windsor police lawsuit updatewindsor police lawsuit update

The two sides in the case dispute what happened after a second police officer joined the first one in the stop. Federal Court COVID19 update 7/30/2021, 7-20-2021Court Record Docket Text: Minute Entry for proceedings held before District Judge Roderick C. Young: Initial Pretrial Conference held on 7/20/2021. Under these circumstances, a person may use reasonable force to resist the arrest and unreasonable force by an law enforcement officer. Prince Andrew should be slung out of his grace-and-favour mansion unless he agrees to pays more than the 250-a-week peppercorn rent he is reportedly being charged, royal experts told MailOnline . Citing. Crocker and Gutierrez were involved in a "high-risk traffic stop" when they pulled over Army medic officer Mazario in Norfolk, Virginia, in December 2020. a reasonable officer. During the stop of Lieutenant Nazario, officers of the Department pointed their firearms at Lieutenant Nazario and subsequently deployed aerosolized pepper spray repeatedly on the Lieutenant. (jjon). In The Estate of Armstrong v. Village of Pinehurst 810 F3d 892 (4th Cir. Crocker has retained Anne Lahren of the Virginia Beach-based firm Pender & Coward. This too will be an appeal issue in the case.. However, on 4/15/2021 Windsor Police Chief Rodney Riddle blamed Lt. Nazario: Lt. The opening statement told the jurors that the evidence would show that the actions of both Crocker and Gutierrez was unreasonable created justified fear in Lt. Nazario. an officers response to a citizens expression of fear to get out of the car should never be Yeah, you should be. He complied by rolling his window down. The Town of Windsor disclosed on 4/11/2021, that Officer Gutierrez has been terminated from his employment. The lawsuit, which is the first of its kind under a new state law that empowers Virginias attorney general to file suits to stop systemic civil rights violations, contends the WPD violated Virginias Human Rights Act and Virginias Public Integrity and Law Enforcement Misconduct Act by disproportionately stopping Black motorists. It is an assault under Virginia law. He was unable to testify that either Guterriez or Crockers actions were reasonable, but offered testimony regarding what a reasonable police officer would do in various situations. Heenan, in his Feb. 9 court filing, further asked that the court recognize Assistant Attorney General Brittany Sadler Berky as the cases new counsel of record going forward. Shawn Utsey, Ph.D., a psychologist testified that he had provided counseling and treatment to Lt. Nazario after this incident working with psychiatries James Sellman, MD. Successful Defense of High Profile Criminal Case Dinwiddie County, January 23, 2018 Another Free Speech Victory, Virginia Civil Rights Law Firm Thomas H. Roberts & Associates, PC obtains a $25.35 Million Judgment for Sexual Assault Victim, Civil Rights Law Firm Lands A Jury Verdict for Police Misconduct. From the pool of prospective jurors summons to the court (veniremen ) the court randomly called individuals to the witness stand. He had been stopped in Windsor for speeding about 1 month before, in the same vehicle with the same registration hanging in the window without having firearms pointed at him but was particularly mindful of the speeding traps and was driving through Windsor on December 5, 2020 obeying all of the moving laws and regulations. Contractor Took My Deposit Contractor Fraud In Virgnia, Jury Verdict Lt. Nazario v. Windsor Police Officers. (Plaintiff if ready otherwise ready for trial once the defendants appeals are denied, he will file in preparation for the trial his discovery designation, witness list, and exhibit list). The diagnosis, he contends, has also impacted his military career. Although the U.S. District Court acknowledged that the U.S. Court of Appeals for the 4th Circuit has made it clear that a constitutional right is clearly established not only when it has been specifically adjudicated but also when it is manifestly included within more general applications of the core constitutional principle invoked, the court nevertheless ruled that the contours of the rights involved in this case were not so well defined that it would be clear to a reasonable officer that Gutierrez and Crockers conduct was unlawful. Nazarios fiancee testified that shortly after the incident Nazario began to have nightmares, shouting out in his sleep Its the risk of driving while Black!. Does the statute of limitations toll because I didnt know that I could file a lawsuit or because I didnt know the name of the defendant? Copy of Lawsuit Circuit Court Isle of Wight. How do I get a copy of the search warrant, affidavit and return. The traffic stop of Lt. Caron Nazario happened Dec. 5, 2020, and came to light in April after Nazario filed suit. Associate Andrew Bodoh assisted with work leading up to the trial. He conducted empirical testing to confirm his diagnosis given in accordance with the DSM5 of PTSD and General Anxiety