Two Windsor police officers are facing a civil lawsuit that alleges they acted aggressively towards a minority, uniformed Army officer during a traffic stop. At that time, when he was safe to drive, he would be free to go, Gutierrez said. Gutierrez then said that he had spoken with the chief of police because Nazario had asked for a supervisor. What was his right? 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. He agrees that Nazario has a case. 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. Warning: this is hard to watch. This material may not be published, broadcast, rewritten, or redistributed. Initially Nazario, who is Black and Latino and was wearing his service uniform, turned on his cell phone camera to record the incident. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Im honestly afraid to get out of the car, he said, as he stayed in his seat. Download the free 8News and StormTracker 8 mobile apps! If you have an emergency, dial 911. 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. 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. Nazario later told the officers he wanted to stop in a well-lit area. It's the latest development in a case prompted by a traffic stop involving Nazario and Windsor Officers Gutierrez and Daniel Crocker. This material may not be published, broadcast, rewritten, or redistributed. Crocker had pulled Nazario over for allegedly lacking a rear license plate. Virginia Governor Ralph Northam, Attorney General Mark Herring and U.S. This material may not be published, broadcast, rewritten, or redistributed. He told jurors hed been diagnosed with anxiety and post-traumatic stress disorder, or PTSD. By the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker. Example video title will go here for this video. 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. 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 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. Nazario was ultimately let go without charges. 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. 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 . Arthur then highlighted a small white rectangle visible in the body camera footage of both officers. 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. 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. The officers faced four counts: assault, battery, false imprisonment and illegal search. Windsor got $15,750 to target speeders. Get the Android Weather app from Google Play, Virginias superintendent of public instruction resigns, VBDPH to host free COVID-19 vaccination clinic Mar. 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. His attorney told 10 On Your Side he was scared and also confused by conflicting directions from the two officers. Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. 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 . If you need to file a police report, call dispatch at 707-565-2121. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. Nazario, who is of Black and Latino descent, accuses the two white officers [] Notifications can be turned off anytime in the browser settings. This material may not be published, broadcast, rewritten, or redistributed. 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. They took a lot of time with this decision. Your effort and contribution in providing this feedback is much 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. Could new DNA tech crack the JonBenet Ramsey case? Arthur said the lawsuit was filed in federal court because it alleges Nazario's constitutional rights were violated. BELOW: Body camera footage from Gutierrez. Thank you for a job well done, well-reasoned. He still works with Windsor Police. A Warner Bros. Authorities respond to crash involving semi, bus in Suffolk; No one hurt. A judge appointed a special prosecutor after the Isle of Wight Commonwealths Attorney, Georgette Philips, recused herself. Nazarios sessions with Sellman over a year have cost him a cumulative $16,000. . 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. The lawsuit also ignores warnings posted on the Virginia Community Policing Act Data Collection website about how the presence of a major thoroughfare in an area can skew data collection, the response said. 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. Updated: 4:19 PM EST February 11, 2022. If not, it will go on to a jury. 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. There was no need for Mr. I was shocked and immediately concerned for my safety, Nazario testified. 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. 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. 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. Gutierrez said the chief confirmed Nazario didnt have to be charged with obstruction of justice and not having license plates displayed. 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. Eventually, Crocker attempted to open Nazarios door while he told him to calm down.. Gutierrez yelled at Nazario that he was fixin to ride the lightning, which the complaint states is an expression for execution. On Jan. 10, day two of the trial, Nazario continued his testimony. By submitting your email to receive this newsletter, you agree to our. 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. * Traffic Enforcement. CNN Sans & 2016 Cable News Network. "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. 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. Lt. Caron Nazario, of Latinx and African American descent, alleges that his constitutional rights were violated and race played a role. Published 5:58 pm Friday, January 13, 2023. Herring to file this lawsuit, except perhaps for the sake of headlines, which he will surely receive, the statement said. 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. TRENDING: Authorities respond to crash involving semi, bus in Suffolk; No one hurt. 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. An attorney for Crocker commended the jurys decision Tuesday. 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. Did you encounter any technical issues? Senator Tim Kaine have all released statements condemning the actions of the two officers and called for a criminal investigation into the incident. Windsor is one of nearly 100 Virginia communities to receive federal grants encouraging tickets. WINDSOR, Va. 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