Nazarios sessions with Sellman over a year have cost him a cumulative $16,000. According to court records, Heenan asked on Feb. 9 that the court grant himself and Blobaum permission to withdraw from the case, noting that as of Jan. 10, Blobaum was no longer employed by the Office of the Attorney General. Heenan too. (EFC No. He explained that seeing a persons hands was important and that reaching into the vehicle to unbuckle a seatbelt might cause increased risk and awareness for officers. an officers response to a citizens expression of fear to get out of the car should never be Yeah, you should be. Mark Bong is an attorney in Virginia whose practice includes representing law enforcement in disciplinary and decertification matters. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to email a link to a friend (Opens in new window). 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). On Tuesday, Nazarios girlfriend, Sadie Madu, took the stand. Probably Not He Will Be Shielded By Workers Compensations Exclusive Remedy, Malicious Prosecution and False Arrest in Virginia, INTENTIONAL MISCONDUCT FAILURE TO PROVIDE INFORMED CONSENT COVID-19 JAB/VACCINE, Immunity under Public Readiness and Emergency Preparedness Act (PREP Act), Science What We Knew Pre-COVID-19 That We Now Ignore, Unlawful termination for refusing to disclose COVID-19 vaccine status in Virginia. Published Feb. 27, 2023 1:27 p.m. PST. 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. The next morning, she heard him watching a video on repeat, and recognized Nazarios voice in the recording. 41 An officer has the right to use reasonable force to make a lawful arrest. 5/17/2021 Crockers response to Complaint. 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. Daniel Crocker testified that he was still in training at the time of the traffic stop. The stop happened on Dec. 5, 2020. That his family had long and deep ties to law enforcement. 1959), citing, Aetna Casualty & Surety Company v. Yeatts, 122 F.2d 350 (4th Cir. Defendant Gutierrez reiterated that he understood why Lt. Nazario did what he did by pulling over at the BP Gas station, stating:I get it, the media spewing race relations between law enforcement and minorities, I get itthat pulling over at the well-lit BP happens all the time,and that 80% of the time, it is minority That was the first indication that this was not just a case about excessive force his own statement suggested that race played a role. We applaud the Commonwealths Attorney for requesting that the US Attorneys office to investigate whether or not Gutierrez violated Lt. Nazarios civil rights. 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. The video was the cellphone footage hed recorded from his car of the interaction. According to former Windsor Police Officer Gutierrez, 80% of the time it is minorities that drive to a well-lit area before stopping. It is unreasonable to give conflicting commands, impossible to comply with both, and use noncompliance with one of the inconsistent commands as an excuse to claim the need to use force! 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.. Williams v. Nichols, 266 F.2d 389, 392 (4th Cir. She testified that he began to become obsessively conscious about safety and frequently carried his handgun even in the house. 2001). 4/11/2021 4/15/2021 Town of Windsor blame Lt. Nazario and Windsor Police Chief Rodney Riddle deny apology. He conceded that a reasonable police officer would have taken into account that, Despite the defenses claims that Nazario failed to comply and Tatums prior commentary on Youtube, on cross examination Tatum conceded that. The lawsuit, which is the first of its kind under a new state law that empowers Virginias attorney general to file suits to stop systemic civil rights violations, contends the WPD violated Virginias Human Rights Act and Virginias Public Integrity and Law Enforcement Misconduct Act by disproportionately stopping Black motorists. Bong, according to Arthur, frequently represents police officers accused of crimes, but in this case, testified that the use of force was absolutely not reasonable.. NBC12 Reports on Lt. Nazarios Motion for a New Trial. CNN A US Army officer who was pepper sprayed, pushed to the ground and handcuffed by Windsor, Virginia, police officers during a 2020 traffic stop was awarded around $3,600 Tuesday in a. Upon information and belief, the Department has executed other such felony stops. On December 5, 2020 Lt. Caron Nazario was pulled over because he had a temporary tag taped to the rear window of his vehicle. 26. The two sides dispute what happened after a second police officer joined. 2006) (the threat of imminent regulatory action), see, also, Suarez, 202 F.3d at 687-88 (4th Cir. However, on 4/15/2021 Windsor Police Chief Rodney Riddle blamed Lt. Nazario: Lt. But Officer Crocker did see and later admitted to seeing the registration taped to the window at the outset of the stop at the BP station. Answer: Yes, probably. 2006), Lt. Caron Nazario; update Lt. Caron Nazario; town of windsor; windsor, 1st Amendment Retaliation Claims in the 4th Circuit, Suit Filed in Norfolk Against Windsor Police for Civil Rights Violations against Lt. Caron Nazario. (Jury Instruction No. The Winnipeg Police Service is said a missing 25-year-old woman has been found safe. He explained to the jury that serving in the military was his dream, because it was his privilege to serve and fight for this county. Dec. 31, 2021 Virginia's attorney general filed a lawsuit on Thursday against the town of Windsor, seeking changes in policing and saying that his office's monthslong investigation uncovered. Hes also urinated in the bed two to three times over the past two years, and sometimes starts grabbing his gun.. 