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. 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. 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. Lieutenant Nazario, of the U.S. Army Medical Corps, was driving to Petersburg, Va., last year when he saw police lights flashing behind him. Turn on desktop notifications for breaking stories about interest? 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!. 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. Murdoch made the admission during a deposition in a $1.6bn lawsuit brought by a voting . Download the free 8News and StormTracker 8 mobile apps! 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. 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. In body camera video, Crocker said he could not see a visible rear license plate on Nazarios SUV when he initiated the traffic stop. Start your morning in-the-know with the day's top stories. Too often, officers will support their colleagues, right or wrong, at the cost of innocent civilians.. Valerie Cofer Butler, the president of the N.A.A.C.P. Officers Joe Gutierrez and Daniel Crocker stopped Nazario for a missing rear license plate in 2020. 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. Published 5:58 pm Friday, January 13, 2023. Well sit here with you. 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. 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. He was ordered to pay $1,000 in punitive damages and the jury did not find him guilty of false imprisonment, assault, or battery. Arthur said this was threating retaliation if Nazario complained about the incident. Nazarios sessions with Sellman over a year have cost him a cumulative $16,000. After what I have seen on the body camera footage, its kind of hard to justify them serving and protecting anything, Arthur said. 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. All Rights Reserved. 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. 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. 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. Virginias attorney general, Mark Herring, said in a statement that while our investigation was spurred by the egregious treatment against Lieutenant Nazario that we all saw in bodycam footage, we discovered that this incident was indicative of much larger problems within the department.. 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. If you dont say anything, we wont say anything, implying that, If you do, were going to charge you with something.' 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. 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. 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. 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. Monday night, News 3 learned Crocker has joined Gutierrez asking a judge to dismiss the complaint regarding the claim for First Amendment violation. It sounds like the officers in Windsor were trying to make an agreement with Lt. Nazario. This material may not be published, broadcast, rewritten, or redistributed. Instead, he saw Gutierrez and Crocker, both with their guns out. Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. Caron Nazario is seen in this still image from body camera footage holding his hands up during the traffic stop in Windsor, Virginia. The press conference will be streamed live on WRIC.com. Gutierrez was then fired. 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. 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. 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. Give Light and the People Will Find Their Own Way. Whether you want to DIY it or go with a craft kit, theres something for everyone this St. Patricks Day. 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. Arthur then showed jurors Nazarios cellphone footage and video recorded by Crockers and Gutierrezs body-worn cameras. Rishi Sunak's Windsor Framework, the new Brexit package for Northern Ireland, is the result of months of painstaking negotiation.. "Citizens will not rest assured that scenes like this are not repeated with impunity. 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. If you have an emergency, dial 911. 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 judge will decide whether there is merit to throw out the First Amendment claim in the case. 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. Dont look away. Copyright 2023 Nexstar Media Inc. All rights reserved. Herring to file this lawsuit, except perhaps for the sake of headlines, which he will surely receive, the statement said. 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. Jurors will resume deliberation on the $1 million lawsuit filed by Army Lt. Caron Nazario, who is suing two Windsor police officers for a controversial December 2020 traffic stop, on Tuesday. Politicians and celebrities from across the United States have weighed in on the video. The federal case began Monday in Richmond, with testimony [] 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. 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. 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. As a subscriber, you have 10 gift articles to give each month. Crocker has retained Anne Lahren of the Virginia Beach-based firm Pender & Coward. The Windsor police also ended grant-funded patrols, saying it was in the best interest of our agency and our community.. Nazario uttered several expletives and said he cant breathe as Gutierrez demanded him to get out of his car. 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. 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.. Gutierrez was fired in 2021 following an investigation into the use of force during the incident and Crocker remains on the force. appreciated. While they are glad Gutierrez was ultimately let go. The trial for an Army reservist's civil lawsuit against two Windsor police officers is underway in U.S. District Court in Richmond. Gutierrez then told Crocker to back up and proceeded to deploy OC spray multiple times into Nazarios face. 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. Caron Nazario was never arrested. 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. 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. TRENDING: Authorities respond to crash involving semi, bus in Suffolk; No one hurt. Initially Nazario, who is Black and Latino and was wearing his service uniform, turned on his cell phone camera to record the incident. Nazario, who is of Black and Latino descent, accuses the two white officers [] Crocker initiated the traffic stop after seeing a dark SUV with dark tinted windows and no license plate, police reports show. The lawsuit, filed by James Laughton . The other officer named in the lawsuit, Daniel Crocker, was also on the scene. On Jan. 10, day two of the trial, Nazario continued his testimony. 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. 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. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . The Isle of Wight branch and the Virginia NAACP plans to hold a press conference at 6 p.m. Monday to address the incident. Miyares said through a spokeswoman Tuesday that the lawsuit remains pending and he had no comment on it at this time. 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. Nazario said he did, and Crocker went into the vehicle to retrieve the gun, which Arthur, the attorney, contends was an illegal search. If you need to file a police report, call dispatch at 707-565-2121. Williamson and Rucker, her son, were found dead on this day 20 years ago in their Tilston Drive house. Related: Hampton Commonwealth's Attorney appointed special prosecutor in Windsor Army Lt. traffic stop case. 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. Trial begins for Virginia police officers being sued by Army officer over traffic stop. Stay with 8News for updates and continuing coverage of this story. 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. 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. Anyone can read what you share. Weve launched an investigation and youll definitely be hearing from us later.. 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. Let's talk about the Meteorological Winter that wasn't. pic.twitter.com/YbqLAfa2w4, Army Lt. Nazario was driving his new car home. The suit comes after a monthslong investigation, which Attorney General Mark Herring said uncovered a pattern of discriminatory, unconstitutional policing.. 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? Arthur said the lawsuit was filed in federal court because it alleges Nazario's constitutional rights were violated. This material may not be published, broadcast, rewritten, or redistributed. Thank you for a job well done, well-reasoned. RICHMOND, Va. (WRIC) The law firm representing Virginia National Guard Lt. 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