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.. 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. In body camera footage from Crocker, Nazario said nobody would choose charges. In addition, the number of traffic stops and citations reported to the town council was lower than the number reported to the state for tracking and reporting purposes. "Citizens will not rest assured that scenes like this are not repeated with impunity. Get the Android Weather app from Google Play, Virginias superintendent of public instruction resigns, VBDPH to host free COVID-19 vaccination clinic Mar. 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. Windsor Police Chief Rodney "Dan" Riddle did not respond to a request for. He also said they violated the First Amendment by threating Nazarios career if he complained. Police said that an urgent search was now underway for Constance Marten and Mark Gordon's child. Windsor police officers for a controversial December 2020 traffic stop. Weve launched an investigation and youll definitely be hearing from us later.. 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. Were very concerned about what weve seen, said Valarie Butler, president of the Isle of Wight chapter of the NAACP. Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. They'll resume Jan. 17. Your effort and contribution in providing this feedback is much [Gutierrez] acknowledged it was [Nazarios] right. 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. Authorities respond to crash involving semi, bus in Suffolk; No one hurt. 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. This material may not be published, broadcast, rewritten, or redistributed. 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. The federal case began Monday in Richmond, with testimony [] * Security for Special Events. He was commissioned as an officer in December 2016 when he graduated from Virginia State University. * K9 Unit. Nazario remained in the SUV with his two hands out the window. 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. In June, Virginia State Police handed its investigation over to Hamptons Commonwealths Attorney Anton Bell. 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. Two Windsor police officers are facing a civil lawsuit that alleges they acted aggressively towards a minority, uniformed Army officer during a traffic stop. Arthur said Nazarios Fourth Amendment rights were violated when officers exercised and unreasonable use of force and temporarily seized Nazarios gun. Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. They'll resume Jan. 17. The lawsuit was filed in April after an internal investigation was completed, with the public raising major concerns about the incident. The officer then pepper-sprayed Nazario, exercised knee-strikes to his legs and placed him handcuffs. 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. You should be.. 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. There was a temporary tag displayed in the tinted rear window. Crocker initiated the traffic stop after seeing a dark SUV with dark tinted windows and no license plate, police reports show. Officers Joe Gutierrez and Daniel Crocker stopped Nazario for a missing rear license plate in 2020. Related: Hampton Commonwealth's Attorney appointed special prosecutor in Windsor Army Lt. traffic stop case. It sounds like the officers in Windsor were trying to make an agreement with Lt. Nazario. * Conduct Investigations. FORECAST: No roaring lion this year to start March, Town of Windsor asks court to dismiss lawsuit for 'pattern of discriminatory policing', Trial date set for Army lieutenant's lawsuit against Windsor police officers, Black drivers more likely to be pulled over in Virginia, new state data shows. 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. In body camera video, Crocker said he could not see a visible rear license plate on Nazarios SUV when he initiated the traffic stop. 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. 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. Example video title will go here for this video. Copyright 2023 Scripps Media, Inc. All rights reserved. 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. Roberts said there is a chance the town of Windsor and Windsor Police Chief Rodney Riddle could be added as defendants in the case. Eventually, Crocker attempted to open Nazarios door while he told him to calm down.. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. A judge will decide whether there is merit to throw out the First Amendment claim in the case. 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. He was pulled over, pepper sprayed, and arrested without explanation.This is racism. 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. 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. Holiday Closures Announced for Town of Windsor Facilities. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Windsor is one of nearly 100 Virginia communities to receive federal grants encouraging tickets. 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. 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!. Dont look away. Valerie Cofer Butler, the president of the N.A.A.C.P. 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? appreciated. 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. Windsor police issue crime alert in area on city's east end . Rishi Sunak's Windsor Framework, the new Brexit package for Northern Ireland, is the result of months of painstaking negotiation.. 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. 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. The Virginian-Pilot was the first to report on the lawsuit and release the body camera footage, which quickly went viral. WINDSOR, Va. The former Windsor Police officer fired after pepper-spraying a U.S. Army lieutenant during a traffic stop is asking for a judge to dismiss part of the $1 million lawsuit against him. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. 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 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. The lawsuit said after Crocker turned on his cruisers blue lights, Nazario traveled less than a mile and slowed down until he pulled into a BP gas station. Too often, officers will support their colleagues, right or wrong, at the cost of innocent civilians.. It would . The jury found Gutierrez guilty of assault and must pay him $2,685 in damages, no malice. Arthur then showed jurors Nazarios cellphone footage and video recorded by Crockers and Gutierrezs body-worn cameras. Copyright 2021 Scripps Media, Inc. All rights reserved. 