Disorder. The next morning, she heard him watching a video on repeat, and recognized Nazarios voice in the recording. Police in the small town of Windsor, Virginia, found themselves in the national spotlight after being hit with a lawsuit from an Army officer, who is Black and Latino, after a traffic stop. Over the past two years since the incident, Nazario has watched the cellphone video too many times to count, Madu testified,He sometimes cries while doing so, but that hasnt stopped him from replaying it over and over, she said, sometimes to the point of ignoring the couples newborn son. His testimony gutted Crocker and Guterriez claim that Lt. Nazario did not have PTSD symptoms that interfered with his life. (EFC No. The federal court had already determined that the search of the vehicle violated the clearly established law that police officers should have known and that it violated Virginias law as well. Upon information and belief, the Department has executed other such felony stops. Nazario had a temporary New York plate displayed in his rear window, but the officers claimed they hadnt seen it, and accused the lieutenant of eluding police for having driven roughly a mile down Route 460 to a BP gas station before stopping. Pursuant to both Blankenship, and Suarez, the Lieutenant as appropriately alleged and supported with facts, threat intimating imminent punishment. 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. Her profile further cites special expertise in constitutional law, civil rights, and legislative policy, noting her membership in the Federalist Society and her past work in the U.S. Senate. GOFUND.ME, July 29, 2022 Letter from Special Prosecutor, The Court Action - Notes and Public Documents & Opinions, Blankenship, 471 F.3d 523 (4th Cir. Brandyn Steinwender says the lawsuit he filed against Windsor police stems from what happened on Ouellette Avenue, near Park Street in the early morning hours of November 10, 2019. 41) Sitting in the car and refusing to get out in the face of unreasonable force is authorized by law, even if under normal circumstances a law enforcement officer may order somebody out of the car sitting in the car is the least amount of force Lt. Nazario used, and cannot be anything but reasonable! Nazario had been pulled over on Route 460 for allegedly lacking a license plate. THIS HAS TO STOP! During the morning session of the trials second day, Nazario continued testimony hed begun on Jan. 9 by telling jurors hed been diagnosed with anxiety and post-traumatic stress disorder, or PTSD. Defense witness Wallentine testified that most tasers used by police departments are markedly different in color, usually yellow, to distinguish them from firearms. Williams v. Nichols, 266 F.2d 389, 392 (4th Cir. Special Prosecutor Anton Bell appears to narrowly focus on the traffic stop itself. Id. VANCOUVER -. FOIA setback is the fault of the Virginia legislature, Isaac Roberts, 2015 law clerk, explains that the US Supreme Court has usurped from citizens the democratic process for amending the Constitution, Constitutional Free Speech in Public Schools, Verdict for Vietnam War Hero mistreated by jail. On December 5, 2020 Lt. Caron Nazario was pulled over because he had a temporary tag taped to the rear window of his vehicle. Virginias Personal Injury & Civil Rights Law Firm. According to court records, Heenan asked on Feb. 9 that the court grant himself and Blobaum permission to withdraw from the case, noting that as of Jan. 10, Blobaum was no longer employed by the Office of the Attorney General. Heenan too. We are pleased to see that the State of Virginia has taken the December 5, 2020 incident as seriously as we do & used its resources to uncover the statistical evidence supporting our concern that race was a significant factor in the violations of Lt. Caron Nazarios constitutional right to be free from excessive use of force and unlawful search. In January of 2023 over a hundred City of Windsor employees were terminated for failing to comply with the employer's vaccination policy. Reinhold said Nazario had come to him the day after the traffic stop to talk with him about why the officers might have reacted the way they did. Therefore, there was no need for Mr. The Town of Windsor announced Sunday night that Gutierrez had been terminated from the police force following an internal investigation. Beyond that, in an opinion that does not often occur in civil rights litigation, the Court determined that Daniel Crocker violated Lt. Nazarios clearly established right to be free from an unreasonable search., Attorney Arthur explained the history of qualified immunity, stating, The Supreme Court invented Qualified Immunity to protect officers who make split second decisions in grey areas. A look at mRNA vaccine issues. Despite the fact that Lt. Nazario was in handcuffs outside of the vehicle, Officer Crockers ignorance of Constitutional and Virginia law abounds with a claim that the search of the vehicle without a warrant was tantamount to a frisk,was not a seizure, ( 88) and [he] did not conduct any search. With conflicting commands to keep his hands out of the window and later interspersed commands to get out of the vehicle, which he could not do with the seatbelt on Lt. Nazario continued to obey the command to hold his hands outside the window hoping he would not be shot. The role of the Commonwealth Attorney is to determine whether or not he believes based upon the evidence that the Commonwealth can prove each element of an alleged offense beyond a reasonable doubt or to exercise prosecutorial discretion not to prosecute a crime. 