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. News 3 reached out to Gutierrezs attorneys and did not hear back. It's the latest development in a case prompted by a traffic stop involving Nazario and Windsor Officers Gutierrez and Daniel Crocker. * Security for Special Events. Published 5:58 pm Friday, January 13, 2023. Monday night, News 3 learned Crocker has joined Gutierrez asking a judge to dismiss the complaint regarding the claim for First Amendment violation. The Associated Press contributed to this report. It was [Nazarios] right to protest, his right to push this thing further, to carry it further, to make a grievance, to continue his protest and [Gutierrez] made it clear that if [Nazario] was willing to just let it go, then Gutierrez was not going to push forward and charge him with these bogus crimes, said Roberts. The other officer named in the lawsuit, Daniel Crocker, was also on the scene. Crocker had pulled Nazario over for allegedly lacking a rear license plate. About 2,600 people live in Windsor, a town roughly 70 miles southeast of Richmond. Sessions with Utsey have cost a cumulative $7,000, Nazario testified. The officers faced four counts: assault, battery, false imprisonment and illegal search. In body camera footage from Crocker, Nazario said nobody would choose charges. This material may not be published, broadcast, rewritten, or redistributed. Could new DNA tech crack the JonBenet Ramsey case? 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. His attorney told 10 On Your Side he was scared and also confused by conflicting directions from the two officers. Bell will look at all the evidence from the December traffic stop. Jane Harper, The Virginian-Pilot. 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. (Photo by Oliver Contreras/SIPA USA)(Sipa via AP Images). 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. 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. TORONTO TD Bank Group says it will pay US$1.205 billion to settle a lawsuit in connection with a multi-year Ponzi scheme . Attorney General Mark Herring in Richmond, Va., in October. Arthur then showed jurors Nazarios cellphone footage and video recorded by Crockers and Gutierrezs body-worn cameras. The incident took place on Dec. 5, 2020, when Nazario was pulled over by officers Gutierrez and Crocker who claim Nazario did not have a rear license plate showing on his Chevrolet Tahoe. Too often, officers will support their colleagues, right or wrong, at the cost of innocent civilians.. Windsor is one of nearly 100 Virginia communities to receive federal grants encouraging tickets. 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.. 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 lawyer for Lieutenant Nazario could not immediately be reached for comment. The town of Windsor said the Virginia Attorney Generals Office used flawed data to support a lawsuit accusing its police department of operating in a discriminatory way against Black motorists. 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. The Windsor police also ended grant-funded patrols, saying it was in the best interest of our agency and our community.. Nazario was ultimately let go without charges. Copyright 2023 Scripps Media, Inc. All rights reserved. Arthur then highlighted a small white rectangle visible in the body camera footage of both officers. 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. The lawsuit, filed by James Laughton . Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. 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. 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. 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. 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. Caesars Windsor is celebrating 15 years of headline entertainment with a popular comedian and actor. 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. This material may not be published, broadcast, rewritten, or redistributed. The jury also determined that Officer Daniel Crocker must pay $1,000 in punitive damages for an illegal search of his vehicle, court documents show. If you need to file a police report, call dispatch at 707-565-2121. He accused the officers of illegally searching his car, using excessive force and violating his rights under the First and Fourth Amendments. Whether you want to DIY it or go with a craft kit, theres something for everyone this St. Patricks Day. 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 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. After the footage of Lieutenant Nazarios stop was released last year, Windsor leaders moved to pursue ways to slow traffic while reducing police and citizen contacts, including electronic signs and rumble strips. 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. 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. Silverman, who is herself Black and originally from Jamaica, contended in her opening remarks that Gutierrezs ride the lightning remark was a reference to someone about to get hit with a taser. The attorney generals investigation found that Black drivers accounted for about 42 percent of the departments traffic stops from July 2020 through September 2021. By the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker. Crocker has retained Anne Lahren of the Virginia Beach-based firm Pender & Coward. Let's talk about the Meteorological Winter that wasn't. Here are the best, General Assembly going into overtime to finish budget, Va. railroad safety bill rejected before train derailment, GOP panel kills effort to scrap same-sex marriage, GOP plan defunds state agency on marijuana, Restricting solitary confinement not a done deal, Donations wanted: 10th annual Chesterfield Diaper, Virginias superintendent of public instruction resigns, Chesterfield curbside recycling pick up free until, Execution-style murder in St, Louis caught on video, Arrest warrants issued for projected NFL draft pick, Jury visits Moselle; closing arguments in Murdaugh, Several VCU-area Richmond roads closing for paving, The top five trophy smallmouth bass waters in Virginia, Man shot at Chesterfield nightclub Sunday morning, Va. lawmakers take on China as spy balloon raises, Va. 