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Soldier’s assault suit against officers can proceed to trial

NORFOLK, Va. — A US Army lieutenant who was pepper-sprayed, struck and handcuffed during a traffic stop in Virginia can present his claims of false imprisonment and assault and battery to a jury, a federal judge has ruled.

But the summary judgment Tuesday said federal immunity shield laws the two officers involved from facing Caron Nazario’s claims that they violated the Black and Hispanic soldier’s constitutional protections against excessive force and unreasonable seizure, as well as his right to free speech by allegedly threatening him with arrest if I have complained about their behavior.

US District Judge Roderick C. Young also ruled that the officer who initially pulled Nazario over is liable for illegally searching for a gun in the soldier’s SUV in violation of the US Constitution and Virginia law, leaving the question of damages on that point up to a jury. Nazario had a concealed carry permit.

The December 2020 traffic stop of the uniformed military officer in the small town of Windsor drew national attention and outrage after Nazario sued in April 2021, citing police body camera images and his cellphone video of the encounter. He was never charged with a crime.

Nazario had been driving home in the dark from his duty station when Officer Daniel Crocker radioed that he was attempting to stop a vehicle with no rear license plate and tinted windows, the lawsuit says. Body camera video later showed that a temporary tag was taped to the inside of the rear window.

“It appeared to Lt. Nazario that there was no good location in the immediate vicinity to stop safely. So, for the benefit of the officer’s safety and his own, Lt. Nazario continued slowly down US 460,” the lawsuit says. Nazario drove below the posted speed limit for less than a mile until he reached the well-lit parking lot of a BP gas station, it says.

Crocker said the driver was “eluding police” and he considered it a “high-risk traffic stop,” according to a report cited in the lawsuit. Another officer, Joe Gutierrez, was driving by and joined him.

The lawsuit says both officers escalated the situation by immediately pointing their guns at Nazario and trying to pull him 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.

At one point, Nazario said he was afraid to get out, to which Gutierrez replied: “You should be.”

When Nazario did get out and ask for a supervisor, Gutierrez responded with “knee-strikes” to his legs, knocking him to the ground, where the two officers struck him multiple times and then handcuffed and interrogated him, the lawsuit says.

Officer Gutierrez was later fired for failing to follow department policy during the stop. A special prosecutor concluded late last month that Gutierrez should not be criminally charged under Virginia law, but should be investigated by the US Justice Department for potential civil rights violations.

The federal judge ruled Tuesday that the officers had likely caused Nazario to pull over for an improperly displayed license plate, and to charge him with eluding police as well as obstruction of justice and failure to obey when he refused to exit the vehicle.

The judge also wrote that Nazario’s claims under the US Constitution of unlawful seizure and excessive force present questions about the officers’ conduct that could be put before a jury. But Young threw out the allegations under the federal doctrine of qualified immunity, which balances accountability with the need to shield officials who reasonably perform their jobs.

For example, the judge wrote that there is not a “clearly established right prohibiting the aiming of firearms, the use of threats or the use of OC spray against a suspect who has repeatedly refused to comply with lawful commands to exit a vehicle.”

The allegation that Nazario’s free speech was violated was also tossed under the federal immunity doctrine.

However, Young said Nazario’s claims under state law, false imprisonment and assault and battery, can move forward. The judge wrote that Virginia law “only provides local officials immunity from suits alleging negligence.”

Explaining his summary judgment on Crocker’s search for the gun, Young wrote that “the firearm was not relevant evidence for the crimes of eluding or obstruction of justice.” However, he said Nazario’s claims that Gutierrez knew about the search and failed to intervene could proceed Gutierrez has argued that he knew nothing about the search.

Jessica Ann Swauger, an attorney listed for Gutierrez, did not immediately respond to an email seeking comment.

Jonathan Arthur, one of the attorneys representing Nazario, said the judge’s ruling is a victory even though three of the federal claims were tossed.

“Whether it’s under federal law or whether it’s under state law, the jury is going to speak,” Arthur said. “And we hope that the jury is going to stand up and say that this behavior will not be tolerated.”

Anne C. Lahren, an attorney for Crocker, said the remaining questions are “classic” issues for a jury, rarely decided at this stage in a civil suit. She also noted that the judge found the stop itself and the officers’ ensuing commands to be lawful.

“Lt. Nazario’s own actions gave rise to the unfortunate, but lawful, escalation of force …,” Lahren wrote. “Had Lt. Nazario simply followed the lawful commands of the officers from the outset of the traffic stop, none of this would have been necessary.”

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US

Former Puerto Rico Gov. Wanda Vázquez charged with bribery

San Juan Puerto Rico — Form Puerto Rico Gov. Wanda Vázquez was arrested Thursday on bribery charges related to the financing of her 2020 campaign, the latest hit to an island with a long history of corruption that brought fresh political upheaval to the US territory.

Vázquez is accused of engaging in a bribery scheme from December 2019 through June 2020 — while she was governor — with several people, including a Venezuelan-Italian bank owner, a former FBI agent, a bank president and a political consultant.

“I am innocent. I have not committed any crime,” she told reporters. “I assure you that they have committed a great injustice against me.”

