RICHMOND, Va. — A pending federal lawsuit against two Windsor police officers is getting closer to a jury trial.
On Tuesday, the attorneys for Lt. Caron Nazario, former officer Joe Gutierrez and Officer Daniel Crocker met with a judge for a final hearing before the hearings begin on January 9.
Nazario is suing the duo for claims of assault and battery, false imprisonment, and illegal search.
Gutierrez and Crocker stopped Nazario for a missing rear license plate in 2020. In police body camera video, they pulled out their guns, told him to get out of the car even though he was scared, and eventually Gutierrez pepper sprayed Nazario.
Tuesday, in Richmond federal courtroom, Judge Roderick Young made final rulings on which evidence attorneys can include in the trial.
Nazario’s attorney, Jonathan Arthur, wanted to exclude the defense’s use of force expert witnesses, but the judge denied that request.
Young is allowing a video from Crocker’s team for demonstrative purposes.
He said Crocker videotaped his route, from when he turned on his lights to stop Nazario, to when Nazario pulled over at the gas station. His attorneys want to try and show other well-lit areas Nazario could have stopped.
However, Young won't allow them to do a stopwatch demonstration.
Crocker’s attorneys said according to the body camera video, it took Nazario nearly two minutes to stop his car.
Arthur wants to admit Nazario’s nightmare diary into evidence, but the judge is deferring his decision until the trial.
Arthur said Nazario is ready for trial.
“We are ready, we are prepared,” he said. “We want jurors to come out and speak to the community, and say what occurred is not acceptable in any civilized society.”
Attorneys for Gutierrez and Crocker said, “We expect to win the case and prevail.”
Young also asked the attorneys if they had reached a potential settlement agreement. Crocker's attorneys said no, because Nazario’s team is not willing to accept an amount below seven figures.
The trial could last up to five days.