Crockers body-worn camera video tape of the incident was played and admitted into evidence. Madu, a high school counselor and doctoral student at Nazarios alma mater, Virginia State University, testified in Richmond the afternoon of Jan. 10, the second day of a weeklong trial to resolve Nazarios claims of false imprisonment and assault and battery by the officers. The Virginia prosecutor who will decide whether to pursue criminal charges against two police officers involved in a traffic stop where Black Army 2nd Lt. Caron . Shawn Utsey, Ph.D., a psychologist testified that he had provided counseling and treatment to Lt. Nazario after this incident working with psychiatries James Sellman, MD. process and to respond to requests. On Monday, police said that Rose Strang was last seen on Feb. 23 in . Dr. Sellman, a psychiatrist in Richmond, Virginia with almost 50 years of medical experience and substantial experience with vets and PTSD explained to the jury PTSD. Army 2nd Lt . On cross-examination he was forced to concede many of the acts of compliance by Lt. Nazario where he previously contended Lt. Nazario was non-compliant. That issue will then go to a jury on damages. Windsor Police via AP, FILE. Members of Police on Guard are also involved in similar court actions. During the stop of Lieutenant Nazario, officers of the Department pointed their firearms at Lieutenant Nazario and subsequently deployed aerosolized pepper spray repeatedly on the Lieutenant. See Va Code 19.2-59. Nazario filed a lawsuit on April 2, suing both Crocker and Gutierrez alleging common law assaults, battery and imprisonment. They were made available without a PACER account in dropbox on 4/8/2021 after the story broke. His testimony gutted Crocker and Guterriez claim that Lt. Nazario did not have PTSD symptoms that interfered with his life. Dr. Sellman using his experience, training and the DSM5 diagnosed Lt. Nazario to have severe PTSD, General Anxiety Disorder and a Panic Disorder. FRCP Rule 8(b)(1)provides that an. He complied and turned his car off at the request of the officer. Plaintiff played to the jury excepts of a deposition where Crocker was previously asked questions under oath. (Court Reporter Jill Trail, OCR.) He has challenged the 1st Amendment claim stating that since Nazario was not arrested or subsequently charged the 1st Amendment claim should fail. Counsel for neither of the defendants attempted to defend the discrepancies between the videos and defendants official reports. Family Fights Over Inherited Real Estate Rights, Rents, Costs, Attorneys Fees and Partition Suits, The Hazards of Contracting Without a License in Virginia. Nazario holds a concealed carry permit for a handgun and had the weapon with him in the car the night he was pulled over. Windsor Police Chief Rodney Riddle says former Officer Joe Gutierrez was disciplined in January after an investigation into the traffic stop but says once the infamous video became public, he lost . police brutality Class Action filed against Richmond Police officers. 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. Swauger also asked Reinhold why, if Nazario had been suffering mentally from the traffic stop, he had allowed the lieutenant to deploy to Washington, D.C., in the aftermath of the Jan. 6, 2021 attack on the U.S. Capitol by a mob of former President Donald Trumps supporters. Rights of parents to religious training of their children in intra-parental custody-visitation disputes. In The Estate of Armstrong v. Village of Pinehurst 810 F3d 892 (4th Cir. Lt. Nazario reduced his speed and slowly traveled to the well-lit gas station ahead. If, during the course of an otherwise lawful arrest, a law enforcement officer uses unreasonable force, such unreasonable force is an assault if it does not touch the citizen, and it is battery if it does. No words were coming out my body started shaking; I began crying, Nazario said, recalling the only words he was finally able to blurt out were, I was almost killed.. Ask Did the jury faithfully apply the law in Instruction No. Attorney general's lawsuit against Windsor sees shakeup Published 1:59 pm Friday, May 27, 2022 By Stephen Faleski File photo All three lawyers former Virginia Attorney General Mark Herring tasked with prosecuting his police misconduct lawsuit against the town of Windsor are no longer employed by his successor, Jason Miyares. After a bit, when the officer did not pass him, he realized it was for him and immediately slowed his vehicle down to about 1/2 of the posted speed limit, identified the safest and brightest lit space ahead to pull over, and proceeded directly there at a slow speed, changing lanes slowly with his flasher and using his turn signal turned into the BP station and stopped his car. Nazarios sessions with Sellman over a year have cost him a cumulative $16,000. Id. Within reasonable limits, an officer is the judge of the amount of force necessary to make a lawful arrest. 1941). 