RICHMOND, Va. — A former Windsor police officer is getting sued again for a violent traffic stop in 2020 that sparked controversy across the nation.
Army Lieutenant Caron Nazario, originally sued two former Windsor police officers, Joe Gutierrez and Daniel Crocker, for acting aggressively towards a minority, uniformed Army officer during a traffic stop.
Documents from the lawsuit claimed officers Gutierrez and Crocker pulled over a newly-bought SUV for not having a rear license plate on December 5, 2020.
They approached with guns pointed at the car, gave opposing instructions to a uniformed soldier behind the wheel, and then pepper-sprayed him — all while threatening him with different charges and levels of violence for noncompliance.
The matter went before a Richmond jury in 2023, who awarded Nazario less than four thousand dollars in what was a one-million dollar lawsuit.
Nazario's attorneys called the verdict a "miscarriage of justice," and filed an appeal.
"He was shocked, everybody was shocked, the nation was shocked," said Tom Roberts, an attorney representing Nazario.
A Fourth Circuit Judge has now reviewed the District Court's decision, and while Judge Robert King upheld many of the immunities granted to the Windsor police officers — he reversed one key ruling: unreasonable seizure.
This reversal opens the door for Nazario's legal team to sue only Gutierrez, as the judge found the former officers did not have probable cause for eluding or failure to obey in Nazario's case.
"To point a firearm at a person is a threat with deadly force, and is therefore likely to instill fear, which could manifest into panic and a rash reaction," wrote King. "Gutierrez's conduct, combined with his death threats against Lt. Nazario, was a clear violation of the Fourth Amendment that lies outside the protection of qualified immunity."
Jonathan Arthur, an attorney representing Nazario, said he looks forward to bringing the matter back before a jury and to possibly set further precedent.
"We all owe Lieutenant Nazario a debt of gratitude," said Arthur. "One of the good things to come out about this case is an opinion that can be used further down the line to strip officers of qualified immunity."
Arthur also said that Crocker will not be included in the lawsuit, as he did not make the threats Gutierrez did.
A trial date has not yet been set. The attorney representing Gutierrez declined to comment.