He was cleared of all other charges. You should be.. Nazarios attorney, Thomas Roberts, called today's hearing the first step in a long legal process. It will close again on Friday, Dec. 30 at noon and remain closed through Monday, Jan. 2, 2023. He also asked what was going on. 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. NORFOLK, Va. (WAVY/AP) A second lieutenant in the U.S. Army is suing two Town of Windsor police officers over a traffic stop during which the officers drew their guns, pointed them at him and used a slang term to suggest he was facing execution. Sessions with Utsey have cost a cumulative $7,000, Nazario testified. CNN Sans & 2016 Cable News Network. His attorney told 10 On Your Side he was scared and also confused by conflicting directions from the two officers. The stop sparked nationwide backlash and Virginia's attorney general later sued Windsor, a small town about 70 miles southeast of Richmond, alleging the town's police engaged in discriminatory. The suit comes after a monthslong investigation, which Attorney General Mark Herring said uncovered a pattern of discriminatory, unconstitutional policing.. 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. It's the latest development in a case prompted by a traffic stop involving Nazario and Windsor Officers Gutierrez and Daniel Crocker. Nazario, who is of Black and Latino descent, accuses the two white officers [] Let's talk about the Meteorological Winter that wasn't. The Windsor Police Department is dedicated in their continuing efforts to work with and within the community, striving for a safe . The Canadian government's top scientist has launched a study into UFOs and will release a public report by mid-2024 . He put at least one hand outside his drivers side window after officers ordered him several times to do so. 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. On Jan. 10, day two of the trial, Nazario continued his testimony. Published 5:58 pm Friday, January 13, 2023. (AP). The officers faced four counts: assault, battery, false imprisonment and illegal search. Nazarios attorneys filed a motion for a new trial on Friday, according to court documents obtained by CNN. If you want to fight and argue well charge you, Gutierrez had said, noting that charges would entail informing Nazarios military command, or Nazario could avoid being charged if he would chill and let this go.. Windsor got $15,750 to target speeders. 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. Arthur then showed jurors Nazarios cellphone footage and video recorded by Crockers and Gutierrezs body-worn cameras. A Warner Bros. Arthur then highlighted a small white rectangle visible in the body camera footage of both officers. Roberts said there is a chance the town of Windsor and Windsor Police Chief Rodney Riddle could be added as defendants in the case. Nazario was not charged in the incident. 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.. #BlackLivesMatter pic.twitter.com/Qa27El356s, A U.S. Army officer filed a federal civil lawsuit against police officers who pepper-sprayed and assaulted him. 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. After what I have seen on the body camera footage, its kind of hard to justify them serving and protecting anything, Arthur said. 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. RICHMOND, Va. (AP) A Virginia town has announced that one of two police officers accused of pepper-spraying and pointing . If you dont say anything, we wont say anything, implying that, If you do, were going to charge you with something.' (Windsor Police via AP). 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. Williamson and Rucker, her son, were found dead on this day 20 years ago in their Tilston Drive house. While they are glad Gutierrez was ultimately let go. 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. 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. Crocker initiated the traffic stop after seeing a dark SUV with dark tinted windows and no license plate, police reports show. Miyares said through a spokeswoman Tuesday that the lawsuit remains pending and he had no comment on it at this time. Gutierrez yelled at Nazario that he was fixin to ride the lightning, which the complaint states is an expression for execution. Turn on desktop notifications for breaking stories about interest? Prince Harry's decision to sue the British government over the removal of his police security could give him a legal bill in excess of $360,000 if he loses, a Freedom of Information Act request shows. 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. "It is open season on citizens in Virginia and across the county," Roberts said in a statement. Nazario later told the officers he wanted to stop in a well-lit area. They took half a day on Friday, they took the better part of the day today, Richard Matthews, an attorney who represented Crocker, told WTVR. He also said they violated the First Amendment by threating Nazarios career if he complained. Windsor police officers who pulled over Army lieutenant ordered to pay less than $4,000. The lawsuit said after Crocker turned on his cruisers blue lights, Nazario traveled less than a mile and slowed down until he pulled into a BP gas station. The five-day trial in Army Lt. Caron Nazario's lawsuit against two Windsor police officers captured on camera pepper-spraying and threatening him during a traffic stop will start March 28.. Nazario, who is currently stationed at Fort Lee, Virginia, was traveling with his dog in his newly-purchased 2020 Chevrolet Tahoe West on U.S. 460 in the Town of Windsor when Officer Daniel Crocker initiated a traffic stop. Copyright 2023 Nexstar Media Inc. All rights reserved. Updated: 1:44 PM EST January 9, 2023. Download the free 8News and StormTracker 8 mobile apps! 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. TORONTO TD Bank Group says it will pay US$1.205 billion to settle a lawsuit in connection with a multi-year Ponzi scheme . Too often, officers will support their colleagues, right or wrong, at the cost of innocent civilians.. Asked by Arthur why he told the officers Im not getting out, Nazario said he believed he would be stepping right into danger if he did so. NORFOLK, Va. (WAVY/AP) A second lieutenant in the U.S. Army is suing two Town of Windsor police officers over a traffic stop during which the officers drew their guns, pointed them at him and. There was a temporary tag displayed in the tinted rear window. The Virginian-Pilot was the first to report on the lawsuit and release the body camera footage, which quickly went viral. The community they serve is nearly 30 square miles with a population of 28,500 citizens. 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. 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. 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. If you have an emergency, dial 911. 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. (Photo by Oliver Contreras/SIPA USA)(Sipa via AP Images). Stay with 8News for updates and continuing coverage of this story. He was cleared of all false imprisonment, illegal search, and battery charges. Black residents account for between 9% to 22% of Windsors population, and about 22% of Isle of Wight Countys population, according to the lawsuit. 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. 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 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. "I'm honestly afraid to get out," Nazario said during the traffic stop. BELOW: Body camera footage from Gutierrez. Yeah, says one of the officers, according to footage from his body camera. Nazario was ultimately let go without charges. A judge will decide whether there is merit to throw out the First Amendment claim in the case. 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. 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