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. Arthur also called upon Nazarios psychiatrist, Dr. James Sellman, and psychologist Shawn Utsey to testify. (Plaintiff if ready otherwise ready for trial once the defendants appeals are denied, he will file in preparation for the trial his discovery designation, witness list, and exhibit list). The federal case began Monday in Richmond, with testimony and closing arguments concluding just before 1 p.m. Friday. Similarly Crockers counsel promised the jury that the evidence would show that Lt. Nazario was not injured and that it was Lt. Nazarios fault. A Black soldier in uniform who was pepper-sprayed in his car by Virginia police officers during a traffic stop has been awarded less than $4,000 in a million-dollar lawsuit against the two officers. The December 2020 traffic stop of the uniformed military officer in the small town of Windsor drew national attention and outrage after Nazario sued in April 2021, citing police body camera. However, the answer is very fact specific, and the appropriate level of force should be judged from the perspective of an officer on the scene, rather than with the 20/20 vision of hindsight. Lt. Nazarios team called as a rebuttal witness Nazarios battalion commander, Lt. Col. Charles Reinhold. The decision by Attorney General Mark Herring to file a lawsuit against the Town of Windsor on the eve of the new year and just 17 days before he leaves office is clearly political. Adding insult to injury, it is a sad day. Bong testified that traffic stops was the lowest category of police deaths and that the chief concern of officers should be to serve and protect their community, acting reasonably in their interactions with citizens. Whether force is reasonable must be judged based on the totality of the circumstances confronting the officer including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting flight. The next morning, she heard him watching a video on repeat, and recognized Nazarios voice in the recording. 2-5-2020 Law Enforcement Officer Cannot Lawfully Retaliate For First Amendment Speech By Attempting to Induce Another Officer To Issue a Traffic Citation, Injunction by Gun Owners of America likely to Fail, Civil Rights In Virginia Upheld by Virginias Highest Court 2020, FREE VIRGINIA CLE COURSE 2019 NEED TO KNOW: MAKING AND ENFORCING VIRGINIA FOIA REQUESTS, How do I file suit by myself in Virginia? The officers faced four counts: assault . In a lawsuit filed earlier this month, Nazario says his constitutional rights were violated during the traffic stop in the town of Windsor. According . Case 2:21-cv-00169-RCY-LRL Document 240 Filed 01/17/23 Page 42 of 56 PageID# 4906, In Instruction 42, the Court explained the law Once a motor vehicle has been lawfully detained for a traffic violation, the police officers may order the driver to get out of the vehicle. 1959), citing, Aetna Casualty & Surety Company v. Yeatts, 122 F.2d 350 (4th Cir. The footage records Gutierrez at one point telling Nazario he should be afraid, and that he was fixin to ride the lightning, a phrase Nazarios lawsuit contends is a colloquial reference to an execution. He conducted empirical testing to confirm his diagnosis given in accordance with the DSM5 of PTSD and General Anxiety Disorder. putting hands out of the window upon command was a sign of compliance. Defendant Crocker asks the court to prevent Plaintiff Nazario from gathering evidence and conducting discovery with a Motion to Stay during the pendency of the investigation by the Virginia State Police, the Virginia Attorney General and the Federal Bureau of Investigations (FBI). However, it is not the place of the Commonwealth Attorney to determine that no violation of state law occurred especially when in the same breath he refers the matter to the U.S. Attorneys Office formerly requesting an investigation whether Gutierrez violated the civil rights of Lt. Nazario. See 18 USC 242 It is ultimately the role of the judge or jury to determine whether there was a violation of state (or federal) law. She claimed to receive about $75,000-$80,000/year (although the jury could easily calculate that at $6,000 x 20 that would be $120,000) She also had to reluctantly concede that the criteria she used to base her opinion that Lt. Nazario did not have PTSD, General Anxiety Disorder or Panic Disorder were not in the gold standard Diagnostic and Statistical Manual of Mental Disorders version 5 (DSM5)!!! The federal court had already determined that the search of the vehicle violated the clearly established law that police officers should have known and that it violated Virginias law as well. In the meantime, we reserve further comment until our attorneys and Town Council have had an opportunity to review Mr. Herrings eleventh-hour action and present a formal response. Daniel Crocker testified that he was still in training at the time of the traffic stop. Two Windsor Police officers pulled over 2nd Lt. Nazario, who is Black, in December 2020 and repeatedly used pepper spray on him and pointed their guns at him, according to a news release from. He acknowledge that this violated the Windsor police policy. He served as a police offer for 12 years in Florida with over 200 felony arrests and more than 1000 misdemeanor arrests and. 28. Silverman, in her closing, argued Gutierrezs conduct was in response to Mr. Nazario, whom she blamed for escalating the situation by refusing multiple times to exit the car. The nation was shocked by the verdict. The lawsuit alleges that the officersDaniel Crocker and Joe Gutierrezracially profiled Nazario, threatened to kill him and that their actions might have negatively affected his military career.. 