Marin County District Attorney Lori Frugoli filed criminal charges today against two former San Rafael police officers who beat and bloodied a man during questioning about an open container of beer.
Brandon Nail and Daisy Mazariegos were both 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” upon the victim.
View the police reports with alleged false statements here.
View the DA’s criminal complaint against Mazariegos and Nail here.
“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 there is sufficient evidence to prove these charges beyond a reasonable doubt,” Frugoli said in a statement.
Nail left the employment of the San Rafael Police Department on Wednesday, while Mazariegos, who was still on her probationary period, separated from 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 behind the departures of the former officers.
“I’m prohibited from commenting because of confidentiality laws involving police administration investigations and the police officer bill of rights,” San Rafael Police Sgt. Justin Graham said.
The use of force incident took place on July 27, after Mazariegos approached three Latinx men who had open containers of beer on Windward Way in the Canal neighborhood of San Rafael. Under direction from Mazariegos, the men sat on the sidewalk while she questioned them. Nail arrived at the scene minutes later.
The officers violently assaulted Julio Jimenez Lopez, who the media has previously referred to as “Mateo,” after he stood to retrieve his identification. Jimenez Lopez suffered injuries including a broken nose, a torn labrum in his shoulder and a concussion.
Ironically, Jimenez Lopez was arrested and faced charges of a felony, obstructing and resisting an officer, and three misdemeanors, including battery on an officer. Mazariegos and Nail both filed police reports stating that Jimenez Lopez placed Nail in a headlock. Nail also asserted that Jimenez Lopez struck him in the head.
The reports appeared inconsistent with the police body cam videos, and the DA dropped the charges against Jimenez Lopez after reviewing the footage.
Charles Dresow, the criminal defense attorney who represented Jimenez Lopez, requested that Frugoli investigate the incident. On Sept. 7, Frugoli issued a statement that she would review the officers’ conduct.
Despite the body cam videos and other evidence, Frugoli took 10 months to review the case and file charges. The public has been critical of the DA for failing to act decisively in a reasonable amount of time.
“District Attorney Frugoli made the right decision,” Dresow told the Pacific Sun. “It’s an important step in rebuilding trust in the criminal justice system.”
Mazariegos and Nail are scheduled to appear in Marin County Superior Court on August 11 to face the charges. If convicted, they will be required to relinquish all firearms, according to the DA’s criminal complaint.
“The individuals who battered my client and falsely arrested him are bullies not fit to wear the badge,” Dresow said.
Will Mateo be deported now?
Why do you assume he’s undocumented? Racist much?
Will you?
Thank you again for stellar reporting Ms. Silverstein! Such a horrible, horrible incident of police running amok. It’s gone on for decades out of the public eye, but now there’s body cameras. Many people in the Canal and elsewhere live in small crowded apts. and have no choice but to take their refreshments outside to mingle with friends and neighbors after work. They even took Matteo into an alleyway to be out of public view so they could brutalize him. I have no doubt the charges against these sadists would never have come about were it not for the public demanding Justice. Justice for Matteo!
Lying pigs.
Thank you Nicki Silverstein for the best journalism in Marin County.
Thank you for continuing to shine a light on the injustices faced by people of color in Marin – absolutely fantastic coverage and reporting!
Multiculturalism is needed with this community.
I hope Mateo sues and gets enough money to not worry anymore. I wish him healing in body and soul. I’m relieved to see prosecution of malicious police officers, and hope they can never hurt anyone again.