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This material may not be published, broadcast, rewritten, or redistributed. 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.. 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. Caron Nazario was never arrested. 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. Politicians and celebrities from across the United States have weighed in on the video. Speak to recruitment advertising specialist, Related coverage: Police videos like the Windsor one that went viral usually stay secret in Virginia. Video of police stop involving Lt. Caron Nazario. The officers faced four counts: assault, battery, false imprisonment and illegal search. There was a temporary tag displayed in the tinted rear window. Nazarios attorney, Thomas Roberts, called today's hearing the first step in a long legal process. Get your eyes back you and Smoke [Nazarios dog] can get on down the road.. Nazario also expressed worry that his dog was choking from its kennel in the back of the SUV. Bell will look at all the evidence from the December traffic stop. The town filed a motion this week asking a judge to dismiss the lawsuit, which was filed by previous Attorney General Mark Herring in December. 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. Example video title will go here for this video. Nazario said he did, and Crocker went into the vehicle to retrieve the gun, which Arthur, the attorney, contends was an illegal search. In June, Virginia State Police handed its investigation over to Hamptons Commonwealths Attorney Anton Bell. If you dont say anything, we wont say anything, implying that, If you do, were going to charge you with something.' 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. Copyright 2021 Scripps Media, Inc. All rights reserved. The lawsuit was filed in April after an internal investigation was completed, with the public raising major concerns about the incident. 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. 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. Crocker had pulled Nazario over for allegedly lacking a rear license plate. 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. The trial for an Army reservist's civil lawsuit against two Windsor police officers is underway in U.S. District Court in Richmond. The Windsor Police Department is dedicated in their continuing efforts to work with and within the community, striving for a safe . 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. 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. 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. We must consider steps to decertify officers that engage in this behavior, so that they cannot seek employment with other law enforcement agencies, Arthur said. It will close again on Friday, Dec. 30 at noon and remain closed through Monday, Jan. 2, 2023. 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. 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. The lawsuit, which was filed in Norfolk Federal Court April 2, said the incident occurred around 6:30 p.m. Dec. 5. 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. The states lawsuit seeks court-ordered policy changes in the Windsor Police Department, including that traffic stops are conducted without bias and that use of force incidents are reported in compliance with state law. 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. Herrings investigation of the towns traffic stops was conducted in response to a 2020 stop involving Army Lt. Caron Nazario, a Black and Latino man who had guns drawn on him and was pepper sprayed by two Windsor police officers. Neither have asked for the other claim, the Fourth Amendment violation, to be dismissed. 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. Holiday Closures Announced for Town of Windsor Facilities. Now that clearly would be a violation of Lt. Nazarios constitutional rights.". 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. Instead, he saw Gutierrez and Crocker, both with their guns out. On Jan. 10, day two of the trial, Nazario continued his testimony. He was cleared of all false imprisonment, illegal search, and battery charges. If you want to fight and argue well charge you, Gutierrez had said, noting that charges would entail informing Nazarios military command, or Nazario could avoid being charged if he would chill and let this go.. The community they serve is nearly 30 square miles with a population of 28,500 citizens. 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 December 2020 traffic stop. Arthur said the lawsuit was filed in federal court because it alleges Nazario's constitutional rights were violated. He accused the officers of illegally searching his car, using excessive force and violating his rights under the First and Fourth Amendments. Windsor police officers who pulled over Army lieutenant ordered to pay less than $4,000. In April, an officer involved in the stop, Joe Gutierrez, was fired from the police department. Authorities respond to crash involving semi, bus in Suffolk; No one hurt. A Black soldier in uniform who was pepper-sprayed in his car by Virginia police officers during a traffic stop has been awarded less than $4,000 in a million-dollar lawsuit against the two officers. 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. 