VA: Army Lieutenant Caron Nazario pepper sprayed, threatened during traffic stop

Virginia Opens Investigation Over Army Officer Who Was Pepper-Sprayed​

The attorney general of Virginia said on Monday that he was investigating whether there was an “unlawful pattern or practice of conduct” at the Windsor Police Department after a uniformed Black U.S. Army medic was held at gunpoint and doused with pepper spray by its officers.

Two members of the Police Department conducted a traffic stop on Caron Nazario, a second lieutenant in the U.S. Army Medical Corps, in December, during which one of the officers, Joe Gutierrez, threatened Lieutenant Nazario before dousing him with pepper spray and pushing him to the ground, according to body camera footage of the episode.

Mr. Gutierrez’s actions were “appalling” and “dangerous,” Mark Herring, the attorney general, said in an interview on CNN on Monday night. <snip>

Virginia Opens Investigation Over Army Officer Who Was Pepper-Sprayed (Published 2021)

The state attorney general requested records going back as far as a decade after two officers were involved in a traffic stop during which a Black U.S. Army lieutenant was pepper-sprayed.

www.nytimes.com

 

[kdg411]

This is a case that warrants & deserves national attention.
ty @GarAndMo39 for posting!

 

[GarAndMo39]

This is a case that warrants & deserves national attention.
ty @GarAndMo39 for posting!

You're more than welcome @kdg411 ...I agree with you. The video made me cry.

 

[kdg411]

Windsor Police Chief Rodney Riddle said he hopes to help regain community trust by revising policies and procedures, increasing officer training, overhauling the department’s hiring process and stepping up on community policing efforts by reducing police’s role in traffic enforcement.

He said some of the initiatives, such as requiring all officers to undergo four hours of the Virginia Association of Chiefs of Police implicit bias training, is already underway. Others could cost money and need approval from Windsor Town Council.

Riddle is optimistic these efforts will all make a difference.

‘We’re going to get the best information that we can have and the best practices and policies we can put in place to protect our community,” Riddle said.

Windsor PD chief institutes implicit bias, de-escalation training to move forward after traffic stop incident

Windsor town council is set to hold a workshop Tuesday night, where town leaders are set to get an update on on the controversial traffic stop of an Army officer that made national headlines.

www.wavy.com

 

[SheWhoMustNotBeNamed]

Court Documents: Motion to dismiss Army lieutenant's lawsuit filed by former Windsor police officer

In the court filing, an attorney for former Windsor officer Joe Gutierrez stated Lt. Caron Nazario "fails to assert facts to support his allegation."

www.13newsnow.com

Court Documents: Motion to dismiss Army lieutenant's lawsuit filed by former Windsor police officer​

A Windsor police officer who was fired after a traffic stop that happened in Dec. 5, 2020, to a U.S. Army lieutenant filed a motion to dismiss a lawsuit filed against him.

Joe Gutierrez, the former officer who was involved with the traffic stop of Caron Nazario filed the motion on Friday, May 14, 2021.

The motion states: "Nazario fails to state a claim upon which relief can be granted as to his claim for First Amendment Violation as he fails to assert facts to support his allegation that Defendants’ conduct in any way discouraged or affected Plaintiff from engaging in an activity protected by the First Amendment, nor is there any reasonable allegation that Defendants’ normal and routine conduct of completing reports that summarized their encounter with Plaintiff from the perspective of law enforcement resulted in the levying of criminal charges against him."

Fired, current Windsor officers file motion to dismiss Army officer’s lawsuit following traffic stop incident

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…

www.wavy.com

Fired Windsor officer files motion to dismiss Army officer’s lawsuit following traffic stop incident​

A former Windsor police officer has filed a motion to dismiss a lawsuit filed by a U.S. Army lieutenant following a traffic stop incident which resulted in the soldier being pepper-sprayed.

Joe Gutierrez, one of the two Town of Windsor police officers involved in a traffic stop incident involving Army 2nd Lt. Caron Nazario, was fired back in April following the incident which occurred in December 2020.

According to an initial lawsuit filed by Nazario in federal court, Nazario was in uniform when he was stopped on Dec. 5.

Nazario is asking for at least $1 million in damages and for the court to rule that the two officers violated his rights, including rights under the Fourth Amendment.

