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. Start your morning in-the-know with the day's top stories. Your effort and contribution in providing this feedback is much Herrings office filed its lawsuit in late December, just two weeks before the two-term Democrat left office. In video footage provided with the complaint, Crocker said hes not complying.. Thank you for a job well done, well-reasoned. 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. "It is open season on citizens in Virginia and across the county," Roberts said in a statement. Were very concerned about what weve seen, said Valarie Butler, president of the Isle of Wight chapter of the NAACP. Thats when he activated the video camera on his cellphone to record the encounter. 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. 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. The federal case began Monday in Richmond, with testimony [] BELOW: Body camera footage from Gutierrez. 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. "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.". 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. 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 . Read the lawsuit Army Lt. Caron Nazario filed against Windsor Police. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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.". The PM has been deeply involved in hammering out new terms . Instead, he could have the choice of the officers waiting with him while the effects of the OC spray wore off. (AP). One of the officers wrote in the police report that Nazario eluded police because he didn't stop right away. 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. 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. Now, Nazario is asking for at least $1 million in damages and for the court to rule that the two officers violated his rights, including rights under the Fourth Amendment. Windsor police issue crime alert in area on city's east end . #BlackLivesMatter pic.twitter.com/Qa27El356s, A U.S. Army officer filed a federal civil lawsuit against police officers who pepper-sprayed and assaulted him. Lt. Caron Nazario, of Latinx and African American descent, alleges that his constitutional rights were violated and race played a role. Copyright 2023 Nexstar Media Inc. All rights reserved. "Yeah, you should be," Gutierrez replied. Windsor police officers for a controversial December 2020 traffic stop. Gutierrez said the chief confirmed Nazario didnt have to be charged with obstruction of justice and not having license plates displayed. WINDSOR, Va. A judge has rejected a former Windsor Police officer's request to drop First Amendment claims in a lawsuit stemming from a traffic stop . Updated: 1:44 PM EST January 9, 2023. 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. 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. Roberts said there is a chance the town of Windsor and Windsor Police Chief Rodney Riddle could be added as defendants in the case. You should be.. The community they serve is nearly 30 square miles with a population of 28,500 citizens. 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. While they are glad Gutierrez was ultimately let go. 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. The officers pulled over Nazario on the evening of Dec. 5, 2020. 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. Valerie Cofer Butler, the president of the N.A.A.C.P. Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. He was cleared of all other charges. 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. Gutierrez then told Crocker to back up and proceeded to deploy OC spray multiple times into Nazarios face. 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. For Crocker, the jury found him only liable/guilty on an illegal search, no malice. Did you encounter any technical issues? Nazario filed a lawsuit in April against Windsor Police Officer Daniel Crocker and former officer Gutierrez, saying his First Amendment and Fourth Amendment rights were violated during the. Jane Harper, The Virginian-Pilot. 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. All Rights Reserved. The lawsuit and videos have also now caught the attention of local civil rights groups. 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. On Tuesday, Nazario was awarded $2,685 in compensation for damages after a jury determined former Windsor police officer Joe Gutierrez assaulted the Army officer. 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. 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. A judge will decide whether there is merit to throw out the First Amendment claim in the case. I was shocked and immediately concerned for my safety, Nazario testified. 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. Caron Nazario is seen in this still image from body camera footage holding his hands up during the traffic stop in Windsor, Virginia. Body camera footage showed Gutierrez pepper spray Nazario when he would not get out of the car. 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. On Jan. 10, day two of the trial, Nazario continued his testimony. Example video title will go here for this video. Anyone can read what you share. Nazarios attorney, Thomas Roberts, called today's hearing the first step in a long legal process. It can occur as a result of living through combat, rape, a natural disaster, historical trauma, domestic violence or bullying. 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 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. Gutierrez was fired by the Windsor Police Department in 2021 for not following department policy during the incident. appreciated. RICHMOND 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. 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. Let's talk about the Meteorological Winter that wasn't. Could new DNA tech crack the JonBenet Ramsey case? The federal case began Monday in Richmond, with testimony [] 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. pepper sprayed, pushed to the ground and handcuffed. 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. He was commissioned as an officer in December 2016 when he graduated from Virginia State University. Nazario was ultimately let go without charges. 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. 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. The federal case, which began Monday, Jan. 9, is set for a five-day jury trial in Richmond. 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. This material may not be published, broadcast, rewritten, or redistributed. He accused the officers of illegally searching his car, using excessive force and violating his rights under the First and Fourth Amendments. 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CNNs Jennifer Feldman, Natasha Chen, Jamiel Lynch, Dakin Andone and Chris Boyette contributed to this report. While the lawsuit does not and cannot ask for disciplinary action against the officers, Arthur said there needs to be accountability. The attorney generals investigation found that Black drivers accounted for about 42 percent of the departments traffic stops from July 2020 through September 2021. Gutierrez responded to the scene when Crocker reported a felony traffic stop to dispatchers. Miyares said through a spokeswoman Tuesday that the lawsuit remains pending and he had no comment on it at this time. Caesars Windsor is celebrating 15 years of headline entertainment with a popular comedian and actor. The lawsuit was filed in April after an internal investigation was completed, with the public raising major concerns about the incident. 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. About 2,600 people live in Windsor, a town roughly 70 miles southeast of Richmond. Requests for comment from the Town of Windsor police chief and town manager were not immediately returned Friday. (Photo by Oliver Contreras/SIPA USA)(Sipa via AP Images). Caron Nazario was never arrested. 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. 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. 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 . As such, the jury will be tasked only with awarding damages for the search, as well as deciding whether either officers actions constituted false imprisonment and assault and battery. Matthews contended in his opening that any damages stemming from the search were absolutely and totally minimal.. Sonny Stallings is a criminal lawyer in Virginia Beach. 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. 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