Windsor Police Officers are Hit With A Lawsuit After Assaulting a Man During An Illegal Stop

One of the only constants connected to living in America seems to be Police brutality. It seems that every other week there is a new case in a new state regarding an illegal stop and or shooting. This week there has been an update on an incident that occurred in December 2020 during a traffic stop in Windsor, VA.

Caron Nazario, who is a second lieutenant in the Army, was driving a new SUV through the town of Windsor when a cop attempted to pull him over. Having knowledge of the law, Nazario tried to find a well-lit area to pull over, according to the lawsuit that was just filed last week. With a gas station less than a mile away, Nazario parked in the parking area to be addressed by police. During this, the Windsor Police Officer, Daniel Crocker, altered dispatch that he was attempting to pull over a vehicle that had no rear license plate and tinted windows; he considered it a “high-risk traffic stop”. A fellow officer, Joe Gutierrez, responded to the call as well. All actions that took place afterwards have been disputed by the officers and Nazario.

The Body Cam footage and Nazarios cell phone footage affirm the events that Nazario held true. Nazarios lawyer stated that the lawsuit was filed in federal court because it alleges that his constitutional rights were violated. The Chief of Police in Windsor did not respond for a comment. Both officers that are named defendants in the lawsuit, Crocker and Gutierrez are still working for the department and haven’t been able to be reached for a comment.

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According to the lawsuit, the two officers approached the vehicle with their weapons drawn to see Nazario, who is Black and Spanish, still dressed in uniform. Although Crocker stated that he pulled the vehicle over for not having a rear license plate, the body cam footage shows the paper plate pasted to the rear window that is normally used for newer vehicles. The officers then began to shout conflicting orders at Nazario and at one point even stated that he was “fixin” to ride the lightning; a term used to describe the electric chair. After repeatedly asking what was going on with no answer, Nazario stated that he was afraid to get out of the car - which was responded to with “You should be” The officers attempted to pull the Lieutenant out of the car and when he asked to speak to a supervisor he was met with pepper spray that not only affected him but his dog that was sitting in the back of the truck.

Nazario explained to the officers that he was trying to get to a well lit area to pull over which Gutierrez replied stating that was reasonable, the claim states. The officer also states that it “happens all the time...80% of the time it’s a minority who waits to get to a well lit area” Gutierrez goes on to explain that the problem was that he refuse to exit the vehicle, according to the claim, and threatened to charge him with obstruction of justice, eluding police, and assaulting a law enforcement officer.

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The lawsuit states that since “they realized they had acted illegally” the officers told Nazario that if he would “chill and let this go” they would release him without charges, but if he fought it Nazario would be charged and would have “to go to court and notify his command”; a clear intimidation technique.

The report made by both officers stated that they let him go because they didn’t want “one bad decision” to affect his military career. The lawsuit argues that the officers didn’t have probable cause to pull Nazario over in the first place, making the stop illegal; and they furthered their illegal activity by attempting to threaten Nazarios military career.