Initially Nazario, who is Black and Latino and was wearing his service uniform, turned on his cell phone camera to record the incident. Williamson and Rucker, her son, were found dead on this day 20 years ago in their Tilston Drive house. "Williamson was found beaten to death in the . This material may not be published, broadcast, rewritten, or redistributed. The lawsuit claims that Gutierrez said the charges could impact Nazarios career with the Army. 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 . Herring to file this lawsuit, except perhaps for the sake of headlines, which he will surely receive, the statement said. By the time Nazario stopped in the gas station, a second officer, Joe Gutierrez, had also arrived in his cruiser behind Crocker. Nazario identified it as his vehicles temporary New York plate. FORECAST: No roaring lion this year to start March, captured on camera pepper-spraying and threatening him during a traffic stop. 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 December 2020 traffic stop. 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. 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. 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. 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. The community they serve is nearly 30 square miles with a population of 28,500 citizens. He agrees that Nazario has a case. The jury found Gutierrez guilty of assault and must pay him $2,685 in damages, no malice. Gutierrez said the chief confirmed Nazario didnt have to be charged with obstruction of justice and not having license plates displayed. Black residents account for between 9% to 22% of Windsors population, and about 22% of Isle of Wight Countys population, according to the lawsuit. It sounds like the officers in Windsor were trying to make an agreement with Lt. Nazario. 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. Discovery Company. For Crocker, the jury found him only liable/guilty on an illegal search, no malice. 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. Windsor, including its police department, remains vigilant in protecting the rights of all residents of the town, Isle of Wight County, Commonwealth of Virginia and nation, regardless of race or gender, who pass through its limits, the statement said. Windsor police issue crime alert in area on city's east end . He was ordered to pay $1,000 in punitive damages and the jury did not find him guilty of false imprisonment, assault, or battery. TRENDING: Authorities respond to crash involving semi, bus in Suffolk; No one hurt. 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. Nazario said he did, and Crocker went into the vehicle to retrieve the gun, which Arthur, the attorney, contends was an illegal search. The officers faced four counts: assault, battery, false imprisonment and illegal search. Arthur said Nazarios Fourth Amendment rights were violated when officers exercised and unreasonable use of force and temporarily seized Nazarios gun. 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. He was cleared of all other charges. 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. Dont look away. While they are glad Gutierrez was ultimately let go because of his actions in the incident, Arthur stated they must take this further. Document reveals first known Canadian UFO study in nearly 30 years now underway. While the lawsuit does not and cannot ask for disciplinary action against the officers, Arthur said there needs to be accountability. 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. 2. 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 . 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. Lieutenant Nazario is gratified by the outpouring of support this weekend for the civil rights lawsuit he filed last week, says a statement from Thomas H. Roberts & Associates, P.C. 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. 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. Too often, officers will support their colleagues, right or wrong, at the cost of innocent civilians.. 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.. 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Caron Nazario is seen in this still image from body camera footage holding his hands up during the traffic stop in Windsor, Virginia. Crocker was liable for an illegal search, no malice. On Jan. 10, day two of the trial, Nazario continued his testimony. 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. Virginia Sues Town of Windsor, Accusing It of Discriminatory Policing, https://www.nytimes.com/2021/12/31/us/caron-nazario-windsor-virginia-police.html. He still works with Windsor Police. Crocker has retained Anne Lahren of the Virginia Beach-based firm Pender & Coward. The lawsuit was filed in April after an internal investigation was completed, with the public raising major concerns about the incident. In video footage provided with the complaint, Crocker said hes not complying.. Newsfeed Now: Biden unveils $1.75 trillion spending, Newsfeed Now: Democrats push to wrap up negotiations, Newsfeed Now: FDA panel backs Pfizers low-dose COVID-19, Newsfeed Now: Industry peers angry over deadly movie, Newsfeed Now: Infrastructure Bill drawing toward, Newsfeed Now: FBI IDs remains of Brian Laundrie;, Newsfeed Now: FBI finds remains at Florida reserve, Newsfeed Now: School official under fire for Holocaust, Newsfeed Now: Gabby Petitos family wants vengeance, Newsfeed Now: Family says Gen. 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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. (Windsor Police via AP). He was ordered to pay $1,000 in damages. Attorney General Mark Herring in Richmond, Va., in October. . 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. A lawyer for Lieutenant Nazario could not immediately be reached for comment. In June, Virginia State Police handed its investigation over to Hamptons Commonwealths Attorney Anton Bell. In making these erroneous and conclusory allegations Plaintiff has attempted to put blinders on this court and by stating conclusions that are totally untrue, Conrad wrote in the court filing. 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. 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. Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. They'll resume Jan. 17. 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 that sparked national outrage. It can occur as a result of living through combat, rape, a natural disaster, historical trauma, domestic violence or bullying. 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. The investigation revealed huge disparities in enforcement against African American drivers, and a troubling lack of policies and procedures to prevent discriminatory or unconstitutional policing, the statement said. If you need to file a police report, call dispatch at 707-565-2121. Gutierrez then said that he had spoken with the chief of police because Nazario had asked for a supervisor. 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. The suit comes after a monthslong investigation, which Attorney General Mark Herring said uncovered a pattern of discriminatory, unconstitutional policing.. Your effort and contribution in providing this feedback is much 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. Sessions with Utsey have cost a cumulative $7,000, Nazario testified. The officers ultimately released Nazario and no charges were filed against him. 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. 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. The traffic stop happened on December 5, 2020, when former police officer Joe Gutierrez pepper-sprayed Lt. 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