Im honestly afraid to get out of the car, he said, as he stayed in his seat. The trial for an Army reservist's civil lawsuit against two Windsor police officers is underway in U.S. District Court in Richmond. 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. 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. 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. Let's talk about the Meteorological Winter that wasn't. Footage of the December 5, 2020, traffic stop which was captured by several cameras, including both officers body cameras and Nazarios phone shows Nazario, who was in uniform, having guns pointed at him, being pepper-sprayed four times, wrestled to the ground and handcuffed. Gutierrez yelled at Nazario that he was fixin to ride the lightning, which the complaint states is an expression for execution. The officer then pepper-sprayed Nazario, exercised knee-strikes to his legs and placed him handcuffs. They took a lot of time with this decision. The Town of Windsor announced Sunday night that Gutierrez had been terminated from the police force following an internal investigation. If you dont say anything, we wont say anything, implying that, If you do, were going to charge you with something.' 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. 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. 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. Your effort and contribution in providing this feedback is much He put at least one hand outside his drivers side window after officers ordered him several times to do so. All Rights Reserved. The other officer named in the lawsuit, Daniel Crocker, was also on the scene. Attorney General Mark Herring in Richmond, Va., in October. Jane Harper, The Virginian-Pilot. Start your morning in-the-know with the day's top stories. Police said that an urgent search was now underway for Constance Marten and Mark Gordon's child. If you have an emergency, dial 911. Dont look away. 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 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. Miyares said through a spokeswoman Tuesday that the lawsuit remains pending and he had no comment on it at this time. 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. * Conduct Investigations. 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. Virginia attorney general sues town over police treatment of Black people after Caron Nazario investigation. * School Resource Officer. This material may not be published, broadcast, rewritten, or redistributed. 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. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. 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. 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. 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. He was cleared of all false imprisonment, illegal search, and battery charges. Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. About 2,600 people live in Windsor, a town roughly 70 miles southeast of Richmond. 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. 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. "It is open season on citizens in Virginia and across the county," Roberts said in a statement. Caesars Windsor is celebrating 15 years of headline entertainment with a popular comedian and actor. In April, an officer involved in the stop, Joe Gutierrez, was fired from the police department. A judge appointed a special prosecutor after the Isle of Wight Commonwealths Attorney, Georgette Philips, recused herself. Bell will look at all the evidence from the December traffic stop. The lawsuit, which was filed in Norfolk Federal Court April 2, said the incident occurred around 6:30 p.m. Dec. 5. The Windsor police also ended grant-funded patrols, saying it was in the best interest of our agency and our community.. Ex-Windsor Police Officer Joe Gutierrez asked the court to dismiss Army Lt. Caron Nazario's First Amendment claims because Nazario was not actually arrested, but a federal judge rejected that request, saying Gutierrez is seen in the bodycam video threatening to arrest Nazario if he chose to argue. 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 . 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. #BlackLivesMatter pic.twitter.com/Qa27El356s, A U.S. Army officer filed a federal civil lawsuit against police officers who pepper-sprayed and assaulted him. 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. 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. Turn on desktop notifications for breaking stories about interest? The officers faced four counts: assault, battery, false imprisonment and illegal search. The town of Windsor said the Virginia Attorney General's Office used flawed data to support a lawsuit accusing its police department of operating in a discriminatory way against Black. The lawsuit and videos have also now caught the attention of local civil rights groups. 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. Copyright 2021 Scripps Media, Inc. All rights reserved. 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. 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. 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. 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Nazario, who is of Black and Latino descent, accuses the two white officers of racially motivated police brutality while holding him at gunpoint during a Dec. 5, 2020, traffic stop and shouting conflicting commands at him to keep his hands out of his cars window and exit the vehicle. pic.twitter.com/YbqLAfa2w4, Army Lt. Nazario was driving his new car home. He told jurors hed been diagnosed with anxiety and post-traumatic stress disorder, or PTSD. If you need to file a police report, call dispatch at 707-565-2121. 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. 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. Williamson and Rucker, her son, were found dead on this day 20 years ago in their Tilston Drive house. 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. Authorities respond to crash involving semi, bus in Suffolk; No one hurt. . 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. 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. Nazario said he did, and Crocker went into the vehicle to retrieve the gun, which Arthur, the attorney, contends was an illegal search. 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. 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. 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. Windsor police officers for a controversial December 2020 traffic stop. Holiday Closures Announced for Town of Windsor Facilities. 2. News 3 reached out to Gutierrezs attorneys and did not hear back. The PM has been deeply involved in hammering out new terms . Copyright 2023 Nexstar Media Inc. All rights reserved. The police department provides law enforcement services to the Town of Windsor including but not limited to: * Patrol Duties. Two Windsor police officers are facing a civil lawsuit that alleges they acted aggressively towards a minority, uniformed Army officer during a traffic stop. 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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. The suit seeks $1 million in damages from Joe Gutierrez and Daniel Crocker, alleging that the two officers violated Nazarios First and Fourth Amendment rights. Example video title will go here for this video. He was pulled over, pepper sprayed, and arrested without explanation.This is racism. There was no need for Mr. 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. Nazario uttered several expletives and said he cant breathe as Gutierrez demanded him to get out of his car. Anyone can read what you share. 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. While the lawsuit does not and cannot ask for disciplinary action against the officers, Arthur said there needs to be accountability. Gutierrez was ordered to pay $2,685 in damages, no malice, under liability for assault. CNN Sans & 2016 Cable News Network. 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. By submitting your email to receive this newsletter, you agree to our. The jury however largely sided with the officers, finding Nazario didnt prove other allegations in the suit, such as false imprisonment. 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. It would . 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