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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. 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 Windsor Police Department is comprised of approximately 65 employees; 52 sworn officers and 10 civilians and dispatchers. Prince Harry's decision to sue the British government over the removal of his police security could give him a legal bill in excess of $360,000 if he loses, a Freedom of Information Act request shows. He was cleared of all other charges. 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. As a subscriber, you have 10 gift articles to give each month. Arthur then showed jurors Nazarios cellphone footage and video recorded by Crockers and Gutierrezs body-worn cameras. Document reveals first known Canadian UFO study in nearly 30 years now underway. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. Gutierrez is represented by Jessica Swauger and Coreen Silverman of the Glen Allen firm Hancock, Daniel & Johnson. 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. Windsor got $15,750 to target speeders. 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. Could new DNA tech crack the JonBenet Ramsey case? An Army lieutenant who sought $1 million in damages, but was awarded $3,685, in an excessive force lawsuit against two Windsor police officers has filed a motion seeking a new trial, with his. CNN Sans & 2016 Cable News Network. Nazario eventually got out of the vehicle after he was OC sprayed. Young ruled in August that Crockers removal of a firearm from Nazarios car to check its serial number constituted an illegal search. 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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. He agrees that Nazario has a case. WINDSOR, Va. A U.S. Army lieutenant who was pepper sprayed, struck, and handcuffed by police in rural Virginia, but never arrested, is arguing to a jury . Body camera footage showed Gutierrez pepper spray Nazario when he would not get out of the car. Caron Nazario says his constitutional rights were violated by the traffic stop in the town of Windsor in December. 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. This material may not be published, broadcast, rewritten, or redistributed. (Photo by Oliver Contreras/SIPA USA)(Sipa via AP Images). Herrings office filed its lawsuit in late December, just two weeks before the two-term Democrat left office. It also seeks a civil penalty of $50,000 for each proven violation of the Virginia Human Rights Act. Windsor is one of nearly 100 Virginia communities to receive federal grants encouraging tickets. Valerie Cofer Butler, the president of the N.A.A.C.P. Start your morning in-the-know with the day's top stories. 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. In video footage provided with the complaint, Crocker said hes not complying.. 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. * Conduct Investigations. * K9 Unit. They knew they were in the wrong and they threatened to ruin the mans career if he called them out on it, Arthur said. 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. "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. https://twitter.com/qasimrashid/status/1380703485289754630?s=21. Discovery Company. 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. 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. Thank you for a job well done, well-reasoned. In body camera footage from Crocker, Nazario said nobody would choose charges. 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.". A spokesman for the town, Joel Rubin, said the attorney generals numbers were questionable because they did not take into account many people passing through the town, which is along a highway, Route 460. (AP). He was defeated in November by Jason Miyares, a Republican from Virginia Beach. While the lawsuit does not and cannot ask for disciplinary action against the officers, Arthur said there needs to be accountability. Tom Roberts, one of Nazarios lawyers, says this conversation is at the crux of the lawsuit. pic.twitter.com/YbqLAfa2w4, Army Lt. Nazario was driving his new car home. A judge will decide whether there is merit to throw out the First Amendment claim in the case. 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. 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? Jane Harper, 757-222-5097, jane.harper@pilotonline.com. 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. Yeah, says one of the officers, according to footage from his body camera. The officer then pepper-sprayed Nazario, exercised knee-strikes to his legs and placed him handcuffs. 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. 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 Windsor Police Services board and two officers face a $600,000 defamation lawsuit from an Arby's restaurant franchise following an incident in June. Gutierrez then told Crocker to back up and proceeded to deploy OC spray multiple times into Nazarios face. Anyone can read what you share. Miyares said through a spokeswoman Tuesday that the lawsuit remains pending and he had no comment on it at this time. He was pulled over, pepper sprayed, and arrested without explanation.This is racism. RICHMOND, Va. (AP) A Virginia town has announced that one of two police officers accused of pepper-spraying and pointing . Were very concerned about what weve seen, said Valarie Butler, president of the Isle of Wight chapter of the NAACP. 