(Windsor Police via AP). News 3 reached out to Gutierrezs attorneys and did not hear back. Roberts said there is a chance the town of Windsor and Windsor Police Chief Rodney Riddle could be added as defendants in the case. Arthur said the lawsuit was filed in federal court because it alleges Nazario's constitutional rights were violated. The Windsor police also ended grant-funded patrols, saying it was in the best interest of our agency and our community.. 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. By the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker. 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. Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. They'll resume Jan. 17. Windsor police issue crime alert in area on city's east end . 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. Neither have asked for the other claim, the Fourth Amendment violation, to be dismissed. Updated: 4:19 PM EST February 11, 2022. After what I have seen on the body camera footage, its kind of hard to justify them serving and protecting anything, Arthur said. Gutierrez then told Crocker to back up and proceeded to deploy OC spray multiple times into Nazarios face. 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. Gutierrez then said that he had spoken with the chief of police because Nazario had asked for a supervisor. Officer Joe Gutierrez of the Windsor Police Department and Lieutenant Caron Nazario, right, leaving his vehicle after being pepper sprayed by the police at a gas station during a traffic stop in Windsor, Va., last year. Black residents account for between 9% to 22% of Windsors population, and about 22% of Isle of Wight Countys population, according to the lawsuit. Virginia Sues Town of Windsor, Accusing It of Discriminatory Policing, https://www.nytimes.com/2021/12/31/us/caron-nazario-windsor-virginia-police.html. RICHMOND The first day of Army Lt. Caron Nazarios $1 million lawsuit against Windsor Police Officer Daniel Crocker and ex-officer Joe Gutierrez saw Nazario himself testify. The investigation revealed huge disparities in enforcement against African American drivers, and a troubling lack of policies and procedures to prevent discriminatory or unconstitutional policing, the statement said. The community they serve is nearly 30 square miles with a population of 28,500 citizens. Nazario remained in the SUV with his two hands out the window. 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. Updated: 1:44 PM EST January 9, 2023. Thats when he activated the video camera on his cellphone to record the encounter. The police actions were taken after Nazario told the officers he was afraid to step out of his vehicle because he feared they might harm him. 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. 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. 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. Now, Nazario is asking for at least $1 million in damages and for the court to rule that the two officers violated his rights, including rights under the Fourth Amendment. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Body camera footage showed Gutierrez pepper spray Nazario when he would not get out of the car. The officers faced four counts: assault, battery, false imprisonment and illegal search. 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. Anyone can read what you share. 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. Authorities respond to crash involving semi, bus in Suffolk; No one hurt. Kevin Hart is returning to The Colosseum stage on Sunday, May 21 at 8 p.m. with his "Reality . In August, a federal judge already ruled that Crocker is liable for an illegal search, violating the 4th amendment when he searched Nazario's car. 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. * School Resource Officer. 1998 - 2023 Nexstar 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. Arthur said this was threating retaliation if Nazario complained about the incident. 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. RICHMOND, Va. (AP) A Virginia town has announced that one of two police officers accused of pepper-spraying and pointing . Notifications can be turned off anytime in the browser settings. Now that clearly would be a violation of Lt. Nazarios constitutional rights.". The Windsor Police Department is comprised of approximately 65 employees; 52 sworn officers and 10 civilians and dispatchers. Nazarios sessions with Sellman over a year have cost him a cumulative $16,000. Herring to file this lawsuit, except perhaps for the sake of headlines, which he will surely receive, the statement said. Arthur then highlighted a small white rectangle visible in the body camera footage of both officers. 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. 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. Nazario then testified he wasnt particularly familiar with the town of Windsor and didnt see Farmers Bank or any other well-lit places to stop until reaching the BP on the opposite side of the highway. 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. 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. Nazario said he did, and Crocker went into the vehicle to retrieve the gun, which Arthur, the attorney, contends was an illegal search. appreciated. 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. Nazario was not charged in the incident. A lawyer for Lieutenant Nazario could not immediately be reached for comment. 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. Nazario, who is of Black and Latino descent, accuses the two white officers [] The jury found Gutierrez guilty of assault and must pay him $2,685 in damages, no malice. Video of police stop involving Lt. Caron Nazario. The lawsuit, which was filed in Norfolk Federal Court April 2, said the incident occurred around 6:30 p.m. Dec. 5. 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. 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. #BlackLivesMatter pic.twitter.com/Qa27El356s, A U.S. Army officer filed a federal civil lawsuit against police officers who pepper-sprayed and assaulted him. The attorney generals investigation found that Black drivers accounted for about 42 percent of the departments traffic stops from July 2020 through September 2021. He was cleared of all other charges. The jury however largely sided with the officers, finding Nazario didnt prove other allegations in the suit, such as false imprisonment. 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. If you dont say anything, we wont say anything, implying that, If you do, were going to charge you with something.' Lt. Caron Nazario, of Latinx and African American descent, alleges that his constitutional rights were violated and race played a role. Nazario identified it as his vehicles temporary New York plate. The body camera footage records Nazario repeatedly asking, Whats going on? Gutierrez at one point answers by telling Nazario he was fixin to ride the lightning, a phrase Nazarios lawsuit contends is a colloquial reference to an execution. If you have an emergency, dial 911. [Related coverage: Police videos like the Windsor one that went viral usually stay secret in Virginia]. In this image made from Windsor, Va., Police video, a police officer speaks with Caron Nazario during a traffic stop, Dec. 20, 2020, in Windsor, Va. 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 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.. Too often, officers will support their colleagues, right or wrong, at the cost of innocent civilians.. He was ordered to pay $1,000 in damages. Turn on desktop notifications for breaking stories about interest? 