper spray Nazario when he would not get out of the car. If you have an emergency, dial 911. Nazario, who is of Black and Latino descent, accuses the two white officers of racially motivated police brutality while holding him at gunpoint during a Dec. 5, 2020, traffic stop and shouting conflicting commands at him to keep his hands out of his cars window and exit the vehicle. 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. 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. 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. NORFOLK, Va. The five-day trial in Army Lt. Caron Nazario's lawsuit against two Windsor police officers captured on camera pepper-spraying and threatening him during a traffic stopwill start March 28. EMS arrived soon after to administer aid to Nazario. [Related coverage: Police videos like the Windsor one that went viral usually stay secret in Virginia]. 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. While they are glad Gutierrez was ultimately let go. 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. By the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker. 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On Friday, the statement sent by Chief Riddle said that the police department practices nondiscriminatory policing and has taken additional steps since the incident to increase training and accountability. 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. Nazarios sessions with Sellman over a year have cost him a cumulative $16,000. . 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. He was cleared of all other charges. 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. 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. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . 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. 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. Herring to file this lawsuit, except perhaps for the sake of headlines, which he will surely receive, the statement said. 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. This material may not be published, broadcast, rewritten, or redistributed. 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. 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. Rishi Sunak's Windsor Framework, the new Brexit package for Northern Ireland, is the result of months of painstaking negotiation.. 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. The officers faced four counts: assault, battery, false imprisonment and illegal search. Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. Thats when he activated the video camera on his cellphone to record the encounter. 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. In April, an officer involved in the stop, Joe Gutierrez, was fired from the police department. Gutierrez yelled at Nazario that he was fixin to ride the lightning, which the complaint states is an expression for execution. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. 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. 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. Roberts said there is a chance the town of Windsor and Windsor Police Chief Rodney Riddle could be added as defendants in the case. Download the free 8News and StormTracker 8 mobile apps! 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. 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. 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. 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. "Williamson was found beaten to death in the . This has got to stop, said Jonathan Arthur, Nazarios Richmond-based attorney who believes his client is a victim of police brutality. Gutierrez then said that he had spoken with the chief of police because Nazario had asked for a supervisor. 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. Caron Nazario is seen in this still image from body camera footage holding his hands up during the traffic stop in Windsor, Virginia. A judge will decide whether there is merit to throw out the First Amendment claim in the case. 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. His attorney told 10 On Your Side he was scared and also confused by conflicting directions from the two officers. 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. 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 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. Gutierrez was ordered to pay $2,685 in damages, no malice, under liability for assault. It also seeks a civil penalty of $50,000 for each proven violation of the Virginia Human Rights Act. They knew they were in the wrong and they threatened to ruin the mans career if he called them out on it, 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. Copyright 2023 Scripps Media, Inc. All rights reserved. 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. A portion of the body camera video recorded during the stop captures Gutierrez speaking to Nazario after tensions calmed and he was waiting for the effects of the pepper spray to wear off. pic.twitter.com/YbqLAfa2w4, Army Lt. Nazario was driving his new car home. Nazario stated that he wanted to pull over in a well-lit area. RICHMOND, Va. (AP) A Virginia town has announced that one of two police officers accused of pepper-spraying and pointing . He also said this was when the officers attitudes toward Nazario changed. Instead, he saw Gutierrez and Crocker, both with their guns out. From July 1, 2020, to Sept. 30, 2021, Windsor police conducted 1,907 traffic stops, in which 810 of the drivers were Black, according to the lawsuit, filed in circuit court in Isle of Wight County. They took a lot of time with this decision. Jane Harper, The Virginian-Pilot. 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. The attorney generals investigation found that Black drivers accounted for about 42 percent of the departments traffic stops from July 2020 through September 2021. He was cleared of all false imprisonment, illegal search, and battery charges. Gutierrez is represented by Jessica Swauger and Coreen Silverman of the Glen Allen firm Hancock, Daniel & Johnson. 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. Example video title will go here for this video. 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 then told Crocker to back up and proceeded to deploy OC spray multiple times into Nazarios face. Black residents account for between 9% to 22% of Windsors population, and about 22% of Isle of Wight Countys population, according to the lawsuit. 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. Nazario remained in the SUV with his two hands out the window. 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. Young ruled in August that Crockers removal of a firearm from Nazarios car to check its serial number constituted an illegal search. He was cleared of all other charges. 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. Kevin Hart is returning to The Colosseum stage on Sunday, May 21 at 8 p.m. with his "Reality . I was shocked and immediately concerned for my safety, Nazario testified. Nazarios attorney, Thomas Roberts, called today's hearing the first step in a long legal process. 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.. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . 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 . 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. The lawsuit and videos have also now caught the attention of local civil rights groups. You should be.. Windsor police officers for a controversial December 2020 traffic stop. 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. 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. Did you encounter any technical issues? 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. 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!. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. Police said that an urgent search was now underway for Constance Marten and Mark Gordon's child. Nazario also expressed worry that his dog was choking from its kennel in the back of the SUV. In body camera footage, Gutierrez told Nazario that if he had just complied he would have been gone by now.. Caron Nazario was never arrested. The lawsuit, which was filed in Norfolk Federal Court April 2, said the incident occurred around 6:30 p.m. Dec. 5. If you dont say anything, we wont say anything, implying that, If you do, were going to charge you with something.' 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