.DA accepts judge’s decision to drop case against ex-cop

A Marin County Superior Court judge dismissed the remaining charge against a former San Rafael police officer accused of assaulting a local gardener.

The ruling last week by Judge Kevin Murphy ended the criminal case against Daisy Mazariegos, who faced a felony charge of assault by an officer under color of authority. That charge carried a sentencing enhancement for causing great bodily injury to the victim, Julio Jimenez Lopez, in 2022.

Murphy denied a motion to dismiss two felony charges against co-defendant and former officer Brandon Nail for the same incident.

The Marin County District Attorney’s Office could appeal Murphy’s decision to drop Mazariegos from the case. It also has the option of taking a second bite at the apple and filing charges against her again. However, the DA will do neither.

“Although the Marin County DA’s Office believes both former officers are culpable for crimes that led to the serious injuries suffered by Mr. Lopez, we respect and accept Judge Murphy’s ruling,” prosecutor Geoff Iida said in an email. “We now will focus on making our case in court to hold defendant Nail accountable for his unlawful actions.”

Surprising Decision

The decision surprised many who have followed the proceedings against Nail and Mazariegos. Last year, Judge Beth Jordan presided over the defendants’ preliminary hearing and found probable cause for them to stand trial.

Yet, Jordan’s ruling in December dismissed a felony count against Mazariegos for allegedly making false statements on a police report, leaving only the assault charge with a sentencing enhancement. Murphy’s decision last week threw out that remaining charge.

Exactly what happened to allow Mazariegos to walk away from two felony charges stemming from stopping three men suspected of drinking on the sidewalk in the Canal area of San Rafael? After all, the then-officers’ body-worn cameras captured the beating of one of the men, Jimenez Lopez, who ended up face down on the street, laying in a pool of his own blood.

First, Jordan believed Mazariegos’ preliminary hearing testimony on why her police report differed significantly from what can be seen in the police videos. The ex-cop testified that she wrote what Nail had told her, but failed to attribute the words to him. Out went the charge for falsifying a police report.

Then, in April, Mazariegos’ and Nail’s defense attorneys each filed what is known as a “995 motion.” Essentially, in separate motions, they appealed Jordan’s decision to order the defendants to trial, asking Murphy, the trial court judge, to dismiss all charges against their clients.

These motions rarely succeed, according to attorney Julia Fox, who represents Nail. She estimates that dismissals from 995 motions occur about 15% of the time because preliminary hearings have a very low standard.

A preliminary hearing judge needs only to find probable cause—a reasonable belief that defendants committed a crime—to send them to trial. At a criminal trial, the standard increases significantly, requiring a prosecutor to prove charges beyond a reasonable doubt.

Still, the 995 motion filed by Mazariegos’ attorney, Alison Berry Wilkinson, did succeed. The straightforward argument presented by the attorney convinced the judge.

Wilkinson’s strategy separated Mazariegos’ actions from Nail’s. Video evidence, she said, showed her client attempted to handcuff Jimenez Lopez with minimal force. It was Nail who employed a leg sweep maneuver to bring Jimenez Lopez to the ground and then punched him in the face, according to Wilkinson.

“You have to look at Daisy individually, as opposed to in combination with Brandon Nail,” Wilkinson said in an interview. “Based on what she individually did, it doesn’t meet the basic elements of the [assault] charge.”

Wilkinson’s motion cited case law in support of her position. Additionally, Murphy reviewed the preliminary hearing transcript and exhibits, which included the police videos. The tide then turned for Mazariegos.

“The video is very clear on what Daisy did,” Wilkinson said. “The judge found that she had nothing to do with the leg sweep. She had nothing to do with the punch. And the techniques she used to put handcuffs on him, which she was lawfully entitled to do, were reasonable, not excessive. Judge Murphy said there’s no basis to hold her accountable.”

Indeed, Murphy’s order states, “There is a difference between the two defendants and their actions.”

Brandon Nail will continue to trial as the solo defendant, with the date still to be determined.

Ruling Response 

Reactions to Murphy’s rulings run the gamut.

“I am disappointed that Brandon’s motion was not also granted,” Fox said. “I have tremendous respect for Judge Murphy. That remains unchanged.”

Mazariegos feels relieved and grateful, according to Wilkinson. And the attorney said that she is happy for her client, who has a family, including two toddlers.

Many community members do not share these sentiments. In fact, after Jimenez Lopez’s attorney, Charles Dresow, released the police videos to the media almost three months after the beating, public protests erupted.

The incident occurred on June 27, 2022. Mazariegos, on patrol in the Canal area, came upon Jimenez Lopez standing near his truck, while his two friends sat on the sidewalk with beer. She called for backup and ordered the men to sit down and produce their identification. Jimenez Lopez stood to retrieve his ID.

Nail arrived as backup and told him to “Sit the fuck down,” the video evidence shows. Jimenez Lopez complied and then stood up again, appearing to want to explain something. That resulted in the officers trying to handcuff him. Within three seconds, Nail used the leg sweep maneuver, followed by the closed-fist punch to Jimenez Lopez’s nose.

Police arrested Jimenez Lopez, and the DA filed a variety of felony and misdemeanor charges against him. The DA dismissed all charges after reviewing the body-worn camera footage.

Once the public saw the videos, people demanded that San Rafael Police Chief David Spiller fire Nail and Mazariegos and that the DA file charges against the officers. They implored the city to initiate an independent investigation. Months after the use of force against Jimenez Lopez, those demands were met. 

“These officers were still on duty, Dresow said. “It was only after the videos justifiably caused outrage in the community that the city did the right thing.”

For those community members disappointed by last week’s ruling to dismiss Mazariegos from the criminal case, they may be interested to know that Jimenez Lopez filed a civil rights lawsuit against her, Nail and the city.

Attorney Anthony Label, who represents Julio Jimenez Lopez in the civil lawsuit, said that he disagrees with Murphy’s ruling, although he appreciates the judge’s thorough and reasoned analysis. But Label has no plans on releasing Mazariegos from the civil litigation.

“The burden of proof in a criminal case is very different than in a civil case,” Label said. “This ruling does not affect Julio’s civil rights lawsuit.”

In this regard, Mazariegos may still be held liable for her actions.