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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.

WINDSOR, Va. — 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 stop happened on Dec. 5, 2020. In the video, Army Lt. Caron Nazario was yelled at and pepper-sprayed by former Windsor Police Officer Joe Gutierrez.

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.

Below is one of the body camera videos from the incident. Viewers should be advised there is foul language and content that might be graphic to some audiences:

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.

Following Nazario’s lawsuit, former Attorney General Mark Herring filed a case against the Town of Windsor. A spokesman said Herring’s office found evidence Windsor police officers would disproportionately pull over Black drivers for traffic stops.

Attorney General Jason Miyares took over in January. A spokeswoman at his office told 13New Now they don’t comment on pending litigation.

“All we ask is for accountability,” said Isle of Wight NAACP Spokesman Brandon Randleman.

Randleman said leaders with the Isle of Wight NAACP hope the ball is still rolling.

“We have been in contact with officials from the United States Department of Justice,” Randleman said.

Randleman said they are looking at taking Herring’s findings to the Civil Rights Division within the U.S. Department of Justice.

“We may request the US Justice Department to open up a patterns and practice case into the Windsor Police Department,” Randleman said.

Randleman said as Nazario’s lawsuit moves through the legal system, NAACP leaders will keep fighting for him.

“I could only imagine what he went through throughout this entire ordeal, and then it became an international story overnight,” Randleman said.

In May 2021, Town of Windsor officials announced they invested $15,000 for an outside company to update the police department’s policies.

Town Manager William Saunders said the police department has worked with that company to create a new policy manual that will have more than 140 policies for the department, compared to the 51 it listed previously. 

Saunders said Windsor police officers have done a citizen and officers encounters training, de-escalation strategies training, traffic stops training and more.


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