41? For a deeper dive into spoliation- click here, 4/29/2021 Defendants Joe Gutierrez and Daniel Crocker ordered to file responsive pleadings to the plaintiffs complaint by May 15, 2021 electronically signed by Lawrence R. Leonard, United States Magistrate Judge. 1983 actions subject to qualified immunity rights like the Fourth Amendment protection against excessive force at issue here. It is not clear why the release came out on July 29, 2022. In a federal civil lawsuit filed last week, Nazario said he was driving in a newly purchased Chevrolet Tahoe when he encountered police on U.S. Highway 460 in Windsor. He explained to the jury that serving in the military was his dream, because it was his privilege to serve and fight for this county. More:See all the videos of the traffic stop Dec. 5, 2020. The officers faced four counts: assault . Given that the Complaint cites questionable data on the quantity and nature of traffic stops and searches, as well as its reporting, the suit lacks any context as to what the Town has done over the past year to address any concerns. Va Code 18.2-57. Dr. Sellman, a psychiatrist in Richmond, Virginia with almost 50 years of medical experience and substantial experience with vets and PTSD explained to the jury PTSD. Hes also urinated in the bed two to three times over the past two years, and sometimes starts grabbing his gun. The elder founder of the law firm Attorney Tom Roberts participated as well throughout, serving as second chair at the trial and cross-examining one of the defense experts. The Town of Windsor and its seven member police department, which includes minority representation, assures the entire Commonwealth of Virginia that despite the accusations in the lawsuit: all traffic stops are conducted in a constitutional bias free, non-pretextual manner, the use of force is consistently applied and that use of force incidents are properly reported, the public can file complaints and have them taken seriously. Nazarios opening delivered without props explained to the jury the facts that would be presented in the trial, reviewing all of the acts of compliance by Lt. Nazario, beginning with his slowing the vehicle once he realized the blue lights and siren were directed at him, identifying the most well-lit space ahead, using his turn signals before changing lanes, pulling into the BP station, and stopping his car. The Court is to issue a scheduling order. Nazario was reluctant to go but was Reinholds only medical service officer, the colonel testified. The stop happened on Dec. 5, 2020. 32 and 33 Crocker and Gutierrez do not address or attempt to distinguish Blankenship they simply ignore it. Herring, a Democrat, alleged in his December complaint that a months-long investigation had revealed disturbing evidence that Windsors Police Department repeatedly operated in a way that led to discrimination against African Americans. The case was automatically assumed by Miyares, a Republican, after Herring left office in January. Windsor police lawsuit day 2: Nazario 'just different' since traffic stop, girlfriend testifies Published 4:56 pm Wednesday, January 11, 2023 By Stephen Faleski Gutierrez, as shown on Officer Daniel Crocker's body camera pepper-spraying Army 2nd Lt. Caron Nazario Refusing to answer the simple question Whats going on?, Gutierrez threatened Lt. Nazario that he was about to ride the lightning and when Lt. Nazario explained that he was afraid to get out of the car, Gutierrez stated Yeah, you should be Ultimately while his hands remained raised and outside the vehicle, pleading with the officers to calm down and talk, Gutierrez pepper sprayed him in the eyes and face, while Crocker stood by with his hands in his pocket, showing neither officer feared Lt. Nazario. On August 9, 2022, the U.S. District Court granted summary judgment finding that Windsor police officer Crocker violated the 4th Amendment and Virginia state law by unlawfully searching Lt. Caron Nazarios vehicle without a warrant or consent. WINDSOR, Va. Virginia Attorney General Mark Herring is suing the Town of Windsor, alleging that its law enforcement engaged in discriminatory policing practices. Jury deliberations are underway in Army Lt. Caron Nazario's $1 million lawsuit against Windsor Police Officer Daniel Crocker and ex-officer Joe Gutierrez, the trial for which is taking place at the Spottswood W. Robinson III and Robert R. Merhige Jr. Federal Courthouse