Lieutenant Nazario, of the U.S. Army Medical Corps, was driving to Petersburg, Va., last year when he saw police lights flashing behind him. * Conduct Investigations. He accused the officers of illegally searching his car, using excessive force and violating his rights under the First and Fourth Amendments. Crocker, he noted, had been only six weeks out of the police academy at the time, and had been in field training under the supervision of Gutierrez. 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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. 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. The jury found Gutierrez guilty of assault and must pay him $2,685 in damages, no malice. 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. Notifications can be turned off anytime in the browser settings. #BlackLivesMatter pic.twitter.com/Qa27El356s, A U.S. Army officer filed a federal civil lawsuit against police officers who pepper-sprayed and assaulted him. 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. Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. Related: Hampton Commonwealth's Attorney appointed special prosecutor in Windsor Army Lt. traffic stop case. 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. 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. It also seeks a civil penalty of $50,000 for each proven violation of the Virginia Human Rights Act. Nazario later told the officers he wanted to stop in a well-lit area. 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. 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. All Rights Reserved. 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 officer then pepper-sprayed Nazario, exercised knee-strikes to his legs and placed him handcuffs. In video footage provided with the complaint, Crocker said hes not complying.. 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. Police said they pulled him over for not having a visible rear license plate, but in the footage, a temporary license plate can be seen in the rear window of Nazario's then-new SUV. Gutierrez then told Crocker to back up and proceeded to deploy OC spray multiple times into Nazarios face. Nazario said he did, and Crocker went into the vehicle to retrieve the gun, which Arthur, the attorney, contends was an illegal search. 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 . 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. Whether you want to DIY it or go with a craft kit, theres something for everyone this St. Patricks Day. "Williamson was found beaten to death in the . CNN Sans & 2016 Cable News Network. 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. Nazario also expressed worry that his dog was choking from its kennel in the back of the SUV. Copyright 2023 Scripps Media, Inc. All rights reserved. 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. As officers began to speak with him about the traffic stop, they asked if he had any weapons in his vehicle. 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. Officers Joe Gutierrez and Daniel Crocker stopped Nazario for a missing rear license plate in 2020. 2. They took a lot of time with this decision. Virginia attorney general sues town over police treatment of Black people after Caron Nazario investigation. 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.. [Related coverage: Police videos like the Windsor one that went viral usually stay secret in Virginia]. 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. Copyright 2021 Scripps Media, Inc. All rights reserved. (Photo by Oliver Contreras/SIPA USA)(Sipa via AP Images). 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. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. A Warner Bros. RICHMOND, Va. (WRIC) The law firm representing Virginia National Guard Lt. Caron Nazario, shown in a viral video having guns drawn on him and being pepper-sprayed by officers from the Windsor, Virginia, Police Department, released a statement on Monday thanking those whove shown support of a civil rights lawsuit filed against the two policemen in Norfolk federal court. The Town of Windsor announced Sunday night that Gutierrez had been terminated from the police force following an internal investigation. Caron Nazario is seen in this still image from body camera footage holding his hands up during the traffic stop in Windsor, Virginia. In body camera video, Crocker said he could not see a visible rear license plate on Nazarios SUV when he initiated the traffic stop. Once standing outside of the car, Gutierrez exercised knee-strikes and Crocker helped to eventually force Nazario to the ground and handcuff him. He also said they violated the First Amendment by threating Nazarios career if he complained. "Yeah, you should be," Gutierrez replied. 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. "I'm honestly afraid to get out," Nazario said during the traffic stop. 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. 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. Neither have asked for the other claim, the Fourth Amendment violation, to be dismissed. 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. Nazario identified it as his vehicles temporary New York plate. Nazario, now 29, was a 2nd lieutenant at the time of the traffic stop but has since been promoted to 1st lieutenant. At that time, when he was safe to drive, he would be free to go, Gutierrez said. Turn on desktop notifications for breaking stories about interest? The community they serve is nearly 30 square miles with a population of 28,500 citizens. This material may not be published, broadcast, rewritten, or redistributed. The federal case began Monday in Richmond, with testimony [] Gutierrez yelled at Nazario that he was fixin to ride the lightning, which the complaint states is an expression for execution. A big piece of that is the body camera video. Bell will look at all the evidence from the December traffic stop. Prosecutor begins review of case of pepper-sprayed soldier in Windsor, Black drivers more likely to be pulled over in Virginia, new state data shows, Court Documents: Motion to dismiss Army lieutenant's lawsuit filed by former Windsor police officer. Warning: this is hard to watch. 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. 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. [Gutierrez] acknowledged it was [Nazarios] right. Sessions with Utsey have cost a cumulative $7,000, Nazario testified. 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. Lt. Caron Nazario, of Latinx and African American descent, alleges that his constitutional rights were violated and race played a role. Nazario stated that he wanted to pull over in a well-lit area. * Traffic Enforcement. The lawsuit, which was filed in Norfolk Federal Court April 2, said the incident occurred around 6:30 p.m. Dec. 5. (AP). Attorney General Mark Herring in Richmond, Va., in October. Weve launched an investigation and youll definitely be hearing from us later.. By the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker. Gutierrez responded to the scene when Crocker reported a felony traffic stop to dispatchers. Gutierrez was then fired. Were very concerned about what weve seen, said Valarie Butler, president of the Isle of Wight chapter of the NAACP. Speak to recruitment advertising specialist, Related coverage: Police videos like the Windsor one that went viral usually stay secret in Virginia. Requests for comment from the Town of Windsor police chief and town manager were not immediately returned Friday. Stay with 8News for updates and continuing coverage of this story. The Isle of Wight branch and the Virginia NAACP plans to hold a press conference at 6 p.m. Monday to address the incident. 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. An attorney for Crocker commended the jurys decision Tuesday.
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