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. Arthur then showed jurors Nazarios cellphone footage and video recorded by Crockers and Gutierrezs body-worn cameras. 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.. "I'm honestly afraid to get out," Nazario said during the traffic stop. 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. Caesars Windsor is celebrating 15 years of headline entertainment with a popular comedian and actor. 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. Caron Nazario says his constitutional rights were violated by the traffic stop in the town of Windsor in December. 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. Turn on desktop notifications for breaking stories about interest? Nazario, now 29, was a 2nd lieutenant at the time of the traffic stop but has since been promoted to 1st lieutenant. In April, Lieutenant Nazario filed a lawsuit in the U.S. District Court for the Eastern District of Virginia. Sessions with Utsey have cost a cumulative $7,000, Nazario testified. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. Nazario said he did, and Crocker went into the vehicle to retrieve the gun, which Arthur, the attorney, contends was an illegal search. Valerie Cofer Butler, the president of the N.A.A.C.P. While they are glad Gutierrez was ultimately let go because of his actions in the incident, Arthur stated they must take this further. In body camera video, Crocker said he could not see a visible rear license plate on Nazarios SUV when he initiated the traffic stop. The attorney general announced an investigation that month. Isle of Wight Commonwealths Attorney, Georgette Philips, recused herself. 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. 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. Let's talk about the Meteorological Winter that wasn't. The press conference will be streamed live on WRIC.com. 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. Miyares said through a spokeswoman Tuesday that the lawsuit remains pending and he had no comment on it at this time. (Windsor Police via AP). The attorney generals investigation found that Black drivers accounted for about 42 percent of the departments traffic stops from July 2020 through September 2021. "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. This material may not be published, broadcast, rewritten, or redistributed. The officers pulled over Nazario on the evening of Dec. 5, 2020. 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. Video of police stop involving Lt. Caron Nazario. Yeah, says one of the officers, according to footage from his body camera. He also said they violated the First Amendment by threating Nazarios career if he complained. On Jan. 10, day two of the trial, Nazario continued his testimony. Start your morning in-the-know with the day's top stories. Nazarios attorney, Thomas Roberts, called today's hearing the first step in a long legal process. "We will be issuing subpoenas and written questions that have to be answered under oath by the defendants and we will ask for documents that they need to produce.". Chief Rodney Daniel Riddle of the Windsor Police emailed a statement from the town and the police department that said the decision to file a lawsuit against Windsor was clearly political.. Brandyn Steinwender says the lawsuit he filed against Windsor police stems from what happened on Ouellette Avenue, near Park Street in the early morning hours of November 10, 2019. According to the suit, 2nd Lt. Caron Nazario, an Army Medical Corps officer of Latinx and African American . Gutierrez was fired in 2021 following an investigation into the use of force during the incident and Crocker remains on the force. 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. 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. Eventually, Crocker attempted to open Nazarios door while he told him to calm down.. 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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. The jury awarded 2nd Lt. Caron Nazario a total of $3,685 in the lawsuit against Windsor, Virginia, police officers Joe Gutierrez and Daniel Crocker. For Crocker, the jury found him only liable/guilty on an illegal search, no malice. 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. * School Resource Officer. https://twitter.com/qasimrashid/status/1380703485289754630?s=21. Nazario was ultimately let go without charges. Nazarios attorneys filed a motion for a new trial on Friday, according to court documents obtained by CNN. 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. 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. In this image made from Windsor, (Va.) Police video, A police officer uses a spray agent on Caron Nazario on Dec. 20, 2020, in Windsor, Va. Nazario, a second lieutenant in the U.S. Army, is suing two Virginia police officers over a traffic stop during which he says the officers drew their guns and pointed them at him as he was dressed in uniform. By the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker. 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. Arthur said Nazarios Fourth Amendment rights were violated when officers exercised and unreasonable use of force and temporarily seized Nazarios gun. The states lawsuit seeks court-ordered policy changes in the Windsor Police Department, including that traffic stops are conducted without bias and that use of force incidents are reported in compliance with state law. This was the first time the state of Virginia has sued a law enforcement agency under a new law that gives the attorney general the right to do so in cases involving civil rights violations. Read the lawsuit Army Lt. Caron Nazario filed against Windsor Police. 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. 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. 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 . Gutierrez is represented by Jessica Swauger and Coreen Silverman of the Glen Allen firm Hancock, Daniel & Johnson. 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. 2. The Windsor Police Services board and two officers face a $600,000 defamation lawsuit from an Arby's restaurant franchise following an incident in June. Updated: 1:44 PM EST January 9, 2023. Did you encounter any technical issues? It sounds like the officers in Windsor were trying to make an agreement with Lt. Nazario. 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. Arthur said this was threating retaliation if Nazario complained about the incident. He was cleared of all other charges. There was a temporary tag displayed in the tinted rear window. As officers began to speak with him about the traffic stop, they asked if he had any weapons in his vehicle. Nazario, who is of Black and Latino descent, accuses the two white officers [] He also said this was when the officers attitudes toward Nazario changed. Windsor Police Chief Rodney "Dan" Riddle did not respond to a request for. Attorney General Mark Herring in Richmond, Va., in October. In body camera footage, Gutierrez told Nazario that if he had just complied he would have been gone by now.. 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. Of Wight Commonwealths attorney, Georgette Philips, recused herself speak with him about the,. 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