in Richmond. Nazario, she said, started talking in his sleep, even shouting statements like, Its the risk of driving while Black! a sentiment he hadnt expressed prior to his encounter with the two officers. Count 4 unlawful pattern and practice violating the Virginia Community Policing Act. Mark Bong is an attorney in Virginia whose practice includes representing law enforcement in disciplinary and decertification matters. Nazario, who is of Black and Latino descent, filed a federal lawsuit in 2021 accusing the two white officers of racially motivated police brutality for having held him at gunpoint during the 2020 traffic stop and shouted conflicting commands at him to keep his hands out of his cars window and exit the vehicle. Arthur, given the opportunity to redirect, showed a Sept. 28, 2020, memorandum from Nazarios Army command notifying him of a potential deployment to the Middle East in December 2021. On cross-examination he was forced to concede many of the acts of compliance by Lt. Nazario where he previously contended Lt. Nazario was non-compliant. Lt. Nazario reduced his speed and slowly traveled to the well-lit gas station ahead. The Virginians Guide to FOIA Andrew T. Bodoh, Esq. The court also ruled that Lt. Caron Nazario will be able to have his state claims for assault and battery and false imprisonment tried by a jury, explaining that the reasonableness of the officers actions was a matter for the jury to decide. He also served as part of the honor guard. Video of the 2020 incident in the small town of Windsor got millions of views after Caron Nazario filed the federal lawsuit, highlighting fears of mistreatment among Black drivers and raising . WINDSOR, Va. The former Windsor Police officer fired after pepper-spraying a U.S. Army lieutenant during a traffic stop is asking for a judge to dismiss part of the $1 million lawsuit. The Department does not have a policy on what constitutes a felony stop. Padrick served from 1970 to 1981 as a detective for the Virginia Beach Police Department. We are grateful for their service to the OAG, reads the statement. Attorney general's lawsuit against Windsor sees shakeup Published 1:59 pm Friday, May 27, 2022 By Stephen Faleski File photo All three lawyers former Virginia Attorney General Mark Herring tasked with prosecuting his police misconduct lawsuit against the town of Windsor are no longer employed by his successor, Jason Miyares. (Jason Viau/CBC) The jury failed to apply the law to this case and a new trial should be granted! Arruda said his life turned around when he became sober at the age of 21. Windsor, including its police department, remains vigilant in protecting the rights of all residents of the Town, Isle of Wight County, Commonwealth of Virginia and nation, regardless of race or gender, who pass through its limits. This failure to apply the jury instruction colors their verdicts for Crocker. Nazario has filed a $1 million lawsuit against the former lawman and Officer Daniel Crocker, who was also involved in the incident but remains on the force. The estate of Seth Franco was awarded $3.41 million by a jury on Oct. 22 in his lawsuit against the city of Boulder and Boulder police Sgt. Published 4:56 pm Wednesday, January 11, 2023. In a new report released . 1st Round of Interrogatories and Request for Production issued to defendants! Published: 1:39 PM EST February 11, 2022 Updated: 4:19 PM EST February 11, 2022 WINDSOR, Va. A judge has rejected a former Windsor Police officer's request to drop First Amendment claims in. Response to July 29, 2022 Letter from Special Prosecutors finding that no violation of state law occurred (Click here for copy), We agree with the special prosecutor that Gutierrezs statements throughout the entire ordealwould lead a reasonable person to wonder whether underlying bias was at the root of how and why [Lt.] Nazario was treated in like manner.. She testified that he began to become obsessively conscious about safety and frequently carried his handgun even in the house. ECF No. To all of the officers that strive to fulfill their oath we salute you and ask you to police your own. He has degrees from Harvard, and obtained his law degree in Richmond. Lt. Caron Nazario isnt the same person 32-year-old Sadie Madu met and fell in love with in 2017, and hasnt been since he was pulled over by Windsor Police Officer Daniel Crocker and ex-officer Joe Gutierrez the night of Dec. 5, 2020, she says. The Army has initiated what it terms a mental health profile on him, which ended up barring him from deploying with his unit. He ask the jury to find that Gutierrez and Crocker collaborated on their reports which conflicted with the events shown on the videos from the body-worn cameras. He presented a chart showing the commands and Lt. Nazarios compliance. While they are glad Gutierrez was ultimately let go. 30. Richard Matthews, co-counsel to Lahren for Crocker, stated in his closing argument that Crocker could not have acted with malice, since after Nazario was in handcuffs, hed gone into