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. Video of the 2020 incident in the small town of Windsor got millions of views after Caron Nazario filed the federal lawsuit, highlighting fears of mistreatment among Black drivers and raising . 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 In his direct examination he explained that drawing weapons and pointing them at a citizen in a traffic stop like that of Lt. Nazario was unreasonable, extreme and inconsistent with training and policy. Ask Did the jury faithfully apply the law in Instruction No. In January of 2023 over a hundred City of Windsor employees were terminated for failing to comply with the employer's vaccination policy. Lt. Col Reinhold testified that Lt. Nazario called him immediately after the Dec 5, 2020 incident, shaken and upset. The Virginia Attorney General's Office, which is conducting a "pattern and practice" investigation of the Windsor Police Department to look for any pattern of discriminatory or abusive policing over the past 10 years, also has not responded to a request for comments on the status of that investigation. The statute of limitations for any misdemeanor offenses that Gutierrez or Crocker may have been suspected of having committed expired long ago under Virginia law Va Code 19.2-8 (even with COVID tolling) thus even if he were to have determined now, on July 29, 2022, that there were sufficient facts to support the criminal prosecution of Gutierrez for misdemeanor assault, he would not be able to prosecute because misdemeanors must be prosecuted if at all within 1 year of the offense under Virginia law. He explained that it was better for an officer to interact with the citizen in a calm fashion and to give a citizen time to process and to respond to requests. Can I sue for injury or death of my pet dog or cat and can I recover emotional damages? Over the years, this well-intentioned doctrine has morphed into something quite different and quite dangerous., Attorney Arthur further explained the application of the pernicious qualified immunity doctrine that shields police officers from misconduct, stating, The judicially created doctrine of qualified immunity should bother persons of all political ilk and Constitutional persuasion: For those that lean towards substantive due process, because it shields officers from liability and leaves many wrongs unaddressable at the Federal level; For the textualists and originalists, because it is judicially created and completely absent from the text of the statute as congress passed it 42 U.S.C 1983;For all of us because it reduces the meaning of the Constitution to the lowest plausible conception of its content. He continued, Qualified Immunity is an abomination unto Lady Justice. NORFOLK, Va. (WAVY) A March 28 trial date has been set after a federal lawsuit was filed in the wake of last year's controversial traffic stop of a U.S. Army officer in Windsor. The Department does not have a policy on what constitutes a felony stop. Bong explained that ordering a citizen out of the vehicle in a traffic stop or a terry stop was legal but not always reasonable under the circumstances. He was in uniform at the . His testimony gutted Crocker and Guterriez claim that Lt. Nazario did not have PTSD symptoms that interfered with his life. In cross-examination by Tom Roberts, another of Nazarios attorneys, Tatum was required to break down scenarios. The role of the Commonwealth Attorney is to determine whether or not he believes based upon the evidence that the Commonwealth can prove each element of an alleged offense beyond a reasonable doubt or to exercise prosecutorial discretion not to prosecute a crime. In the video, Army Lt. Caron Nazario was yelled at and pepper-sprayed by former Windsor Police Officer Joe Gutierrez. The traffic stop of Lt. Caron Nazario happened Dec. 5, 2020, and came to light in April after Nazario filed suit. Similarly Crockers counsel promised the jury that the evidence would show that Lt. Nazario was not injured and that it was Lt. Nazarios fault. 4/2/2021 The civil rights complaint arising from the December 5, 2020 incident was filed in the United States District Court for the Eastern District of Virginia, Norfolk Division. 3000 hours of law enforcement training and was involved in state wide training of officers. Rights mean nothing unless those we do not like are afforded those rights. The jury failed to apply the law to this case and a new trial should be granted! 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. (Photo by Stephen Faleski) Whether or not Crocker intends to exercise his 5th Amendment rights during these investigations simply should not prevent Plaintiff Nazario from access to the subpoena powers and other discovery to timely collect evidence! The officers faced four counts: assault . Later his vehicle was illegally searched. 