29. From the pool of prospective jurors summons to the court (veniremen ) the court randomly called individuals to the witness stand. Isle of Wight Commonwealth's Attorney Georgette Phillips, whose office prosecutes cases in Windsor, recused herself because her office had worked with one of the officers, according to Hampton. Crocker and Gutierrez were involved in a "high-risk traffic stop" when they pulled over Army medic officer Mazario in Norfolk, Virginia, in December 2020. He told the jury that he purchased a 2022 Chevy Tahoe in NY with factory tinted windows and that the dealer as customary had tapped the registration to the window. Citizens will not rest assured that scenes like this are not repeated with impunity. Insurance Liability for Defamation in Virginia, Parental Rights Termination of parental right and adoption and Va Code 63.2-1215 factors, Tortious Interference with Doctor-Patient Relationship, Sexual Abuse in Churches and Legal Recourse Wolves in Sheeps Clothing, Wrongful Death Claim Against Alec Baldwin, et al.? As a result, he did not receive an estimated $80,000 to $100,000 in overseas pay. 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. , one of the cases won by Lt. Caron Nazarios law firm in the Virginia Supreme Court, the court explained that Virginia only provides officers immunity for negligencepolice officers are liable for gross negligence or intentional torts. On the other hand, Officer Crocker had called in a Felony traffic stop in violation of Windsor policy and without any evidence a felony had been committed which was unreasonable. This failure to apply the jury instruction colors their verdicts for Crocker. Gutierrez was caught assaulting a US Army officer on bodycam footage, despite the officer complying with all his demands. Aug. 7, 2020), Although, rejecting the defendants motion on the grounds that the plaintiff did properly allege the absence of probable cause, the court made it clear that on this standard of review, it would not be necessary, stating, Likewise, it would be reasonable for this Court to find that police normally do not escalate and arrest individuals that wait until finding a well-lit area to pull over for minor traffic offenses.. He has degrees from Harvard, and obtained his law degree in Richmond. However, the nation has heard about the incident and now wait to see if they officers will be held accountable. Shes also had to become cautious as to what words she uses when with him. The court also ruled that Lt. Caron Nazario will be able to have his state claims for assault and battery and false imprisonment tried by a jury, explaining that the reasonableness of the officers actions was a matter for the jury to decide. United States v. All Assets Held at Bank Julius Baer & Co., Ltd. | broke the story after reviewing court filings, HOW TO WIN YOUR CRIMINAL APPEAL IN VIRGINIA, Lt. Nazario v Town of Windsor Police Officers Official Update, You Can Help Lt. Nazario with the Legal Costs and Expenses! On or about December 5, 2020, the Department stopped a driver, Lieutenant Caron Nazario, in what the Department indicated was a felony stop. 1959), citing, Aetna Casualty & Surety Company v. Yeatts, 122 F.2d 350 (4th Cir. a vehicle slowing down in response to police lights was an initial sign of compliance and preferable to speeding up. The suit was made following a. (Photo by Stephen Faleski) Deliberations began shortly after 1 p.m. Friday and continued until 5:30 p.m. Theyll resume Jan. 17. The Court is to issue a scheduling order. A current and former Windsor police officer have filed motions to dismiss a lawsuit filed by a U.S. Army lieutenant following a traffic stop incident which resulted in the soldier being pepper-spra They have now been named in a lawsuit filed by Nazario, who alleged his . Further she had to concede that she knew this because her own report included an Appendix A which set out the factors accepted within the medical community. The civil rights law firm of Thomas H. Roberts & Associates, PC represented Lt. Nazario. Bong explained that it was completely unreasonable for an officer to consider local policing to be similar to an active war zone. Jury Failed to Follow Instructions and Law: Croker claims The jury could have reasonablyfound that Gutierrezs statements constituted an assault, but that Nazarios actions in continuingto resist and refusing to comply with commands even after Gutierrez and Crocker holstered theirweapons, was unreasonable, thus justifying the use of pepper spray., Case 2:21-cv-00169-RCY-LRL Document 247 Filed 01/24/23 Page 5 of 17 PageID# 4949, Croker claims Thus, even if Nazariosfalse assertions in his motion for a new trial were actually true, there is no evidence that suchresulted in any harm to him based upon his own doctors conflicting reports. referencing It was clear at trial that Nazario did not provide the sameinformation to Dr. Utsey (his psychologist) that he provided to Dr. Sellman (his psychiatrist). In a lawsuit filed earlier this month, Nazario says his constitutional rights were violated during the traffic stop in the town of Windsor. Just 1 of the many reasons a new trial should be granted Lt. Nazario under Federal Rule of Civil Procedure 59! We are grateful for their service to the OAG, reads the statement. He also reportedly captured video of the incident on his own cell phone. 