“He was shocked, everyone was shocked, the nation was shocked,” Tom Roberts, who co-represents Nazario, stated.
WINDSOR, Va. — The attorneys representing Lt. Caron Nazario filed a movement for a brand new trial on Friday, following a verdict by a jury earlier this week which awarded Nazario lower than $4,000 in a lawsuit by which he had sought $1 million.
In an interview with Richmond station WWBT on Friday, Nazario’s co-attorney, Tom Roberts stated a brand new trial is crucial to point out the justice system works.
“We’ve seen sufficient unrest, and the general public has obtained to know that the system will work,” Roberts stated. “That is important, and a brand new trial is so as.”
Within the interview, Roberts stated he feels the brand new trial is required as a result of the jury failed to search out that one of many law enforcement officials, Joseph Gutierrez, assaulted Nazario with out additionally discovering the officer battered and falsely imprisoned him.
“On this circumstance, with the assault that the jury discovered, it triggers the precise for him to have that cheap resistance to say ‘I’m afraid to get out of the automobile and to remain in his automobile,’” Roberts stated. “Due to this fact, every part they did after that time constitutes battery and assault.”
Roberts additionally stated a psychiatrist who testified for the law enforcement officials didn’t consider Nazario had any psychological well being situations because of the visitors cease.
He claimed the professional added their very own standards to find out PTSD, anxiousness, and panic problems.
“That is false proof, and the decision is predicated on that, and it needs to be put aside, and a brand new trial granted due to that,” Roberts stated.
The officers stopped Nazario for a lacking rear license plate in 2020. In police physique digital camera video, they pulled out their weapons, instructed him to get out of the automobile although he was scared, and ultimately, Gutierrez pepper sprayed him.
The officers confronted 4 counts: assault, battery, false imprisonment, and unlawful search.
For Daniel Crocker, the jury discovered him solely liable on an unlawful search, no malice. He was ordered to pay $1,000 in punitive damages and the jury didn’t discover him responsible of false imprisonment, assault, or battery.
In August, a federal choose already dominated that Crocker is chargeable for an unlawful search, violating the 4th modification when he searched Nazario’s automobile.
The jury discovered Joe Gutierrez chargeable for assault and should pay $2,685 in damages, no malice. He was cleared of all false imprisonment, unlawful search, and battery expenses.
“He was shocked, everyone was shocked, the nation was shocked,” Roberts stated.