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. Nazario has always been one to have a gun, Madu said, but since the 2020 incident has started carrying the gun from room to room inside the couples home, and continues to do so to this day. The Attorney Generals suit is based upon violations of state law, the Virginia Human Rights Act and the Virginia Community Policing Act/Virginia Public Integrity and Law Enforcement Misconduct Act. He appeared pursuant to a subpoena. Since the birth of the couples son in September 2022, Madu and Nazario have stopped sleeping together, she testified. Crocker had pulled Nazario over for allegedly lacking a rear license plate. Everyone, from the police, to the Commonwealths Attorneys need to realize that for the law to function, for the citizens to have faith in it and the people sworn to uphold it and enforce it, those in power must apply the law equally to all. For a deeper dive into spoliation- click here, 4/29/2021 Defendants Joe Gutierrez and Daniel Crocker ordered to file responsive pleadings to the plaintiffs complaint by May 15, 2021 electronically signed by Lawrence R. Leonard, United States Magistrate Judge. Kristi Peterson, Detective Ashly Flynn and officers . The nation was shocked by the verdict. 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. 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. In a lawsuit filed earlier this month, Nazario says his constitutional rights were violated during the traffic stop in the town of Windsor, about 30 miles west of Norfolk. He acknowledge that this violated the Windsor police policy. 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. This degradation is most pernicious to rights that are rarely litigated outside the context of [42 U.S.C.] In a few months, a jury will hear what happened when two Town of Windsor police officers pulled over an Army lieutenant. 31. TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS, Workers Compensation Windfall and Legal Malpractice Pitfall Whenever a Prosthetic Device is Used in Treatment. He also testified that under certain circumstances even with hands out of the window, force may be used to extract a person from the vehicle, including use of a k-9. Even if an officer has the right to stop a vehicle and order its occupant to exit, they do not have carte blanche to use any and all force to effect the detention. He asked the jury to consider the sworn responses to questions called interrogatories where Gutierrez swore to diametrically opposite things. , 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. Lawyers for Lt. Nazario filed a motion for a new trial to prevent a miscarriage of justice. He was returning to Petersburg still in uniform. On Monday, 1/9/2023 at 9:00 a.m., jury selection began in the civil rights trial of Lt. Caron Nazario v. Joe Gutierrez and Daniel Crocker for the horrible manner in which he was treated by officers from the Town of Windsor Virginia in a simple traffic stop. Nazario had been pulled over on Route 460 for allegedly lacking a license plate. WINDSOR, Va. The former Windsor Police officer fired after pepper-spraying a U.S. Army lieutenant during a traffic stop is asking for a judge to dismiss part of the $1 million lawsuit. 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). Hed also named assistant attorneys general Palmer T. Heenan III and Brett P. Blobaum to the case. 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. answering a question of how many occupants was in the vehicle was a sign of compliance. A human rights organization says it has found dozens of additional overseas Chinese "police service centres" around the world, including at least two more in Canada. It is not necessary, however, to consider whether under the new trial standards the jury verdict should have been set aside as contrary to the clear weight of the evidence on a Judgment Notwithstanding the Verdict (JNOV) In this case, Lt. Nazarios team will focus on evidence that the jury did not follow the law as evidenced by the verdict form in addition to the gatekeeping function of the court when it comes to expert witnesses including the testimony regarding damages by defense expert that added criteria to the Diagnostic and Statistical Manual of Mental Disorders version 5 (DSM5) for diagnosis of mental injuries, in addition to other matters to be brought to the courts attention. Copy of Lawsuit Circuit Court Isle of Wight. The Town of Windsor points out that a larger number of minority may be passing through the town - BUT THIS FAILS TO EXPLAIN OR ADDRESS THE SIGNIFICANTLY HIGHER INCIDENT OF SEARCHES OF MINORITY VEHICLES STOPPED!!!! 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. The federal case began Monday in Richmond, with testimony and closing arguments concluding just before 1 p.m. Friday. Nazario had told jurors on Monday that hed been diagnosed with anxiety and post-traumatic stress disorder, or PTSD. Once again, it is unlikely that the verdict will send a message to police officers, other than to let them know that this behavior will not result in any meaningful consequences It is open season on citizens in Virginia and across the county. The matter was set for a final pretrial conference and 5 day jury trial. 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. Nazario, she said, started talking in his sleep, even shouting statements like, Its the risk of driving while Black! a sentiment he hadnt expressed prior to his encounter with the two officers. 