One of the officers wrote in the police report that Nazario eluded police because he didn't stop right away. Lieutenant Nazario, of the U.S. Army Medical Corps, was driving to Petersburg, Va., last year when he saw police lights flashing behind him. He was ordered to pay $1,000 in punitive damages and the jury did not find him guilty of false imprisonment, assault, or battery. Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. They'll resume Jan. 17. He was cleared of all false imprisonment, illegal search, and battery charges. 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!. 24/7 coverage of breaking news and live events. 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. 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. About 2,600 people live in Windsor, a town roughly 70 miles southeast of Richmond. They took a lot of time with this decision. BELOW: Body camera footage from Gutierrez. Stay with 8News for updates and continuing coverage of this story. "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. Document reveals first known Canadian UFO study in nearly 30 years now underway. Let's talk about the Meteorological Winter that wasn't. A big piece of that is the body camera video. 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 . TORONTO TD Bank Group says it will pay US$1.205 billion to settle a lawsuit in connection with a multi-year Ponzi scheme . The attorney generals investigation found that Black drivers accounted for about 42 percent of the departments traffic stops from July 2020 through September 2021. Yeah, says one of the officers, according to footage from his body camera. 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. News 3 reached out to Gutierrezs attorneys and did not hear back. After five full days of jury deliberation, a verdict was reached on Tuesday in the $1 million lawsuit filed . 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Gutierrez responded to the scene when Crocker reported a felony traffic stop to dispatchers. Im honestly afraid to get out of the car, he said, as he stayed in his seat. Nazario is a 2nd Lieutenant serving as a 70B Army Health Services Administration Officer in the Virginia National Guards Norfolk-based 1st Battalion, 111th Field Artillery Regiment, 116th Infantry Brigade Combat Team. 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 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 stop will start March 28.. In this image taken from Windsor Police video, a police officer uses a spray agent on Caron Nazario, an Army lieutenant who is Black and Latino, on Dec. 20, 2020. If not, it will go on to a jury. 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. 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. The officers faced four counts: assault, battery, false imprisonment and illegal search. Updated: 4:19 PM EST February 11, 2022. 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. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . 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 was filed Friday. 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. Example video title will go here for this video. Now that clearly would be a violation of Lt. Nazarios constitutional rights.". Could new DNA tech crack the JonBenet Ramsey case? While the lawsuit does not and cannot ask for disciplinary action against the officers, Arthur said there needs to be accountability. Did you encounter any technical issues? 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. 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. That number was much higher than expected based on the number of Black residents in the town, the office said. 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 . 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. Related: Hampton Commonwealth's Attorney appointed special prosecutor in Windsor Army Lt. traffic stop 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. 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. Nazario later told the officers he wanted to stop in a well-lit area. The trial for an Army reservist's civil lawsuit against two Windsor police officers is underway in U.S. District Court in Richmond. Roberts said there is a chance the town of Windsor and Windsor Police Chief Rodney Riddle could be added as defendants in the case. Lt. Caron Nazario, of Latinx and African American descent, alleges that his constitutional rights were violated and race played a role. 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. 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. He also asked what was going on. "Williamson was found beaten to death in the . 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. Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. 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. 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. 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. Thank you for a job well done, well-reasoned. Gutierrez said the chief confirmed Nazario didnt have to be charged with obstruction of justice and not having license plates displayed. Notifications can be turned off anytime in the browser settings. Windsor Police Chief Rodney "Dan" Riddle did not respond to a request for. chapter for Isle of Wight County, thanked the attorney general for taking action and said the group had tried for months to negotiate in good faith with Windsor leaders. 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. Requests for comment from the Town of Windsor police chief and town manager were not immediately returned Friday. 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. Copyright 2023 Scripps Media, Inc. All rights reserved. Windsor Police, via Reuters By Jenny Gross Dec. 31, 2021 Virginia's attorney general filed a lawsuit on Thursday against the town of Windsor, seeking changes in policing and saying that his. Here are the best, Man pleads guilty to hacking into VB gas station, Nevada woman caught with handgun at Norfolk International, NC approved to continue food assistance benefits, Security officers are the new faces at NN public, Whats coming to NC in March? The police department provides law enforcement services to the Town of Windsor including but not limited to: * Patrol Duties. Young ruled in August that Crockers removal of a firearm from Nazarios car to check its serial number constituted an illegal search. In April, an officer involved in the stop, Joe Gutierrez, was fired from the police department. 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 body camera footage, Gutierrez told Nazario that if he had just complied he would have been gone by now.. A Warner Bros. Trial begins for Virginia police officers being sued by Army officer over traffic stop. After what I have seen on the body camera footage, its kind of hard to justify them serving and protecting anything, Arthur said. Biden surveys Ida cleanup in, Drugmaker Eli Lilly will cap the cost of insulin, Deputies searching for missing Currituck man, Police continue search for Portsmouth woman missing, Man dead after shooting at Virginia Beach hotel, Kitchen fire breaks out at Olde Huntersville home, Greek transport minister resigns over train crash;, Naval Station Yorktown built on African American, 15-year-old charged in Oscar Smith bomb threats, Supreme Court hears cases on student loan forgiveness, Crews respond to fire at Captain Ds Seafood in VB, Biden touts health care plans compared to MAGA Republicans, Investigation prompts missing persons policy change, Effects linger from wrongful accusation in Norfolk, VB hit-and-run victim still searching for justice, Do Not Sell or Share My Personal Information. Virginia Sues Town of Windsor, Accusing It of Discriminatory Policing, https://www.nytimes.com/2021/12/31/us/caron-nazario-windsor-virginia-police.html. The Windsor Police Department is comprised of approximately 65 employees; 52 sworn officers and 10 civilians and dispatchers. What was his right? Eventually, Crocker attempted to open Nazarios door while he told him to calm down.. This material may not be published, broadcast, rewritten, or redistributed. The federal case began Monday in Richmond, with testimony [] He agrees that Nazario has a case. All Rights Reserved. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. Read the lawsuit Army Lt. Caron Nazario filed against Windsor Police. He was ordered to pay $1,000 in damages. 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 officers faced four counts: assault, battery, false imprisonment and illegal search. Murdoch made the admission during a deposition in a $1.6bn lawsuit brought by a voting . He was pulled over, pepper sprayed, and arrested without explanation.This is racism. Notifications can be turned off anytime in the browser settings. , 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? Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), Southampton County land transfers January 2023, Resolution celebrating Black History Month adopted, Southampton County farmer receives 15-year service award, Broncos fall in 1B final, but earn state berth. 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. Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. 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 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. 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.. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. 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. 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. Gutierrez was ordered to pay $2,685 in damages, no malice, under liability for assault. 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