 

[SheWhoMustNotBeNamed]

Caron Nazario found guilty for November ticket in Windsor

Caron Nazario, the Army Reserve officer pepper-sprayed at a traffic stop by former Windsor Police officer Joe Gutierrez back in December, was recently found guilty of speeding in a separate traffic…

www.wric.com

Caron Nazario found guilty for November ticket in Windsor​

Caron Nazario, the Army Reserve officer pepper-sprayed at a traffic stop by former Windsor Police officer Joe Gutierrez back in December, was recently found guilty of speeding in a separate traffic stop in November.

Similar to the incident that went viral earlier this year, Nazario did not pull over immediately after police lights came on.

“It is a traffic stop where Lt. Nazario again waits for a clear, safe space to pull over. A traffic stop where Lt. Nazario remains calm and courteous” said Lt. Nazario’s attorney Jonathan Arthur. “It is a traffic stop that is irrelevant to the deplorable actions of the town of Windsor’s police officers.”

Gutierrez’s attorney is now motioning to dismiss Nazario’s lawsuit brought against the former LEO. They argue Gutierrez’s actions didn’t violate Nazario’s First Amendment rights.

 

[GarAndMo39]

Virginia AG sues town where police threatened Black Army lieutenant during stop​

Virginia Attorney General Mark Herring said investigators uncovered "huge" police disparities in the town of Windsor.
Dec. 31, 2021, 12:09 AM CST / Updated Jan. 2, 2022, 8:36 PM CST
By Tim Stelloh
Virginia’s attorney general sued the town where a police officer appeared to threaten the execution of a Black Army lieutenant during a traffic stop, alleging Thursday that the city's police department engages in a broader pattern of discriminatory policing.
In a written statement, top state prosecutor Mark Herring recalled the “egregious treatment” of U.S. Army officer Lt. Caron Nazario and said a monthslong investigation prompted by the case uncovered “huge” disparities in enforcement against Black drivers and a “troubling lack of policies and procedures” to prevent discrimination.

“We even discovered evidence that officers were actually being trained to go ‘fishing’ and engage in pretextual stops,” Herring said. <snip>

Virginia AG sues town where police threatened Black Army lieutenant during stop

Virginia Attorney General Mark Herring said investigators uncovered "huge" police disparities in the town of Windsor.

www.nbcnews.com

 

[SheWhoMustNotBeNamed]

Army officer still waiting for his day in court after filing lawsuit against two Windsor police officers

Last year, Lt. Caron Nazario filed a lawsuit against the two officers. His attorney told 13News Now there is still no court date.

www.13newsnow.com

Army officer still waiting for his day in court after filing lawsuit against two Windsor police officers​

Nearly 18 months ago, body camera video showing an Army lieutenant involved in a violent traffic stop in the Town of Windsor grabbed people’s attention across the nation.

The Windsor Police Department said Nazario didn't have a visible license plate and didn't pull over right away. Attorney Jonathan Arthur said his client drove to a well-lit gas station.

“He’s still in the process of healing and recovering, trying to work through the process of what occurred,” Arthur said.

Last year, Lt. Nazario filed a lawsuit against Gutierrez and the other police officer involved, Daniel Crocker. Nearly a year and a half later, Arthur said there is no set court date.

“The district courts are real backed up at the moment because of the COVID delays that we experienced,” Arthur said.

He said both parties are waiting for the court’s summary of judgment motion.

“The district court wants to give us enough time to process the order when it comes out,” Arthur said.

 

[SheWhoMustNotBeNamed]

Ex-Windsor police officer not facing charges in 2020 traffic stop of Army lieutenant

A Windsor police officer caught on camera pepper-spraying a U.S. Army Lieutenant in December 2020 should not face charges, according to a special prosecutor.

www.wavy.com

Ex-Windsor police officer not facing charges in 2020 traffic stop of Army lieutenant​

A former Windsor police officer caught on camera pepper-spraying a U.S. Army lieutenant during a traffic stop in December 2020 will not face charges, according to a special prosecutor.

In a letter written by Hampton Commonwealth’s Attorney Anton Bell to Isle of Wight Commonwealth’s Attorney Georgette Phillips, Bell said he decided not to prosecute following the high-profile traffic stop in which Windsor police held Lt. Caron Nazario at gunpoint and pepper sprayed him. Bell was appointed special prosecutor for the case.