27. He ask the jury to find that Gutierrez and Crocker collaborated on their reports which conflicted with the events shown on the videos from the body-worn cameras. In their place, Virginias Supreme Court has appointed retired Judge H. Thomas Padrick Jr., who is himself a former police officer. Citizens will not rest assured that scenes like this are not repeated with impunity. Should the insurance company pay for the depreciation, decreased or diminished value of my car due to the accident? The jury should have found battery and should have awarded appropriate damages. Thats his father, Madu replied, also noting that she works during the day. The estate of Seth Franco was awarded $3.41 million by a jury on Oct. 22 in his lawsuit against the city of Boulder and Boulder police Sgt. Nazarios opening delivered without props explained to the jury the facts that would be presented in the trial, reviewing all of the acts of compliance by Lt. Nazario, beginning with his slowing the vehicle once he realized the blue lights and siren were directed at him, identifying the most well-lit space ahead, using his turn signals before changing lanes, pulling into the BP station, and stopping his car. Jonathan Arthur, stated All too often, when it comes to law enforcement violating the laws, we see our Commonwealths Attorneys fail to apply the same zeal at prosecuting law enforcement as they do with other offenders. " MOTION -- A NEW TRIAL FOR LT. CARON NAZARIO For Deeper Dive Click Here, The answer Paragraphs 13 55, with few exceptions state The allegations of paragraph [ ] seek to recount and recite events and statements that are visible and audible from video recordings of the incident at issue in this action. They were made available without a PACER account in dropbox on 4/8/2021 after the story broke. Hes just different, Madu said. 102), Referencing the standard for a Rule 12(b)(6) motion to dismiss, the Court stated The court construed the facts in the light most favorable to the plaintiff and found police would not normally arrest third parties that criticize the officers during an arrest of another person. The court stated the Court finds that there is neither controlling authority nor a consensus of persuasive authority for the proposition that there is a clearly established right prohibiting the aiming of firearms, the use of threats, or the use of OC spray against a suspect who has repeatedly refused to comply with lawful commands to exit a vehicle. Tom Roberts, one of the attorneys on Lt. Narios legal team stated the analysis of the court trips on the notion that Lt. Caron Nazario repeatedly refused to comply with lawful commands to exit a vehicle which is at odds with the courts acknowledgment that defendants did in fact give conflicting commands. Both opined that the officers were justified in their actions. We are grateful for their service to the OAG, reads the statement. The defendants made it clear that they would seek an interlocutory appeal to the 4th Circuit when the U.S. District Court denies their summary judgment motion, the defendants Hail Mary attempt to make the officers immune from suit under the doctrine of qualified immunity. 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. Significantly, the chart showed that the defense claim that Lt. Nazario should have known that the command to get out of the car superseded the command to keep your hands out of the window because almost immediately after commanding him to get out of the vehicle he was again told keep your hands out of the window, keep your hands out of the window He reviewed the jury instruction that made clear that Lt. Nazario was authorized to resist the unreasonable use of force by the defendants with reasonable force. Plaintiff Lt. Nazario testified as the 1st witness of the trial. Press Enter read more Arthur then characterized the officers decision to release Nazario without charges after the roughly 1-hour traffic stop, and without informing his Army superiors, if he would chill and let this go, was not an act of leniency but rather a threat, and admission that they understood their actions had transgressed the law and they wanted to cover their tails.. Nazario has filed a $1 million lawsuit against the former lawman and Officer Daniel Crocker, who was also involved in the incident but remains on the force. Video footage of the incident, which went viral in April 2021 and led to Gutierrezs firing, culminates with Gutierrez repeatedly pepper-spraying Nazario and using knee strikes to force the lieutenant out of the car and onto the ground. 5/14/2021 Defendant Gutierrez filed responses. The court limited his testimony so that he was unable to delve very far into the issues of injuries from racial violence. Herring, a Democrat, alleged in his December complaint that a months-long investigation had revealed disturbing evidence that Windsors Police Department repeatedly operated in a way that led to discrimination against African Americans. The case was automatically assumed by Miyares, a Republican, after Herring left office in January. The suit, filed by Army officer Caron Nazario on April 2 in the U.S. District Court of Norfolk, Virginia, against Windsor policemen Joe Gutierrez and Daniel Crocker, alleges violations to his. She testified that after the birth of their son, she could not longer stand sleeping together at night due to the nightly disturbances from Nazario. Nazario was reluctant to go but was Reinholds only medical service officer, the colonel testified. 9 jurors were seated. Prince Andrew should be slung out of his grace-and-favour mansion unless he agrees to pays more than the 250-a-week peppercorn rent he is reportedly being charged, royal experts told MailOnline . The court then followed up on answers to questions each had previously completed to a questionnaire. 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 . Lt. 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