WINDSOR, Va. — Author's note: The video above is on file from December 2021, when then-Virginia Attorney General Mark Herring filed suit against the Town of Windsor.
Virginia Attorney General Jason Miyares' office denied a public records request from 13News Now for internal e-mails regarding the lawsuit filed against the Town of Windsor for "discriminatory, unconstitutional policing."
Miyares' office said the records were withheld because of Virginia Freedom of Information Act (FOIA) exemptions regarding attorney work product, attorney-client privilege, or records related to alternative dispute resolution.
The lawsuit — filed by former Virginia Attorney General Mark Herring at the end of December 2021, just weeks before leaving office — alleges the Windsor Police Department operated in a way that led to discrimination against African Americans and violated their constitutional rights. It came after an investigation of a controversial traffic stop involving Caron Nazario, a Black Army lieutenant.
In December 2020, two Windsor police officers pulled over Nazario for not having a visible rear license plate. During the stop, the officers approached with guns pointed at the car, gave opposing instructions, and then pepper-sprayed Nazario.
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:
Miyares, who took office on Jan. 15, hasn't said anything publicly about the lawsuit since his predecessor filed it. On Feb. 1, Miyares' office declined to comment when 13News Now inquired about his plans for the lawsuit, citing its pending status.
13News Now filed the FOIA request on March 2, seeking e-mails regarding the lawsuit sent and received by Miyares and members of the Attorney General's office between Jan. 15 and March 2.
Two days later, the Attorney General's office invoked a seven workday extension allowed under FOIA and requested an additional five workdays to respond to the request. This is on top of the five days required to respond.
After the public records request was denied, 13News Now reached out to Miyares' spokesperson, who declined to comment on pending litigation, as well as answer a list of questions related to the lawsuit.
13News Now has also reached out to the Town of Windsor for a comment.