the BP convenience store to get him water hed requested, and had even warned Nazario that pouring it over his eyes, as he planned to do, would make the burning sensation from the pepper-spray worse. He saw a police car stopped for a traffic light as he passed by, but shortly thereafter, he saw blue lights and heard a siren behind him. The matter was set for a final pretrial conference and 5 day jury trial. The statute of limitations for any misdemeanor offenses that Gutierrez or Crocker may have been suspected of having committed expired long ago under Virginia law Va Code 19.2-8 (even with COVID tolling) thus even if he were to have determined now, on July 29, 2022, that there were sufficient facts to support the criminal prosecution of Gutierrez for misdemeanor assault, he would not be able to prosecute because misdemeanors must be prosecuted if at all within 1 year of the offense under Virginia law. why is my cookies pen blinking purple is there mobile coverage across the nullarbor bachelor apartment windsor kijiji The suit accuses both officers of racially motivated police brutality. If, at any time, the detention becomes unlawful, the Citizen may refuse and use reasonable force to resist. When an officer has unreasonably increased a citizens fear by unreasonable escalation, including unreasonably drawing weapons and pointing those weapons at the citizen that it is unreasonable to expect a citizen to step out of the vehicle. 2001). Friday morning, Nazarios battalion commander, Lt. Col. Charles Reinhold, took the stand and testified Nazario had gone from being a very outgoing officer to someone who, following the incident, was disheartened to be in his uniform. FRCP Rule 8(b)(1)provides that an. 26. Crockers body-worn camera video tape of the incident was played and admitted into evidence. In cross-examination by Tom Roberts, another of Nazarios attorneys, Tatum was required to break down scenarios. Nazario, who is of Black and Latino descent, accuses the two white officers of racially motivated police brutality for holding him at gunpoint during a Dec. 5, 2020, traffic stop and shouting conflicting commands at him to keep his hands out of his cars window and exit the vehicle. But this will not change until the Supreme Court decides to do so. 2006). But explained that he never considered suing and even after that experience did not have concerns driving while black. Nazario had a temporary New York plate taped to the inside of his cars rear window, but Crocker said he didnt see it and accused the lieutenant of eluding police for having driven roughly a mile down Route 460 to a BP gas station before stopping. 2006). In it Crocker conceded that all three videos did not show Lt. Nazario slapping his hand which he wrote in a police report, but asserted it happened nonetheless. Dr. Sellman using his experience, training and the DSM5 diagnosed Lt. Nazario to have severe PTSD, General Anxiety Disorder and a Panic Disorder. That is why I have now filed suit to ensure accountability and to protect Virginians rights. Virginia Attorney Generals Office. On Monday, 1/9/2023 at 9:00 a.m., jury selection began in the civil rights trial of Lt. Caron Nazario v. Joe Gutierrez and Daniel Crocker for the horrible manner in which he was treated by officers from the Town of Windsor Virginia in a simple traffic stop. Lawyers for the Onion Held In Contempt by U.S. Supreme Court, Trespass and the 4th Amendment, Objective and Subjective Factors. The Court has found that when Plaintiff was initially detained, such detention was at that time a lawful arrest as a matter of law. (Photo by Stephen Faleski) Rights of parents to religious training of their children in intra-parental custody-visitation disputes. Gutierrez, a field training officer for the seven-person Windsor police department, was fired following an internal investigation by the . As such, the jury will be tasked only with awarding damages for the search, as well as deciding whether either officers actions constituted false imprisonment and assault and battery., Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), Saunders provides Windsor Town Council with Fiscal Year 2023 revenue projections, Guardsman rejected $150,000 settlement from Windsor officers, records show, Isle of Wight School Board bans sexually explicit content in elementary, middle schools, Windsor Town Council likely to consider water main replacement bids in March. Trulock v. Freeh, 275 F.3d 391, 404 (4th Cir. He explained that in the military it was drilled into him, never point a weapon at anyone he was not prepared to kill or destroy. DISCOVERY: Counsel for Lt. Caron Nazario will issue subpoenas to various parties requiring them to produce documents likely to lead to admissible evidence, and to demand that defendants Gutierrez and Crocker answer written questions under oath and produce various documents before their depositions are taken. U.S. District Judge Roderick Young ruled in August that Crockers removal of a firearm from Nazarios car to check its serial number constituted an illegal search. The nation was shocked by the verdict. Since the birth of the couples son in September 2022, Madu and Nazario have stopped sleeping together, she testified. 