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 big piece of that is the body camera video. Bell will look at all the evidence from the December traffic stop. 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. 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. 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 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. Nazario eventually got out of the vehicle after he was OC sprayed. Caron Nazario was never arrested. #BlackLivesMatter pic.twitter.com/Qa27El356s, A U.S. Army officer filed a federal civil lawsuit against police officers who pepper-sprayed and assaulted him. Instead, he saw Gutierrez and Crocker, both with their guns out. 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. Jane Harper, 757-222-5097, jane.harper@pilotonline.com. 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. 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. 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 . Nazarios attorney, Thomas Roberts, called today's hearing the first step in a long legal process. 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. Gutierrez then said that he had spoken with the chief of police because Nazario had asked for a supervisor. He was cleared of all other charges. The lawsuit and videos have also now caught the attention of local civil rights groups. 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. 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. Nazario was not charged in the incident. 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 . An attorney for Crocker commended the jurys decision Tuesday. Gutierrez then told Crocker to back up and proceeded to deploy OC spray multiple times into Nazarios face. He did not want to stop on a dark road, so he drove about a mile to a gas station, according to a lawsuit and video footage of the encounter. Crocker initiated the traffic stop after seeing a dark SUV with dark tinted windows and no license plate, police reports show. 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. 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. . * School Resource Officer. The press conference will be streamed live on WRIC.com. Windsor Police Chief Rodney "Dan" Riddle did not respond to a request for. If you need to file a police report, call dispatch at 707-565-2121. After what I have seen on the body camera footage, its kind of hard to justify them serving and protecting anything, Arthur said. They knew they were in the wrong and they threatened to ruin the mans career if he called them out on it, Arthur said. Lt. Caron Nazario, of Latinx and African American descent, alleges that his constitutional rights were violated and race played a role. 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 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 police issue crime alert in area on city's east end . Nazario remained in the SUV with his two hands out the window. Caron Nazario says his constitutional rights were violated by the traffic stop in the town of Windsor in December. [Gutierrez] acknowledged it was [Nazarios] right. 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. 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. Whether you want to DIY it or go with a craft kit, theres something for everyone this St. Patricks Day. Arthur said the lawsuit was filed in federal court because it alleges Nazario's constitutional rights were violated. 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. Nazario was ultimately let go without charges. 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. 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. Officers claimed the traffic stop escalated because Nazario didnt stop immediately and his rear license plate couldnt be seen; it was posted on the inside of the rear windshield. The Town of Windsor announced Sunday night that Gutierrez had been terminated from the police force following an internal investigation. 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. Notifications can be turned off anytime in the browser settings. In body camera video, Crocker said he could not see a visible rear license plate on Nazarios SUV when he initiated the traffic stop. 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. Document reveals first known Canadian UFO study in nearly 30 years now underway. 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. 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. 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. Kevin Hart is returning to The Colosseum stage on Sunday, May 21 at 8 p.m. with his "Reality . Requests for comment from the Town of Windsor police chief and town manager were not immediately returned Friday. 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. That number was much higher than expected based on the number of Black residents in the town, the office said. 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. Example video title will go here for this video. Lieutenant Nazario asked why he had been stopped and why the officers had drawn their guns. Speak to recruitment advertising specialist, Related coverage: Police videos like the Windsor one that went viral usually stay secret in Virginia. 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. Roberts said there is a chance the town of Windsor and Windsor Police Chief Rodney Riddle could be added as defendants in the case. Give Light and the People Will Find Their Own Way, pepper-spraying a U.S. Army lieutenant during a traffic stop, moves to stay proceedings on the Complaint. What was his right? Get your eyes back you and Smoke [Nazarios dog] can get on down the road.. 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. Once standing outside of the car, Gutierrez exercised knee-strikes and Crocker helped to eventually force Nazario to the ground and handcuff him. 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. 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 trial for an Army reservist's civil lawsuit against two Windsor police officers is underway in U.S. District Court in Richmond. 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. In its response, filed in Isle of Wight County Circuit Court, the town said the Black population percentages stated in the lawsuit were incorrect, but didnt provide corrected numbers. 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 other officer named in the lawsuit, Daniel Crocker, was also on the scene. The lawsuit claims that Gutierrez said the charges could impact Nazarios career with the Army. The Virginian-Pilot was the first to report on the lawsuit and release the body camera footage, which quickly went viral. 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. (Windsor Police via AP). Initially Nazario, who is Black and Latino and was wearing his service uniform, turned on his cell phone camera to record the incident. He also asked what was going on. Nazario later told the officers he wanted to stop in a well-lit area. 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. 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. * Traffic Enforcement. Well sit here with you. By the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker. 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? 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's lawyer, Tom Roberts, said it was a "sad day" and that the verdicts fail to send the message to other police officers that "this conduct is unacceptable.". Arthur then showed jurors Nazarios cellphone footage and video recorded by Crockers and Gutierrezs body-worn cameras. (Photo by Oliver Contreras/SIPA USA)(Sipa via AP Images). Nazario had a temporary New York plate taped to the inside of his cars rear window, but Crocker said he didnt see it and accused the lieutenant of eluding police for having driven roughly a mile down Route 460 to a BP gas station before stopping. A Warner Bros. FORECAST: No roaring lion this year to start March, captured on camera pepper-spraying and threatening him during a traffic stop. Did you encounter any technical issues? He was cleared of all false imprisonment, illegal search, and battery charges. Politicians and celebrities from across the United States have weighed in on the video. 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. It also seeks a civil penalty of $50,000 for each proven violation of the Virginia Human Rights Act. A lawyer for Lieutenant Nazario could not immediately be reached for comment. Nazarios lawsuit said the vehicle was new and he didnt have permanent plates yet, but he had cardboard temporary plates taped to the inside of the rear window. pic.twitter.com/YbqLAfa2w4, Army Lt. Nazario was driving his new car home. The officers faced four counts: assault, battery, false imprisonment and illegal search. In video footage provided with the complaint, Crocker said hes not complying.. Virginia attorney general sues town over police treatment of Black people after Caron Nazario investigation. 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. 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. You should be.. His attorney told 10 On Your Side he was scared and also confused by conflicting directions from the two officers. 24/7 coverage of breaking news and live events. As officers began to speak with him about the traffic stop, they asked if he had any weapons in his vehicle. Attorney General Mark Herring in Richmond, Va., in October. 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. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. He still works with Windsor Police. Nazario uttered several expletives and said he cant breathe as Gutierrez demanded him to get out of his car. The lawsuit was filed Friday. 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. Virginia Sues Town of Windsor, Accusing It of Discriminatory Policing, https://www.nytimes.com/2021/12/31/us/caron-nazario-windsor-virginia-police.html. There was a temporary tag displayed in the tinted rear window. Updated: 1:44 PM EST January 9, 2023. Download the free 8News and StormTracker 8 mobile apps! 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. One of the officers wrote in the police report that Nazario eluded police because he didn't stop right away. 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. 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. A judge appointed a special prosecutor after the Isle of Wight Commonwealths Attorney, Georgette Philips, recused herself. Instead, he could have the choice of the officers waiting with him while the effects of the OC spray wore off. 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