Citing a ‘miscarriage of justice,’ Nazario’s lawyers filed a motion requesting a new trial.

“He was shocked, everyone was shocked, the country was shocked,” said Tom Roberts, who represents Nazario.

WINDSOR, Va. — Filed by the attorney representing Lt. Caron Nazario a request for a new trial on Friday, after. a jury verdict earlier this week which earned Nazario less than $4,000 in the lawsuit he was seeking for more than $1 million.

In an interview with Richmond station WWBT on Friday, Nazario’s lawyer, Tom Roberts, said that a new trial is important to show how the court is used.

“We’ve seen enough violence, and the public needs to know that the system will work,” said Roberts. “This is very important, and it’s setting a new precedent.”

In the interview, Roberts said that he felt the need for a new trial because the jury failed to find one of the police officers, Joseph Gutierrez, who Nazario was arrested without finding the policeman who had beaten and falsely imprisoned him.

“In this case, with the attack found by the jury, it causes the right for him to have that reasonable objection to say ‘I’m afraid to get out of the car and sit in his car, ‘” said Roberts. “Therefore, everything they did after that time included the stone and the attack.”

Roberts, a psychiatrist who testified for police, also said he did not believe Nazario was mentally ill because of the traffic stop. .

He said the experts added their own criteria to determine PTSD, anxiety, and post-traumatic stress disorder.

“This is false testimony, and the verdict is based on that, and it should be set aside, and a new trial granted because of that,” Roberts said.

The officers stopped Nazario for a missing rear license plate in 2020. In the police video, they pulled out their guns, and asked him to get out of the car. even though he was scared, and later, Gutierrez paper sprayed him.

Police faced four charges: assault, battery, false imprisonment, and illegal search.

For Daniel Crocker, the jury found only a criminal finding, no damages. He was ordered to pay $1,000 in damages, and the jury did not find him guilty of false imprisonment, assault, or harassment.

In August, a federal judge ruled that Crocker was charged with illegal surveillance, and that he violated the 4th amendment when he searched Nazario’s car.

The jury found Joe Gutierrez guilty of assault and must pay $2,685 in damages, without prejudice. He was cleared of all false imprisonment, criminal investigation, and battery charges.

“He was shocked, everyone was shocked, the country was shocked,” Roberts said.

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