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 2016), Judge Thacker of the Federal 4th Circuit Court of Appeals, where Virginia sits, wrote: What may not be quite so obvious, but is in fact far more important, is the degradation of constitutional rights that may result when constitutional tort claims are resolved solely on grounds of qualified immunity. The officers decided to "pull their weapons, illegally detain Lt. Nazario, threaten to murder him, illegally spray him with [pepper spray], and illegally searched his vehicle," the complaint says . Windsor Police Officer Joe Gutierrez has been fired after an internal investigation was conducted into his conduct in a December 2020 incident. The Town is stunned that this suit was filed on December 30, just hours before Courts closed for the year. Since the birth of the couples son in September 2022, Madu and Nazario have stopped sleeping together, she testified. According to Senate records, she worked for U.S. Sens. Nazario, she stated, began having nightmares and talking in his sleep around February 2021, even shouting statements like, Its the risk of driving while Black! a sentiment he hadnt expressed prior to his encounter with the two officers. The video was the cellphone footage hed recorded from his car of the interaction. So Lt. attorneys Jonathan Arthur read the questions while Tom Roberts sat in the witness box and read Gutierrez answers. Defendant Crocker tags along with Gutierrez arguments on the 1st Amendment claims. WHY THE LEE MONUMENT LAWSUIT AGAINST RPD? The two sides in the. See article. 29. She then saw him head straight to the bathroom and heard what sounded like his turning on the water and dousing himself repeatedly with the milk. How do I subpoena out-of-state documents from a nonresident non-party? Madu recalled on the witness stand that Nazario had knocked on the door of the couples Petersburg home the night of the incident wearing only his boxer shorts and carrying a jug of milk, though he had a key and could have let himself in. Plaintiff Lt. Nazario will likely move for sanctions under FRCP 37(e) after discovery process gives the full picture of the destruction. 1941). The trial court may weigh the evidence and consider the credibility of the witnesses. On cross-examination, attorney Arthur elicited from her that she was paid $6,000 by the defendants, and that she is called as an expert witness in about 20 cases each year. Published 6:15 pm Friday, January 13, 2023. LETS NOT DISAPPOINT DEFENDANT CROCKER STAND WITH LT. NAZARIO VISIT HIS GOFUNDME PAGE! Gutierrez was caught assaulting a US Army officer on bodycam footage, despite the officer complying with all his demands. Stopped sleeping together, she said, started talking in his sleep, shouting... That Lt. Nazario was non-compliant time, the detention becomes unlawful, the becomes... Trulock v. Freeh, 275 F.3d 391, 404 ( 4th Cir a nonresident?... Jury trial practice includes representing law enforcement officer by U.S. Supreme court decides to do so discovery process the! Sunday night that Gutierrez had been terminated from the pool of prospective summons... F3D 892 ( 4th Cir representing law enforcement officer witness stand of PTSD and General Anxiety Disorder against force! Ptsd symptoms that interfered with his life turned around when he became sober at the age of.. F.3D 391, 404 ( 4th Cir the year ( Photo by Stephen Faleski ) of! Was filed on December 30, just hours before Courts closed for Onion. Armstrong v. Village of Pinehurst 810 F3d 892 ( 4th Cir, has also his... Firm Pender & Coward we salute you and ask you to police your own commands! Viau/Cbc ) the jury failed to apply the jury failed to apply the jury instruction colors verdicts... Guterriez claim that Lt. 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Village of Pinehurst 810 F3d 892 ( 4th Cir and decertification matters to... The Department does not have PTSD symptoms that interfered with his unit in Virginia whose practice includes representing enforcement. December 2020 incident a copy of the witnesses Virginians rights both Blankenship, and came to light in after... License plate his diagnosis given in accordance with the two officers Verdict Lt. Nazario reduced speed. To FOIA Andrew T. Bodoh, Esq Miyares, a Republican, after Herring left in! Officer for the Virginia Beach police Department this failure to apply the law to this case and a new should... Weigh the evidence and consider the credibility of the interaction over the past two years, and sometimes grabbing..., Trespass and the 4th Amendment, Objective and Subjective Factors simply ignore it mark Bong is an attorney Virginia. 892 ( 4th Cir Production issued to defendants Nazario did not have a policy what... To narrowly focus on the traffic stop of Lt. 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