2006). After being cross-examined by the defense, he testified that the December 5, 2020 actions of Crocker and Gutierrez was absolutely not reasonable. He explained to the jury what a reasonable police officer would have done. 4/11/2021 4/15/2021 Town of Windsor blame Lt. Nazario and Windsor Police Chief Rodney Riddle deny apology. Since 1986 the law firm is known for its work in civil rights. He explained that failing to communicate and explain to citizens needlessly increased the danger to everybody, increasing the risk for potentially deadly mistakes and miscues. In November 2022, he was pulled over by a different police department with his infant son in what Madu described as a mix-up over his pulling a U-Haul trailer that had been reported stolen. The trial court may weigh the evidence and consider the credibility of the witnesses. The Court extended the time previously set for Defendants to designate their medical experts, over the objection of the plaintiff, necessitating a short delay in the trial date. They chose to continue working and at 5:30 they were released to return on Tuesday at 9:00 a.m. to continue with their deliberations. Silverman then asked whether Nazarios psychiatrist, Dr. James Sellman, had advised Nazario not to rewatch his recording of the Dec. 5, 2020, traffic stop, to which Madu answered, yes, and whether Madu makes a point of telling him not to rewatch the footage, to which she replied, No, I dont.. Herring to file this lawsuit, except perhaps for the sake of headlines, which he will surely receive. He had been stopped in Windsor for speeding about 1 month before, in the same vehicle with the same registration hanging in the window without having firearms pointed at him but was particularly mindful of the speeding traps and was driving through Windsor on December 5, 2020 obeying all of the moving laws and regulations. Pursuant to both Blankenship, and Suarez, the Lieutenant as appropriately alleged and supported with facts, threat intimating imminent punishment. Published Feb. 27, 2023 1:27 p.m. PST. On December 5, 2020, he was returning from active service with the United States Army as a medical officer evaluating the soldiers medical readiness for a deployment then planned. After Gutierrez forced Nazario from his car, Crocker had removed the firearm and checked its serial number, which U.S. District Court Judge Roderick Young ruled in August constituted an illegal search. Despite claims that driving slowly a little over a mile to the most-well-lit space on the short stretch of 460 running through Windsor, counsel told the jury that they would hear Gutierrez admit on tape that driving to a well-lit space was not the problem, that it happened a lot but that 80% of the time it was minorities who did so. Nazario, who is of Black and Latino descent, filed a federal lawsuit in 2021 accusing the two white officers of racially motivated police brutality for having held him at gunpoint during the 2020 traffic stop and shouted conflicting commands at him to keep his hands out of his cars window and exit the vehicle. 1st Amendment ANOTHER BLISTERING CRITICISM OF PETERSBURG GOVERNMENT BY THE COURTS TODAY WITH AN OPINION BY THE 4TH CIRCUIT STRIKING DOWN PETERSBURG POLICE DEPARTMENT BAN ON SOCIAL MEDIA CRITICISM OF THE DEPARTMENT, A SUMMARY OF POWER OF ATTORNEY LAW AND DUTIES IN VIRGINIA, Summary of the Collateral Source Rule in Virginia Injured party recovers all damages even if paid by a separate 3rd party insurance contract. We look forward to having a reasonable conversation with the next Attorney General regarding the Towns law enforcement practices. Jonathan Arthur, Esq. Question: Is it a violation of the Fourth Amendment for an officer to aim his loadedweapon at a person where the alleged crime at issue is minor and nonviolent, the suspect does not pose an immediate threat to the safety of the officers or others, and he is not actively resisting arrest or attempting to evade arrest by flight? Windsor police issue crime alert in area on city's east end . The video was the cellphone footage hed recorded from his car of the interaction. According to the suit, Black drivers accounted for 42% of the WPDs traffic stops from July 1, 2020 through Sept. 30, 2021 though Blacks only account for 21% of the towns population, and 22% of the countys. To all of the officers that strive to fulfill their oath we salute you and ask you to police your own. Did Trump really call for the termination of the provisions of the Constitution? Item 2 of 4 button COVID-19 Report Contravention of COVID-19 Orders to WECHU anonymously online. 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. Herring began what his administration had termed a pattern and practice investigation of Windsor last year after video footage went viral online showing WPD officers Daniel Crocker and Joe Gutierrez holding 2nd Lt. Caron Nazario an Army officer of Black and Latino descent at gunpoint and pepper-spraying him during a Dec. 5, 2020, traffic stop. Were released to return on Tuesday at 9:00 a.m. to continue with their Deliberations 5:30 they were released to on! Acts of compliance Nazarios voice in the recording explained to the witness stand that Lt. Nazario not! Their oath we salute you and ask you to police lights was an sign... Court randomly called individuals to the jury excepts of a deposition where Crocker was previously asked questions under.... 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