Caron Nazario’s lawsuit against two Windsor, Virginia, police officers produced a January 2023 jury verdict of $3,685 in his favor, a separate September 2023 settlement between the Town of Windsor and Virginia’s attorney general that required department reforms without any admission of wrongdoing, and a 2024 Fourth Circuit decision that stripped one officer of qualified immunity and sent part of the case back for a new trial. As of late 2025, no retrial date has been publicly reported.
What Happened at the Traffic Stop
On December 5, 2020, Windsor Police Officers Joe Gutierrez and Daniel Crocker pulled over Army 2nd Lt. Caron Nazario because his SUV’s rear license plate was not properly displayed. Nazario slowed, drove about a mile in under two minutes, and pulled into a well-lit gas station.1U.S. Court of Appeals for the Fourth Circuit. Nazario v. Gutierrez, No. 23-1620 Both officers drew their weapons. Body-camera footage captured Gutierrez telling Nazario, who was in uniform, “You’re fixing to ride the lightning, son,” before pepper-spraying him through the open window. Officers then forced him to the ground.2Courthouse News Service. Fourth Circuit Hears Pepper-Sprayed Army Lieutenant’s Excessive Force Appeal
Once the video circulated in spring 2021, Windsor fired Gutierrez on April 11, 2021, after an internal investigation found policy had not been followed.3CNN. Caron Nazario Officer Fired Crocker kept his job.4VPM News. Caron Nazario Pepper Spray Windsor Police New Trial
The Lawsuit and the 2023 Jury Verdict
Nazario filed suit on April 2, 2021, in the U.S. District Court for the Eastern District of Virginia. The complaint alleged Fourth Amendment violations, First Amendment retaliation, and Virginia state-law claims for assault, battery, false imprisonment, and illegal search. He sought $1 million in damages.5KOSU. Army Lieutenant Pepper-Sprayed in Virginia Traffic Stop Receives $3,685 in Damages
Before trial, U.S. District Judge Roderick C. Young ruled that qualified immunity shielded both officers from the federal constitutional claims of excessive force, unreasonable seizure, and free-speech retaliation. The state-law claims went to a jury, and the judge separately ruled that Crocker was liable for an illegal search of the SUV.68 News Now. Jury Mostly Backs Police Sued by Soldier Over a Traffic Stop
In January 2023, the jury awarded Nazario:
- $2,685 in compensatory damages against Gutierrez for assault
- $1,000 in punitive damages against Crocker for the illegal search5KOSU. Army Lieutenant Pepper-Sprayed in Virginia Traffic Stop Receives $3,685 in Damages
The jury also found Crocker had violated Nazario’s Fourth Amendment right to refuse a search but concluded he acted without malice, awarding no damages on that claim.7NPR. Army Lieutenant Virginia Police Traffic Stop Both officers prevailed on the battery and false-imprisonment claims.4VPM News. Caron Nazario Pepper Spray Windsor Police New Trial The total came to $3,685, roughly one-quarter of one percent of what Nazario had asked for.
The Windsor Settlement With the Attorney General
A separate case, brought by the Virginia Attorney General’s Office against the Town of Windsor over an alleged pattern of misconduct, settled on September 7, 2023. Windsor did not admit to the misconduct allegations. Town officials said they signed to “avoid further unfair and unjustified financial impositions” by the attorney general’s office. In exchange, the attorney general dropped the argument that Windsor police had violated state law by depriving Nazario of his rights.8Army Times. Virginia Lawsuit Over Army Officer’s Traffic Stop Will Be Settled
Nazario himself was not a party to this settlement and received no money from it. The agreement required Windsor to:
- Seek accreditation from the Virginia Law Enforcement Professional Standards Commission
- Create an independent review commission for complaints alleging excessive force and serious misconduct
- Put officers through training exercises twice a year
- Submit allegations of excessive force or misconduct to the Isle of Wight Commonwealth’s Attorney for review, and file compliance reports with the attorney general’s office for a set period8Army Times. Virginia Lawsuit Over Army Officer’s Traffic Stop Will Be Settled4VPM News. Caron Nazario Pepper Spray Windsor Police New Trial
What the Fourth Circuit Changed on Appeal
Nazario appealed the trial court’s qualified-immunity rulings. On May 31, 2024, the Fourth Circuit largely affirmed but made one important reversal: it stripped Gutierrez of qualified immunity on the Fourth Amendment unreasonable-seizure claim.1U.S. Court of Appeals for the Fourth Circuit. Nazario v. Gutierrez, No. 23-1620
The panel agreed there was probable cause for the license-plate stop and, later in the encounter, for obstruction of justice, because Nazario refused repeated commands to exit and pulled his door shut. It rejected the trial court’s finding of probable cause for “eluding,” holding that his driving behavior did not amount to willful disregard of a police signal. With that finding removed, the court held that pointing a firearm at a compliant citizen while making verbal death threats during what began as a minor traffic infraction was a “clear violation of the Fourth Amendment” that qualified immunity did not protect. The panel noted the roughly 80-minute detention “easily exceeded the length of a normal or reasonable traffic stop.”9Courthouse News Service. Fourth Circuit Mostly Sides With Officers on Pepper-Sprayed Army Lieutenant’s Excessive Force Appeal
Crocker kept qualified immunity in full. The court found circuit law was not sufficiently developed at the time to put him on notice that his particular conduct was unconstitutional.10North Carolina Lawyers Weekly. 4th Circuit: No Immunity for Officer for Alleged Death Threats The excessive-force and First Amendment retaliation rulings in favor of both officers were also affirmed.9Courthouse News Service. Fourth Circuit Mostly Sides With Officers on Pepper-Sprayed Army Lieutenant’s Excessive Force Appeal
Where the Case Stands Now
The case returned to Judge Young in Norfolk for a second jury trial limited to three questions: whether probable cause at the gas station covered only the traffic infraction or also “eluding”; whether Gutierrez’s comments were death threats that strip him of qualified immunity; and whether those threats prolonged the stop before probable cause for obstruction existed.11Justia. Nazario v. Gutierrez et al, No. 2:2021cv00169
In August 2025, the court denied a second round of summary-judgment motions from both sides. In September 2025, the court ruled on pretrial motions, allowing video of the encounter up to the moment of obstruction but excluding Gutierrez’s post-incident statements about minority drivers and delayed stops. The court found the risk of jury confusion and unfair prejudice now outweighed the evidence’s value, since excessive force is no longer at issue.11Justia. Nazario v. Gutierrez et al, No. 2:2021cv00169 As of late 2025, no retrial date has been publicly reported.