Get your eyes back you and Smoke [Nazarios dog] can get on down the road.. He was ordered to pay $1,000 in damages. While they are glad Gutierrez was ultimately let go because of his actions in the incident, Arthur stated they must take this further. The officers faced four counts: assault, battery, false imprisonment and illegal search. 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. TRENDING: Authorities respond to crash involving semi, bus in Suffolk; No one hurt. 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 . 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. , Jury visits Moselle; closing arguments in Murdaugh, NCDOT seeking public input on Green Transportation, The Roanoke area is home to top five trophy smallmouth, READ: Complaint filed by Nazario against Windsor police officers, As Bowie archive finds new home at UK museum, start, 5 fun crafts for kids on St. Patricks Day, Inspired by the Iditarod race? A lawyer for Lieutenant Nazario could not immediately be reached for comment. 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. Crocker initiated the traffic stop after seeing a dark SUV with dark tinted windows and no license plate, police reports show. If not, it will go on to a jury. 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. A judge will decide whether there is merit to throw out the First Amendment claim in the case. You can start building your own collection of David Bowie memorabilia thanks to his extensive body of music, film and more. TORONTO TD Bank Group says it will pay US$1.205 billion to settle a lawsuit in connection with a multi-year Ponzi scheme . Nazarios lawyers point to a 2006 case where a Fourth Circuit Court of Appeals ruled that retaliatory action in the nature of speech that threatens, coerces or intimidates establishes a violation of an individual's First Amendment rights. Im honestly afraid to get out of the car, he said, as he stayed in his seat. This material may not be published, broadcast, rewritten, or redistributed. 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.". Discovery Company. By submitting your email to receive this newsletter, you agree to our. Herrings office filed its lawsuit in late December, just two weeks before the two-term Democrat left office. Nazarios driving a car with dark tinted windows, coupled with Gutierrez only having arrived after originally heading in the opposite direction until hearing Crockers felony traffic stop call, Silverman contended, meant there was no way for Gutierrez to know whether the car had been stolen or if it was carrying contraband. Windsor got $15,750 to target speeders. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Weve launched an investigation and youll definitely be hearing from us later.. The community they serve is nearly 30 square miles with a population of 28,500 citizens. 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. Asked by his attorney, Jonathan Arthur, why he didnt pull over immediately upon seeing the flashing blue lights of Crockers patrol car, Nazario testified that he initially thought Crocker was trying to pull someone else over, and had been trying to get out of Crockers way. We must consider steps to decertify officers that engage in this behavior, so that they cannot seek employment with other law enforcement agencies, Arthur said. It also seeks a court order barring the Windsor police from engaging in discriminatory activities and a court-ordered period of independent monitoring of the department, at its own expense, with a civil penalty of $50,000 for each proven violation of the Virginia Human Rights Act. 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 you need to file a police report, call dispatch at 707-565-2121. A big piece of that is the body camera video. 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 Windsor Police Department is comprised of approximately 65 employees; 52 sworn officers and 10 civilians and dispatchers. 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. The police department provides law enforcement services to the Town of Windsor including but not limited to: * Patrol Duties. In video footage provided with the complaint, Crocker said hes not complying.. 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. Your effort and contribution in providing this feedback is much Arthur then highlighted a small white rectangle visible in the body camera footage of both officers. There was no need for Mr. 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. Arthur said the lawsuit was filed in federal court because it alleges Nazario's constitutional rights were violated. * Conduct Investigations. "I'm honestly afraid to get out," Nazario said during the traffic stop. It would . 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. Virginia Governor Ralph Northam, Attorney General Mark Herring and U.S. 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. The Virginian-Pilot was the first to report on the lawsuit and release the body camera footage, which quickly went viral. Lt. Nazarios unit has been aware of the incident since it occurred in early December, and they have remained in close contact with him and made sure he had any support needed from the Virginia National Guard. 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. There was a temporary tag displayed in the tinted rear window. The officers ultimately released Nazario and no charges were filed against him. Whether you want to DIY it or go with a craft kit, theres something for everyone this St. Patricks Day. Isle of Wight Commonwealths Attorney, Georgette Philips, recused herself. Additionally, the law enforcement community has considered seriously the failure of officers like Daniel Crocker to promptly intervene to end an unjust police-civilian encounter as it unfolds. The press conference will be streamed live on WRIC.com. Gutierrez was then fired. Nazario was ultimately let go without charges. The lawsuit claims that Gutierrez said the charges could impact Nazarios career with the Army. He did not want to stop on a dark road, so he drove about a mile to a gas station, according to a lawsuit and video footage of the encounter. 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. Caron Nazario was never arrested. 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. Anyone can read what you share. The lawsuit, which was filed in Norfolk Federal Court April 2, said the incident occurred around 6:30 p.m. Dec. 5. Sessions with Utsey have cost a cumulative $7,000, Nazario testified. Give Light and the People Will Find Their Own Way, pepper-spraying a U.S. Army lieutenant during a traffic stop, moves to stay proceedings on the Complaint. 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.. He put at least one hand outside his drivers side window after officers ordered him several times to do so. Arthur said this was threating retaliation if Nazario complained about the incident. 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 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. You should be.. Nazario is suing Crocker and ex-Windsor officer Joe Gutierrez over the incident. 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