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. Lieutenant Nazario asked why he had been stopped and why the officers had drawn their guns. The traffic stop happened on December 5, 2020, when former police officer Joe Gutierrez pepper-sprayed Lt. Caron Nazario, whose hands were up out of his car window. Thank you for a job well done, well-reasoned. As a subscriber, you have 10 gift articles to give each month. Copyright 2023 Nexstar Media Inc. All rights reserved. He told jurors hed been diagnosed with anxiety and post-traumatic stress disorder, or PTSD. 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. Lieutenant Nazario, of the U.S. Army Medical Corps, was driving to Petersburg, Va., last year when he saw police lights flashing behind him. In June, Virginia State Police handed its investigation over to Hamptons Commonwealths Attorney Anton Bell. Nazario uttered several expletives and said he cant breathe as Gutierrez demanded him to get out of his car. WINDSOR, Va. A U.S. Army lieutenant who was pepper sprayed, struck, and handcuffed by police in rural Virginia, but never arrested, is arguing to a jury . Watch it anyway. The press conference will be streamed live on WRIC.com. The Canadian government's top scientist has launched a study into UFOs and will release a public report by mid-2024 . Herrings office filed its lawsuit in late December, just two weeks before the two-term Democrat left office. 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. Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. They'll resume Jan. 17. Start your morning in-the-know with the day's top stories. The lawsuit, which was filed in Norfolk Federal Court April 2, said the incident occurred around 6:30 p.m. Dec. 5. 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. "Williamson was found beaten to death in the . Give Light and the People Will Find Their Own Way. Lt. Caron Nazario, of Latinx and African American descent, alleges that his constitutional rights were violated and race played a role. 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. 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 PM has been deeply involved in hammering out new terms . 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. 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. While they are glad Gutierrez was ultimately let go. The statement also called the data cited in the attorney generals investigation questionable.It said that the towns seven-person police force includes minority representation. Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. They'll resume Jan. 17. 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. 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. 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. He was defeated in November by Jason Miyares, a Republican from Virginia Beach. Nazario identified it as his vehicles temporary New York plate. 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. 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. Copyright 2021 Scripps Media, Inc. All rights reserved. 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 police department provides law enforcement services to the Town of Windsor including but not limited to: * Patrol Duties. The lawsuit was filed Friday. Updated: 4:19 PM EST February 11, 2022. Williamson and Rucker, her son, were found dead on this day 20 years ago in their Tilston Drive house. Notifications can be turned off anytime in the browser settings. Arthur said Nazarios Fourth Amendment rights were violated when officers exercised and unreasonable use of force and temporarily seized Nazarios gun. Video of police stop involving Lt. Caron Nazario. Miyares said through a spokeswoman Tuesday that the lawsuit remains pending and he had no comment on it at this time. They knew they were in the wrong and they threatened to ruin the mans career if he called them out on it, Arthur said. The Isle of Wight branch and the Virginia NAACP plans to hold a press conference at 6 p.m. Monday to address the incident. 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. Arthur said this was threating retaliation if Nazario complained about the incident. 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. Weve launched an investigation and youll definitely be hearing from us later.. Officers Joe Gutierrez and Daniel Crocker stopped Nazario for a missing rear license plate in 2020. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. In April, Lieutenant Nazario filed a lawsuit in the U.S. District Court for the Eastern District of Virginia. There was no need for Mr. All Rights Reserved. Get your eyes back you and Smoke [Nazarios dog] can get on down the road.. Jane Harper, 757-222-5097, jane.harper@pilotonline.com. . Initially Nazario, who is Black and Latino and was wearing his service uniform, turned on his cell phone camera to record the incident. Kevin Hart is returning to The Colosseum stage on Sunday, May 21 at 8 p.m. with his "Reality . It would . 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. 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. Did you encounter any technical issues? In body camera footage, Gutierrez told Nazario that if he had just complied he would have been gone by now.. I was shocked and immediately concerned for my safety, Nazario testified. appreciated. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. BELOW: Body camera footage from Gutierrez. 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. * Traffic Enforcement. Notifications can be turned off anytime in the browser settings. Gutierrez responded to the scene when Crocker reported a felony traffic stop to dispatchers. Its about the domination and humiliation of a Black man because he asked questions and didnt comply. pic.twitter.com/RFE79TjWJ8. A judge appointed a special prosecutor after the Isle of Wight Commonwealths Attorney, Georgette Philips, recused herself. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. Per court documents posted on Nazario's lawyer's website, Crocker also "moves to stay proceedings on the Complaint filed by Plaintiff Caron Nazario (Nazario) until the completion of on going state and federal investigations, or in the alternative, for a period of ninety days.". Man because he asked questions and didnt comply Virginia State police handed its investigation over to Hamptons Commonwealths attorney bell. Identified it as his vehicles temporary new York plate 8 p.m. with his & quot ; Williamson was beaten. Largely sided with the day 's top stories 7,000, Nazario said would. 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