Marin County District Attorney Lori Frugoli today filed criminal charges against two former San Rafael police officers who beat and bloodied a man during questioning over an open container of beer.
Brandon Nail and Daisy Mazariegos were charged with two felonies, including assault under color of authority and making false statements in a crime report. The DA’s criminal complaint states that each officer “personally inflicted great bodily injury” on the victim.
“After a thorough review of the evidence, which included body-worn camera footage, eyewitness accounts, medical records and reports from the San Rafael Police Department, my office has concluded that there is sufficient evidence to prove these charges plus beyond any reasonable doubt.” Frugoli said in a statement.
Nail left the San Rafael Police Department on Wednesday, while Mazariegos, who was still on probation, parted ways with the department on May 15, about two weeks after the conclusion of an independent investigation into the ‘use of force incident. The police have remained mum on the reasons for the departures of the former officers.
“I am prohibited from commenting due to confidentiality laws involving police administration investigations and the police officer’s bill of rights,” said San Rafael Police Sgt. Justin Graham said.
The use of force incident took place on July 27, after Mazariegos approached three Latino men who had open beer containers on Camí de Barlovento in the Canal de San Rafael neighborhood. Under Mazariegos’ direction, the men sat on the sidewalk while she interrogated them. Nail arrived on the scene minutes later.
Officers violently assaulted Julio Jiménez López, previously referred to by the media as “Mateo,” after he stood up to retrieve his identification. Jiménez Lopez suffered injuries including a broken nose, a torn labrum in his shoulder and a concussion.
Ironically, Jimenez Lopez was arrested and faced felony charges, obstructing and resisting an officer, and three misdemeanors, including assault on an officer. Mazariegos and Nail filed police reports indicating that Jimenez Lopez placed Nail in a lock. Nail also asserted that Jiménez López hit him in the head.
The reports appeared to be inconsistent with the body camera videos, and the prosecutor dropped the charges against Jimenez Lopez after reviewing the footage.
Charles Dresow, the criminal defense attorney who represented Jimenez Lopez, asked that Frugoli investigate the incident. On September 7, Frugoli issued a statement that he would review the officers’ conduct.
Despite the body camera videos and other evidence, it took Frugoli 10 months to review the case and press charges. The public has been critical of the DA for not acting decisively within a reasonable period of time.
“District Attorney Frugoli made the right decision,” Dresow told the Pacific Sun. “It’s an important step in restoring confidence in the criminal justice system.”
Mazariegos and Nail are scheduled to appear in Marin County Superior Court on Aug. 11 to face the charges. If convicted, they must give up all firearms, according to the DA’s criminal complaint.
“The people who abused my client and falsely arrested him are thugs who are not fit to wear the badge,” Dresow said.