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. 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. Stay with 8News for updates and continuing coverage of this story. Gutierrez responded to the scene when Crocker reported a felony traffic stop to dispatchers. Watch it anyway. Gutierrez is represented by Jessica Swauger and Coreen Silverman of the Glen Allen firm Hancock, Daniel & Johnson. Nazario also expressed worry that his dog was choking from its kennel in the back of the SUV. A lawyer for Lieutenant Nazario could not immediately be reached for comment. 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. 24/7 coverage of breaking news and live events. 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. Whether you want to DIY it or go with a craft kit, theres something for everyone this St. Patricks Day. 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. 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. 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. 2023 Cable News Network. Nazarios sessions with Sellman over a year have cost him a cumulative $16,000. They took a lot of time with this decision. Once standing outside of the car, Gutierrez exercised knee-strikes and Crocker helped to eventually force Nazario to the ground and handcuff him. He was cleared of all other charges. 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. 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. Updated Nazarios lawsuit said the vehicle was new and he didnt have permanent plates yet, but he had cardboard temporary plates taped to the inside of the rear window. Nazario was ultimately let go without charges. The trial for an Army reservist's civil lawsuit against two Windsor police officers is underway in U.S. District Court in Richmond. "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. While they are glad Gutierrez was ultimately let go. It will close again on Friday, Dec. 30 at noon and remain closed through Monday, Jan. 2, 2023. 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. Both Crocker and Gutierrez proceeded to get out of their cars, draw their guns and yell for Nazario to get out of the car and put his hands out the window. Crocker was liable for an illegal search, no malice. 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. The suit comes after a monthslong investigation, which Attorney General Mark Herring said uncovered a pattern of discriminatory, unconstitutional policing.. 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. Gutierrez was fired in 2021 following an investigation into the use of force during the incident and Crocker remains on the force. Well sit here with you. When he stopped, a Windsor police officer ordered Lieutenant Nazario, then 27, to get out of his car. This material may not be published, broadcast, rewritten, or redistributed. Nazario identified it as his vehicles temporary New York plate. 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. 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. 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 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. Nazario said he did, and Crocker went into the vehicle to retrieve the gun, which Arthur, the attorney, contends was an illegal search. 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. 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. Thank you for a job well done, well-reasoned. As a subscriber, you have 10 gift articles to give each month. Virginia attorney general sues town over police treatment of Black people after Caron Nazario investigation. Nazario was not charged in the 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. 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 lawsuit and videos have also now caught the attention of local civil rights groups. 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. 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.". One of the officers wrote in the police report that Nazario eluded police because he didn't stop right away. The officers ultimately released Nazario and no charges were filed against him. 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. There was no need for Mr. 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. 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. News 3 reached out to Gutierrezs attorneys and did not hear back. 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. 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. This material may not be published, broadcast, rewritten, or redistributed. Black residents account for between 9% to 22% of Windsors population, and about 22% of Isle of Wight Countys population, according to the lawsuit. pic.twitter.com/YbqLAfa2w4, Army Lt. Nazario was driving his new car home. CNNs Jennifer Feldman, Natasha Chen, Jamiel Lynch, Dakin Andone and Chris Boyette contributed to this report. 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. Young ruled in August that Crockers removal of a firearm from Nazarios car to check its serial number constituted an illegal search. 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. The attorney generals investigation found that Black drivers accounted for about 42 percent of the departments traffic stops from July 2020 through September 2021. At that time, when he was safe to drive, he would be free to go, Gutierrez said. Chief Rodney Daniel Riddle of the Windsor Police emailed a statement from the town and the police department that said the decision to file a lawsuit against Windsor was clearly political.. Newsfeed Now: Biden unveils $1.75 trillion spending, Newsfeed Now: Democrats push to wrap up negotiations, Newsfeed Now: FDA panel backs Pfizers low-dose COVID-19, Newsfeed Now: Industry peers angry over deadly movie, Newsfeed Now: Infrastructure Bill drawing toward, Newsfeed Now: FBI IDs remains of Brian Laundrie;, Newsfeed Now: FBI finds remains at Florida reserve, Newsfeed Now: School official under fire for Holocaust, Newsfeed Now: Gabby Petitos family wants vengeance, Newsfeed Now: Family says Gen. 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