He agrees that Nazario has a case. An attorney for Crocker commended the jurys decision Tuesday. Additionally, the law enforcement community has considered seriously the failure of officers like Daniel Crocker to promptly intervene to end an unjust police-civilian encounter as it unfolds. Nazario said he did, and Crocker went into the vehicle to retrieve the gun, which Arthur, the attorney, contends was an illegal search. 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. 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. 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. 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. Copyright 2023 Scripps Media, Inc. All rights reserved. Example video title will go here for this video. 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.. That number was much higher than expected based on the number of Black residents in the town, the office said. While they are glad Gutierrez was ultimately let go. Sonny Stallings is a criminal lawyer in Virginia Beach. They knew they were in the wrong and they threatened to ruin the mans career if he called them out on it, Arthur said. Windsor police issue crime alert in area on city's east end . Gutierrez responded to the scene when Crocker reported a felony traffic stop to dispatchers. It would . 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.. Gutierrez was then fired. 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. Did you encounter any technical issues? , 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? Lieutenant Nazario asked why he had been stopped and why the officers had drawn their guns. He was cleared of all false imprisonment, illegal search, and battery charges. Caron Nazario is seen in this still image from body camera footage holding his hands up during the traffic stop in Windsor, Virginia. * Conduct Investigations. Windsor police officers who pulled over Army lieutenant ordered to pay less than $4,000. He still works with Windsor Police. 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. Neither have asked for the other claim, the Fourth Amendment violation, to be dismissed. Nazario was ultimately let go without charges. EMS arrived soon after to administer aid to Nazario. In body camera footage from Crocker, Nazario said nobody would choose charges. The other officer named in the lawsuit, Daniel Crocker, was also on the scene. 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. In body camera footage, Gutierrez told Nazario that if he had just complied he would have been gone by now.. Lt. Caron Nazario, of Latinx and African American descent, alleges that his constitutional rights were violated and race played a role. Senator Tim Kaine have all released statements condemning the actions of the two officers and called for a criminal investigation into the incident. 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. The attorney generals investigation found that Black drivers accounted for about 42 percent of the departments traffic stops from July 2020 through September 2021. Holiday Closures Announced for Town of Windsor Facilities. The suit seeks $1 million in damages from Joe Gutierrez and Daniel Crocker, alleging that the two officers violated Nazarios First and Fourth Amendment rights. They took a lot of time with this decision. This material may not be published, broadcast, rewritten, or redistributed. #BlackLivesMatter pic.twitter.com/Qa27El356s, A U.S. Army officer filed a federal civil lawsuit against police officers who pepper-sprayed and assaulted him. Murdoch made the admission during a deposition in a $1.6bn lawsuit brought by a voting . Updated: 4:19 PM EST February 11, 2022. 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 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 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. Nazarios lawyers point to a 2006 case where a Fourth Circuit Court of Appeals ruled that retaliatory action in the nature of speech that threatens, coerces or intimidates establishes a violation of an individual's First Amendment rights. Watch it anyway. Requests for comment from the Town of Windsor police chief and town manager were not immediately returned Friday. * School Resource Officer. Discovery Company. 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. RICHMOND, Va. (WRIC) A federal jury reached a verdict in a case against two Windsor police officers accused of conducting a violent traffic stop involving Virginia Army National Guard. The PM has been deeply involved in hammering out new terms . At one moment, Gutierrez said to Nazario, If you want to fight it and argue it and I dont mean that disrespectfully, okay you have that right as a citizen if thats what you want, well charge you, have you go to court, notify the [military] command, do all that, or we can take time out of our night, which is not a problem, were being paid to take care of you. Attorney General Mark Herring in Richmond, Va., in October. Stay with 8News for updates and continuing coverage of this story. If not, it will go on to a jury. 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. Roberts said there is a chance the town of Windsor and Windsor Police Chief Rodney Riddle could be added as defendants in the case. The police department provides law enforcement services to the Town of Windsor including but not limited to: * Patrol Duties. It sounds like the officers in Windsor were trying to make an agreement with Lt. Nazario. Nazario testified he didnt hear the ride the lighting statement correctly, and thought hed heard Gutierrez say see the light, which he took to mean death and the light of heaven. Crocker had pulled Nazario over for allegedly lacking a rear license plate. 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. Nazario later told the officers he wanted to stop in a well-lit area. "The most important thing about today is we have a green light to begin the intense discovery that we plan to do," he said. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . 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. Gutierrez then told Crocker to back up and proceeded to deploy OC spray multiple times into Nazarios face. Whether you want to DIY it or go with a craft kit, theres something for everyone this St. Patricks Day. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Footage of the December 5, 2020, traffic stop which was captured by several cameras, including both officers body cameras and Nazarios phone shows Nazario, who was in uniform, having guns pointed at him, being pepper-sprayed four times, wrestled to the ground and handcuffed. 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. A lawyer for Lieutenant Nazario could not immediately be reached for comment. In video footage provided with the complaint, Crocker said hes not complying.. [Related coverage: Police videos like the Windsor one that went viral usually stay secret in Virginia]. 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. The attorney general announced an investigation that month. 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. 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. 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. He also asked what was going on. Warning: this is hard to watch. 24/7 coverage of breaking news and live events. 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. 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. Windsor police officers for a controversial December 2020 traffic stop. 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. Weve launched an investigation and youll definitely be hearing from us later.. Crocker initiated the traffic stop after seeing a dark SUV with dark tinted windows and no license plate, police reports show. Copyright 2023 Nexstar Media Inc. All rights reserved. Eventually, Crocker attempted to open Nazarios door while he told him to calm down.. The Windsor Police Department is comprised of approximately 65 employees; 52 sworn officers and 10 civilians and dispatchers. Tom Roberts, one of Nazarios lawyers, says this conversation is at the crux of the lawsuit. 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. 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 jury awarded 2nd Lt. Caron Nazario a total of $3,685 in the lawsuit against Windsor, Virginia, police officers Joe Gutierrez and Daniel Crocker. As a subscriber, you have 10 gift articles to give each month. What was his right? 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. Nazarios sessions with Sellman over a year have cost him a cumulative $16,000. 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. Valerie Cofer Butler, the president of the N.A.A.C.P. 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. 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. 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. CNN Sans & 2016 Cable News Network. CNNs Jennifer Feldman, Natasha Chen, Jamiel Lynch, Dakin Andone and Chris Boyette contributed to this report. When he stopped, a Windsor police officer ordered Lieutenant Nazario, then 27, to get out of his car. I was shocked and immediately concerned for my safety, Nazario testified. This material may not be published, broadcast, rewritten, or redistributed. 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. The traffic stop happened on December 5, 2020, when former police officer Joe Gutierrez pepper-sprayed Lt. Caron Nazario, whose hands were up out of his car window. 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. TRENDING: Authorities respond to crash involving semi, bus in Suffolk; No one hurt. 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. 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. He accused the officers of illegally searching his car, using excessive force and violating his rights under the First and Fourth Amendments. Two Windsor police officers are facing a civil lawsuit that alleges they acted aggressively towards a minority, uniformed Army officer during a traffic stop. 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. Virginia Governor Ralph Northam, Attorney General Mark Herring and U.S. Gutierrez then said that he had spoken with the chief of police because Nazario had asked for a supervisor. 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