Black Army Officer Won't Get New Trial Against VA Police: Report

NORFOLK, VA — A Black U.S. Army lieutenant won't get a new trial in his lawsuit against two police officers he says pepper-sprayed, hit, and handcuffed him during a traffic stop in rural Virginia, The Associated Press reported.

Caron Nazario, whose video of the stop was viewed millions of times, filed a lawsuit in 2021, claiming he was falsely imprisoned and that his vehicle was illegally searched by Windsor police officers Daniel Crocker and Joe Gutierrez.

In January, a federal jury ruled mainly in favor of the two police officers, awarding Nazario less than $4,000 in damages and prompting him to quickly request a new trial, the AP reported. According to the request, Nazario claimed the jury's verdict was against the apparent weight of the evidence.

A federal judge disagreed in a ruling last week, according to the AP, stating Nazario "makes no showing that the jury's findings were not within their discretion."

"The jury is at liberty to weigh the credibility of the evidence as it sees fit," the judge wrote.

The lawsuit stems from an incident in December 2020 when Nazario was driving home from his duty station. According to the lawsuit, as Nazario passed through the small town of Windsor, Crocker radioed that he was attempting to stop a vehicle with no rear license plate and tinted windows.

Crocker said the driver was "eluding police" and considered it a "high-risk traffic stop," according to a report included in the lawsuit. An attorney for Nazario later explained the soldier was trying to stop in a well-lit area "for officer safety and out of respect for the officers."

The lawsuit said Gutierrez was driving by and decided to join the traffic stop. By the time the two officers reached Nazario's SUV, the license plate was visible in the rear.

When Nazario stopped at a well-lit gas station, the two officers immediately drew their guns and pointed them at Nazario, his lawsuit alleges. The lawsuit says the officers then attempted to pull Nazario out of the vehicle while he kept his hands in the air. Gutierrez pepper-sprayed Nazario multiple times as the officers yelled for him to get out, the lawsuit says.

At one point, Gutierrez told Nazario he was "fixin' to ride the lightning," a reference to the electric chair that was also a line from "The Green Mile," a film about a Black man facing execution, the lawsuit said.

Nazario got out and asked for a supervisor. The lawsuit says that Gutierrez responded with "knee-strikes" to his legs, knocking Nazario to the ground. The two officers struck him multiple times, then handcuffed and interrogated him, the lawsuit says.

The traffic stop was captured on Nazario's cellphone and the officer's body-worn cameras.

Video of the stop surfaced in April 2021 after Nazario sued in federal court, alleging that his constitutional rights were violated. The images sparked outrage and served as a grim reminder to many Black Americans that a military uniform doesn't necessarily protect against mistreatment by police.

In August 2022, a judge ruled that Nazario's lawsuit could move forward; however, he also decided that neither Crocker nor Gutierrez violated the Black and Hispanic soldier's rights against excessive force, unreasonable seizure and free speech.

The Associated Press contributed to this report.