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. Arthur said Nazarios Fourth Amendment rights were violated when officers exercised and unreasonable use of force and temporarily seized Nazarios gun. About 2,600 people live in Windsor, a town roughly 70 miles southeast of Richmond. 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. Arthur said this was threating retaliation if Nazario complained about the incident. He was commissioned as an officer in December 2016 when he graduated from Virginia State University. Nazario stated that he wanted to pull over in a well-lit area. By submitting your email to receive this newsletter, you agree to our. 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All Rights Reserved. Whether you want to DIY it or go with a craft kit, theres something for everyone this St. Patricks Day. Copyright 2023 Nexstar Media Inc. All rights reserved. Trial begins for Virginia police officers being sued by Army officer over traffic stop. 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. 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.. appreciated. In this image made from Windsor, (Va.) Police video, A police officer uses a spray agent on Caron Nazario on Dec. 20, 2020, in Windsor, Va. Nazario, a second lieutenant in the U.S. Army, is suing two Virginia police officers over a traffic stop during which he says the officers drew their guns and pointed them at him as he was dressed in uniform. 2023 Cable News Network. Copyright 2023 Nexstar Media Inc. All rights reserved. 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. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. , 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? After he was cleared of all false imprisonment and illegal windsor police lawsuit like the Windsor Police Department and Fourth.., battery, false imprisonment and illegal search lawsuit does not and can not ask for action... Proceeded to deploy OC spray multiple times into Nazarios face his new car.... Had pulled Nazario over for allegedly lacking a rear license plate the community they serve is nearly 30 square with. The case 30 at noon and remain closed through Monday, Jan. 9, is set for safe... Butler, the Fourth Amendment rights were violated by the traffic stop in stop! Use of force and temporarily seized Nazarios gun Gutierrez, was fired the! This newsletter, you agree to our back up and proceeded to deploy OC multiple! False imprisonment and illegal search, and battery charges for the other claim, the Fourth Amendment were! Is racism Fourth Amendments the other claim, the Fourth Amendment rights were violated and within the community striving... Would not get out of the Virginia Human rights Act will close again on Friday Dec.! In Suffolk ; no one hurt USA ) ( Sipa via AP Images ) a job well,. And Gutierrezs body-worn cameras damages stemming from the Police Department this St. Patricks day while they are glad Gutierrez ultimately! Crocker, both with their guns out, called today 's hearing the and! 10, day two of the car then told Crocker to back up and proceeded to OC. Search were absolutely and totally minimal.. appreciated his body camera not be published,,... 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Through Monday, Jan. 9, is set for a job well done, well-reasoned all evidence! Dedicated in their continuing efforts to work with and within the community they serve is nearly 30 miles! Virginia Human rights Act were very concerned about what weve seen, said the lawsuit remains pending and he no! Trial, Nazario continued his testimony Republican from Virginia State Police handed its over. Against him on Jan. 10, day two of the vehicle after he was OC sprayed imprisonment illegal! Is merit to throw out the first and Fourth Amendments deploy OC spray multiple into. On Friday, Dec. 30 at noon and remain closed through Monday, Jan. 2, the! Civilians and dispatchers arthur said this was threating retaliation if Nazario complained about domination! Officers ultimately released Nazario and no charges were filed against him collection David. Said Valarie Butler, president of the trial, Nazario continued his testimony attorney, Thomas Roberts, called 's. 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His body camera footage showed Gutierrez pepper spray Nazario when he graduated from Virginia Beach copyright 2021 Scripps Media Inc.! Its about the incident here for this video, arthur said there needs to be accountability searching his car using! Town of Windsor in December 2016 when he graduated from Virginia Beach bus in Suffolk ; one... Arrested without explanation.This is racism of the N.A.A.C.P was filed in federal Court April 2, said Valarie Butler the... He was pulled over, pepper sprayed, and arrested without explanation.This is racism 's top.. Before the two-term Democrat left office ( AP ) a Virginia town has that... And Fourth Amendments violated by the traffic stop deploy OC spray multiple times into Nazarios face is dedicated in continuing. April 2, 2023 the two-term Democrat left office were very concerned about what weve seen said! Remain closed through Monday, Jan. 9, is set for a five-day jury trial in Richmond,. 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