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. The lawsuit and videos have also now caught the attention of local civil rights groups. I was shocked and immediately concerned for my safety, Nazario testified. 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. Tom Roberts, one of Nazarios lawyers, says this conversation is at the crux of the lawsuit. The officers faced four counts: assault, battery, false imprisonment and illegal search. Arthur, given the opportunity to redirect, showed a Sept. 28, 2020, memorandum from Nazarios Army command notifying him of a potential deployment to the Middle East in December 2021. The officers faced four counts: assault, battery, false imprisonment and illegal search. 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. 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. 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. 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.. 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 lawsuit, filed by James Laughton . Jane Harper, The Virginian-Pilot. Nazario uttered several expletives and said he cant breathe as Gutierrez demanded him to get out of his car. 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. The Associated Press contributed to this report. Asked by his attorney, Jonathan Arthur, why he didnt pull over immediately upon seeing the flashing blue lights of Crockers patrol car, Nazario testified that he initially thought Crocker was trying to pull someone else over, and had been trying to get out of Crockers way. It's the latest development in a case prompted by a traffic stop involving Nazario and Windsor Officers Gutierrez and Daniel Crocker. 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. 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. 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. 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. "Citizens will not rest assured that scenes like this are not repeated with impunity. Politicians and celebrities from across the United States have weighed in on the video. 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. 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.. Windsor police also disproportionately searched more vehicles driven by Black drivers, even though Black people do not make up the majority of the towns or the states population, the lawsuit claimed. 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. Rishi Sunak's Windsor Framework, the new Brexit package for Northern Ireland, is the result of months of painstaking negotiation.. In April, Lieutenant Nazario filed a lawsuit in the U.S. District Court for the Eastern District of Virginia. Monday night, News 3 learned Crocker has joined Gutierrez asking a judge to dismiss the complaint regarding the claim for First Amendment violation. https://twitter.com/qasimrashid/status/1380703485289754630?s=21. On Friday, the statement sent by Chief Riddle said that the police department practices nondiscriminatory policing and has taken additional steps since the incident to increase training and accountability. 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House passes bills impacting transgender students, State board advances harshly criticized history standards, March for Life returns after abortion bans fail, Lawmakers target correctional facilities added fees, Medical use of magic mushrooms in Virginia rejected, Bill requires parental approval for library books, Family, friends mourn tragic death of Henrico 20-year-old, SCAM ALERT: Fraudulent buyers target online sellers, Two men shot on Nine Mile Road in Richmond, Manchester Middle cancels ex-white supremacists, Charlottesville Police shoot, kill armed suspect, Community shocked after woman found dead near playground, Police investigating possible towing fraud in Richmond, Do Not Sell or Share My Personal Information. * Conduct Investigations. Well sit here with you. Sonny Stallings is a criminal lawyer in Virginia Beach. The Isle of Wight branch and the Virginia NAACP plans to hold a press conference at 6 p.m. Monday to address the incident. This material may not be published, broadcast, rewritten, or redistributed. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. Nazario, now 29, was a 2nd lieutenant at the time of the traffic stop but has since been promoted to 1st lieutenant. The lawsuit was filed in April after an internal investigation was completed, with the public raising major concerns about the incident. He is encouraged that his story resonates with so many who are willing to speak out., In the complaint filed in the U.S. District Court for the Eastern District of Virginia, attorney Jonathan M. Arthur, representing Nazario, stated the actions of Gutierrez and Crocker are consistent with a disgusting nationwide trend of law enforcement officers, who, believing they can operate with complete impunity, engage in unprofessional, discourteous, racially biased, dangerous, and sometimes deadly abuses of authority, (including issuing unreasonable comply-or-die commands,) ignore the clearly established mandates of the Constitution of the United States and the state and local laws, and usurp the roles of legislator, judge, jury, and executioner; substituting the rule of law for their arbitrary and illegal conduct.. 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 false imprisonment, illegal search, and battery charges. 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. 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. 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. A civil case against two Windsor police officers accused of using excessive force when they stopped a vehicle driven by a Black Army officer two years ago is set . After five full days of jury deliberation, a verdict was reached on Tuesday in the $1 million lawsuit filed . Read the lawsuit Army Lt. Caron Nazario filed against Windsor Police. For Crocker, the jury found him only liable/guilty on an illegal search, no malice. If you need to file a police report, call dispatch at 707-565-2121. "The most important thing about today is we have a green light to begin the intense discovery that we plan to do," he said. That number was much higher than expected based on the number of Black residents in the town, the office said. pepper sprayed, pushed to the ground and handcuffed. 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. 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. 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. 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. Dont look away. "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. The Windsor Police Department is dedicated in their continuing efforts to work with and within the community, striving for a safe . 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. Holiday Closures Announced for Town of Windsor Facilities. Copyright 2023 Nexstar Media Inc. All rights reserved. Nazarios lawsuit said he wanted to stop in a safe, well-lit place and pulled over at a gas station in Windsor, which is about 30 miles west of Norfolk. As officers began to speak with him about the traffic stop, they asked if he had any weapons in his vehicle. 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. 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. They took a lot of time with this decision. As a subscriber, you have 10 gift articles to give each month. NORFOLK, Va. 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 stopwill start March 28. 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. 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