“As such, taking all facts and law into consideration, I have concluded that I have found no violation of state law occurred on the date in question,” the documents state.

In the documents, Bell says he based the decision on the fact that the traffic stop alone was not a violation of law. The issue was the manner in which Gutierrez conducted the traffic stop, including the use of force to remove Nazario from his vehicle.

“Although I find the video very disturbing and frankly unsettling,” Bell stated in a letter addressed to Isle of Wight County Commonwealth’s Attorney Georgette Phillips. “Gutierrez’s use of force to remove Nazario did not violate state law as he had given multiple commands for Nazario to exit the vehicle.”

“The problematic issue, however, were Gutierrez’s statements throughout the entire ordeal, which would lead a reasonable person to wonder whether underlying bias was at the root of how and why Nazario was treated in like manner.”

The Virginia NAACP shared this statement below in response on August 3, saying they were outraged by the decision and that Bell’s decision has “only strengthened our resolve and renewed our conviction to continue to advocate for the end of qualified immunity, the implementation of civilian review boards with subpoena power in each locality, and improved continuing education and training of law enforcement officers to end implicit bias.”

 

[SheWhoMustNotBeNamed]

Soldier's assault suit against officers can proceed to trial

NORFOLK, Va. (AP) -- A U.S. Army lieutenant who was pepper-sprayed, struck and handcuffed during a traffic stop in Virginia can present his claims of

mynorthwest.com

Soldier’s assault suit against officers can proceed to trial​

A U.S. Army lieutenant who was pepper-sprayed, struck and handcuffed during a traffic stop in Virginia can present his claims of false imprisonment and assault and battery to a jury, a federal judge has ruled.

But the summary judgment Tuesday said federal immunity laws shield the two officers involved from facing Caron Nazario’s claims that they violated the Black and Hispanic soldier’s constitutional protections against excessive force and unreasonable seizure, as well as his right to free speech by allegedly threatening him with arrest if he complained about their behavior.

U.S. District Judge Roderick C. Young also ruled that the officer who initially pulled Nazario over is liable for illegally searching for a gun in the soldier’s SUV in violation of the U.S. Constitution and Virginia law, leaving the question of damages on that point up to a jury. Nazario had a concealed carry permit.

Soldier’s assault suit against officers can proceed to trial

A federal judge says a U.S. Army lieutenant can go to trial against police officers in Virginia whose traffic stop drew national attention and outrage.

www.nbc12.com

Soldier’s assault suit against officers can proceed to trial​

A federal judge says a U.S. Army lieutenant can go to trial against police officers in Virginia whose traffic stop drew national attention and outrage.

Caron Nazario was pepper-sprayed, struck and handcuffed in the town of Windsor after driving slowly to a well-lit service station a mile down the road.

Judge Roderick Young ruled Nazario can present a jury with his claims of false imprisonment, assault and battery and illegal search under Virginia law.

But the judge says federal immunity laws shield the officers from claims that their treatment of the Black and Hispanic soldier violated the U.S. Constitution.

 

[SheWhoMustNotBeNamed]

Army officer pepper-sprayed by police gets $3,685 in $1 million lawsuit

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.

abcnews.go.com

Army officer pepper-sprayed by police gets $3,685 in $1 million lawsuit​

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 jury awarded 2nd Lt. Caron Nazario a total of $3,685 in the lawsuit against Windsor, Virginia, police officers Joe Gutierrez and Daniel Crocker.

The officers faced four counts: assault, battery, false imprisonment and illegal search.

Gutierrez was ordered to pay $2,685 in damages, no malice, under liability for assault. He was cleared of all other charges.

Crocker was liable for an illegal search, no malice. He was ordered to pay $1,000 in damages. He was cleared of all other charges.

Nazario's lawyer, Tom Roberts, said it was a "sad day" and that the verdicts fail to send the message to other police officers that "this conduct is unacceptable."

"It is open season on citizens in Virginia and across the county," Roberts said in a statement. "Citizens will not rest assured that scenes like this are not repeated with impunity.


Gutierrez was fired by the Windsor Police Department in 2021 for not following department policy during the incident.