The arrest embarrassed and angered many in Puerto Rico who believe the island’s already shaky image has been further tarnished, leaving a growing number of people who have lost faith in their local officials to wonder whether federal authorities are their only hope to root out entrenched government corruption . Concern over previous corruption cases led to a delay in federal aid for Puerto Rico after Hurricane Maria as the US government implemented more safeguards.

Thursday’s arrest also was a blow to Vázquez’s pro-statehood New Progressive Party, which is pushing to hold a referendum next year in a bid to become the 51st US state.

Vázquez was the second woman to serve as Puerto Rico’s governor and the first former governor to face federal charges. Former Gov. Aníbal Acevedo Vilá of the opposing Popular Democratic Party was charged with campaign finance violations while in office and was found not guilty in 2009. He had been the first Puerto Rico governor to be charged with a crime in recent history.

“For the second time in our history, political power and public office are used to finance an electoral campaign,” said José Luis Dalmau, president of Acevedo’s party. “Using the power of the government to advance political agendas is unacceptable and an affront to democracy in Puerto Rico.”

Vázquez’s consultant, identified as John Blakeman, and the bank president, identified as Frances Díaz, have pleaded guilty to participating in the bribery scheme, according to the US Department of Justice.

In early 2019, the international bank owned by Julio Martín Herrera Velutini was being scrutinized by Puerto Rico’s Office of the Commissioner of Financial Institutions because of transactions authorities believed were suspicious and had not been reported by the bank.

Authorities said Herrera and Mark Rossini, the former FBI agent who provided consulting services to Herrera, allegedly promised to financially support Vázquez’s 2020 campaign for governor in exchange for Vázquez dismissing the commissioner and appointing a new one of Herrera’s choosing.

Authorities said Vázquez accepted the bribery offer and in February 2020 demanded the commissioner’s resignation. She then was accused of appointing a former consultant for Herrera’s bank as the new commissioner in May 2020. After the move, officials said Herrera and Rossini paid more than $300,000 to political consultants to support Vázquez’s campaign.

A flurry of messages exchanged during that time between people involved in the case included a heart emoji attached to the commissioner’s resignation letter and three sealed lips emojis when someone provided Rossi’s name to Vázquez, who requested the name of “the guy from the FBI.” In addition, Herrera texted Rossini about the need for a campaign manager and said he didn’t want “a monkey from Puerto Rico.”

After Vázquez lost the primary to current Gov. Pedro Pierluisi, authorities said Herrera then allegedly sought to bribe Pierluisi to end an audit into his bank with favorable terms. Herrera is accused of using intermediaries from April 2021 to August 2021 to offer a bribe to Pierluisi’s representative, who was actually acting under FBI orders, according to the indictment.

Officials said Herrera then ordered a $25,000 payment to a political action committee in hopes of trying to bribe Pierluisi.

Stephen Muldrow, US Attorney for Puerto Rico, said Pierluisi is not involved in the case.

Vázquez, Herrera and Rossini are each charged with conspiracy, federal bribery programs and honest services wire fraud. If they are found guilty on all counts, they could face up to 20 years in prison, officials said.

Meanwhile, Díaz and Blakeman could face up to five years in prison, officials said.

Muldrow said officials believe Herrera is in the United Kingdom and Rossini in Spain. It wasn’t clear if the US would seek to extradite them.

Juan Rosado-Reynés, a spokesman for Vázquez, told the AP he did not have an immediate comment.

Attorneys for the other suspects charged in the case could not be immediately reached for comment.

In mid-May, Vázquez’s attorney told reporters that he and his client were preparing for possible charges as the former governor at the time denied any wrongdoing: “I can tell the people of Puerto Rico that I have not committed any crime, that I have not engaged in any illegal or incorrect conduct, as I have always said.”

Vázquez was sworn in as governor in August 2019 after former Gov. Ricardo Rosselló stepped down following massive protests. She served until 2021, after losing the primaries of the pro-statehood New Progressive Party to Pierluisi.

In a statement Thursday, Pierluisi said his administration will work with federal authorities to help fight corruption.

“No one is above the law in Puerto Rico,” he said. “Faced with this news that certainly affects and lacerates the confidence of our people, I reiterate that in my administration, we will continue to have a common front with federal authorities against anyone who commits an improper act, no matter where it comes from or who it may implicate.”

Vázquez previously served as the island’s justice secretary and a district attorney for more than 30 years.

She became governor after Puerto Rico’s Supreme Court ruled that the swearing in of Pierluisi — who was secretary of state in 2019 — as governor was unconstitutional. Vázquez at the time said she was not interested in running for office and would only finish the nearly two years left in Rosselló’s term.

Rosselló had resigned after tens of thousands of Puerto Ricans took to the street, angry over corruption, mismanagement of public funds and an obscenity-laced chat in which he and 11 other men including public officials made fun of women, gay people and victims of Hurricane Maria, among others.

Shortly after she was sworn in, Vázquez told the AP that her priorities were to fight corruption, secure federal hurricane recovery funds and help lift Puerto Rico out of a deep economic crisis as the government struggled to emerge from bankruptcy.

During the interview, she told the AP that she had long wanted to be in public service: as a girl, she would stand on her balcony and hold imaginary trials, always finding the supposed defendants guilty.

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