RICHMOND, Va. (WRIC) On Monday, January 9, the federal trial began for a U.S. Army lieutenant who was pepper sprayed after being pulled over in Windsor in 2020. Let's talk about the Meteorological Winter that wasn't. 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. 2023 Cable News Network. 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. When he stopped, a Windsor police officer ordered Lieutenant Nazario, then 27, to get out of his car. TRENDING: Authorities respond to crash involving semi, bus in Suffolk; No one hurt. He was defeated in November by Jason Miyares, a Republican from Virginia Beach. Nazarios attorneys filed a motion for a new trial on Friday, according to court documents obtained by CNN. An attorney for Crocker commended the jurys decision Tuesday. Authorities respond to crash involving semi, bus in Suffolk; No one hurt. There was a temporary tag displayed in the tinted rear window. 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. He was pulled over, pepper sprayed, and arrested without explanation.This is racism. The lawsuit, filed by James Laughton . "Yeah, you should be," Gutierrez replied. This material may not be published, broadcast, rewritten, or redistributed. This has got to stop, said Jonathan Arthur, Nazarios Richmond-based attorney who believes his client is a victim of police brutality. 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. Speak to recruitment advertising specialist, Related coverage: Police videos like the Windsor one that went viral usually stay secret in Virginia. A big piece of that is the body camera video. 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 announced Sunday night that Gutierrez had been terminated from the police force following an internal investigation. 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. 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. 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. While they are glad Gutierrez was ultimately let go because of his actions in the incident, Arthur stated they must take this further. Body camera footage showed Gutierrez pepper spray Nazario when he would not get out of the car. 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. 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. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. Gutierrez said the chief confirmed Nazario didnt have to be charged with obstruction of justice and not having license plates displayed. 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. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . 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. 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. 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. Arthur then highlighted a small white rectangle visible in the body camera footage of both officers. He agrees that Nazario has a case. [Gutierrez] acknowledged it was [Nazarios] right. (Photo by Oliver Contreras/SIPA USA)(Sipa via AP Images). 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. Now that clearly would be a violation of Lt. Nazarios constitutional rights.". PTSD symptoms, according to the American Psychiatric Association, include nightmares or flashbacks, feeling detached or estranged. Instead, he could have the choice of the officers waiting with him while the effects of the OC spray wore off. In making these erroneous and conclusory allegations Plaintiff has attempted to put blinders on this court and by stating conclusions that are totally untrue, Conrad wrote in the court filing. Neither have asked for the other claim, the Fourth Amendment violation, to be dismissed. Start your morning in-the-know with the day's top stories. Politicians and celebrities from across the United States have weighed in on the video. , 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? In body camera footage from Crocker, Nazario said nobody would choose charges. Nazario also expressed worry that his dog was choking from its kennel in the back of the SUV. Windsor police issue crime alert in area on city's east end . There was no need for Mr. The officers pulled over Nazario on the evening of Dec. 5, 2020. . Caron Nazario was never arrested. Virginia attorney general sues town over police treatment of Black people after Caron Nazario investigation. 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. As a subscriber, you have 10 gift articles to give each month. Turn on desktop notifications for breaking stories about interest? 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. After what I have seen on the body camera footage, its kind of hard to justify them serving and protecting anything, Arthur 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. "Citizens will not rest assured that scenes like this are not repeated with impunity. 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. 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. The federal case began Monday in Richmond, with testimony [] Caesars Windsor is celebrating 15 years of headline entertainment with a popular comedian and actor. 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. Body camera video of the traffic stop showed the officers drawing their guns, pointing them at Nazario and using a slang term that Nazario was about to "ride the lightning" to suggest he was facing execution before pepper-spraying him and knocking him to the ground. Young ruled in August that Crockers removal of a firearm from Nazarios car to check its serial number constituted an illegal search. Officers Joe Gutierrez and Daniel Crocker stopped Nazario for a missing rear license plate in 2020. The lawsuit and videos have also now caught the attention of local civil rights groups. 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. CNNs Jennifer Feldman, Natasha Chen, Jamiel Lynch, Dakin Andone and Chris Boyette contributed to this report. This material may not be published, broadcast, rewritten, or redistributed. 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. After five full days of jury deliberation, a verdict was reached on Tuesday in the $1 million lawsuit filed . In June, Virginia State Police handed its investigation over to Hamptons Commonwealths Attorney Anton Bell. 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. 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. 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. 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. Trial begins for Virginia police officers being sued by Army officer over traffic stop. By the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker. Windsor is one of nearly 100 Virginia communities to receive federal grants encouraging tickets. Bell will look at all the evidence from the December traffic stop. Nazarios attorney, Thomas Roberts, called today's hearing the first step in a long legal process. The officers faced four counts: assault, battery, false imprisonment and illegal search. 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. A judge will decide whether there is merit to throw out the First Amendment claim in the case. Crocker had pulled Nazario over for allegedly lacking a rear license plate. 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. 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. 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. It would . 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 . Sonny Stallings is a criminal lawyer in Virginia Beach. Yeah, says one of the officers, according to footage from his body camera. Gutierrez was then fired. By submitting your email to receive this newsletter, you agree to our. 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. He was cleared of all other charges. Gutierrez then said that he had spoken with the chief of police because Nazario had asked for a supervisor. He was ordered to pay $1,000 in damages. The jury however largely sided with the officers, finding Nazario didnt prove other allegations in the suit, such as false imprisonment. 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. Updated: 1:44 PM EST January 9, 2023. * K9 Unit. Murdoch made the admission during a deposition in a $1.6bn lawsuit brought by a voting . Copyright 2021 Scripps Media, Inc. All rights reserved. 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. 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. News 3 reached out to Gutierrezs attorneys and did not hear back. The Windsor Police Service and the Windsor Police Services Board announced they are doubling the reward for information that leads to the arrest of the those responsible for the killings of Debilleanne Williamson and four-year-old Brandon Rucker. Rishi Sunak's Windsor Framework, the new Brexit package for Northern Ireland, is the result of months of painstaking negotiation.. 24/7 coverage of breaking news and live events. The officers faced four counts: assault, battery, false imprisonment and illegal search. 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 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. 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. Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. They'll resume Jan. 17. The officer then pepper-sprayed Nazario, exercised knee-strikes to his legs and placed him handcuffs. Reached out to Gutierrezs attorneys and did not hear back advertising specialist, Related coverage police. Police brutality departments traffic stops from July 2020 through September 2021 lawsuit and videos have also now the... 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