Page 76 | Pacific Sun | Marin County, California

Back in Blue: Fired Cop Standing Trial on Felony Charges Reinstated

Jan 13, 2025

Back in Blue: Fired Cop Standing Trial on Felony Charges Reinstated

Updated from Jan. 8, 2025. Part one of a two-part article.

A San Rafael police officer, Brandon Nail, fired in 2023 for violating department policies, won an arbitration proceeding that reversed his termination.

On Dec. 16, arbitrator Daniel Saling issued his ruling, stating the San Rafael Police Department must reinstate Nail to his position as a police officer. Nail will also receive back pay plus 8% interest for the termination period, which spanned almost 20 months. Any amount earned by Nail during that time will reduce the amount the city must pay him.

The city defended its position during the arbitration that it had just cause to terminate Nail, but Saling’s ruling went against San Rafael on almost every point. The decision is binding, and the city cannot appeal.

“While officers need to be supervised, they do not need to be second-guessed,” Saling wrote in his decision.

Criminal Charges

Still, residents won’t see Nail back on patrol just yet. In October, a state agency temporarily suspended Nail’s certification to work as a police officer.

The certification suspension was based on Nail’s “criminal proceedings pending—physical abuse/excessive or unreasonable use of force,” according to the California Commission on Peace Officer Standards and Training.

Nail’s felony charges for assault and lying on a police report stemmed from a July 2022 use of force incident that occurred when he and another officer approached three men on the street for public drinking. Video evidence and hearing testimony indicate that Nail punched one of the men, Julio Jimenez Lopez, in the face and used a maneuver to take him to the ground, leaving him bloodied and injured.

This use of force, caught on police body-worn cameras, enraged the public. During protests, marches and lengthy city council meetings, residents demanded the termination and criminal prosecution of Nail and then-officer Daisy Mazariegos.

Both were terminated, and Marin County District Attorney Lori Frugoli filed felony charges against them. Mazariegos’ charges were subsequently dismissed by a judge, although she could not appeal her termination, as she was still on her probationary period.

Arbitrator’s Reasoning

An independent investigation commissioned by San Rafael determined Nail did not use excessive force against Jimenez Lopez. But Spiller based Nail’s termination on other department policy violations, including unacceptable behavior, unsatisfactory work performance, negligence of duty and using profanity while on duty.

Saling discounted the city’s claims of misconduct by Nail. In his decision, the arbitrator from Orange County stated the police department fired Nail “to appease the demand of the community protesters.” When Nail yelled at Jimenez Lopez to “Sit the fuck down,” it was an attempt at de-escalation, according to Saling. Additionally, he deemed Nail’s termination unjust because the officer had no previous discipline record.

“For most offenses, the Department should use one or more warnings before suspensions, and suspensions before discharge,” Saling wrote. “In this case, the Department did not attempt to correct the Appellant’s alleged misconduct…”

Unwelcome Return

Public reaction to Nail’s reinstatement mirrors the anger displayed when news of the Jimenez Lopez beating first emerged. At a meeting of San Rafael’s Police Accountability and Advisory Committee on Jan. 11, community members expressed their dismay.

Nevertheless, Nail was well within his rights to appeal. A memorandum of understanding between the City of San Rafael and the San Rafael Police Association gives terminated employees the right to submit a grievance to the city manager and initiate the arbitration process.

San Rafael Police Chief David Spiller spoke with the Pacific Sun in March about employment arbitration while Nail’s appeal was underway.

“It’s a super awkward position for the city,” Spiller said. “An arbitrator can make a decision for the [terminated] employee to return.”

At the time, Spiller didn’t want to comment on how he would feel if the arbitrator cleared the way for Nail’s reinstatement to the department.

“I terminated Brandon Nail, so I’ll leave it at that,” he said.

Apparently, the City of San Rafael is not welcoming Nail back with open arms, instead trying to distance itself from the arbitrator’s decision.

“The Nail incident has been profoundly difficult for our entire city—impacting the community, the police department, and the organization,” city manager Cristine Alilovich said in an emailed statement. “While the City will respect and abide by the decision of the State arbitrator, the incident is not reflective of the values of our organization.”

Others familiar with Nail’s criminal case also object to Nail returning to the police force under these conditions. Attorney Theo Emison, who is representing Jimenez Lopez in a civil lawsuit against San Rafael, has strong words of indictment for the law enforcement system that allowed Nail to return to his job.

“In what other industry would an employee who is facing criminal felony assault charges and who was fired from their job by their supervisor, based on findings their conduct violated department rules and protocols and brought shame to the department, have a right to request a private and confidential arbitration conducted in a star chamber by a single non-court appointed arbitrator to challenge their supervisor’s decision to fire them?” Emison asked.

“Only police enjoy these excessive rights and privileges. These officers must feel untouchable and above the law. The community of San Rafael is not safer or better with Officer Nail back on the streets,” he continued.

Whether or not Nail will return to performing his duties as a San Rafael police officer depends on the outcome of the criminal trial. Until then, he remains on paid leave.

However, attorney Julia Fox, who is representing Nail in the criminal trial, believes that DA Frugoli and prosecutor Geoff Iida should consider dropping the case in light of the arbitrator’s decision.

“I have faith in both Ms. Frugoli and Mr. Iida giving this case a thoughtful review, given the posture in which we now all find ourselves: Wrongdoing by Officer Nail could not be proven in an administrative forum with a dramatically lower burden of proof than beyond a reasonable doubt,” Fox said.

Nail’s next court date on his felony charges is Jan. 22 in Marin County Superior Court.

Arbitration Decision: Brandon Nail v City of San Rafael

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Immersive Experiences: Students Learn Life Lessons

Nikki Silverstein

Jan 7, 2025

Immersive Experiences: Students Learn Life Lessons

Apprentice at a funeral home or a farm animal rescue? When presented with these two options, Marin Oaks High School senior Karina Hernandez struggled with the decision.

Working at the nonprofit animal sanctuary sounded fun and rewarding to Hernandez, 17, who loves animals. Yet she chose the funeral home. With ambitions to own a small business, she thought an apprenticeship at Valley Memorial Park Funeral Home in Novato could benefit her more in the future.

“I expected to do paperwork or help the receptionist, but I ended up helping at a funeral service in Marin City on my first day,” Hernandez said.

Under funeral director Sharon Brusman’s mentorship, Hernandez also became familiar with embalming, cremation and burials, as well as the business of operating a funeral home. More importantly, she learned life lessons.

“Death comes for everyone,” Hernandez said. “You see all the different causes of death. It doesn’t have an age limit. It doesn’t have any preferences. We had people come in of different ages, ethnicities, religions—all kinds of people…It was sad to see how hurt [mourners] are and how people grieve differently.”

The experience at Valley Memorial Park Funeral Home changed her perspective and daily behavior. Today, Hernandez says she is more sympathetic and open-minded.

“I don’t get so mad over small, little things, ’cause you never know,” she said.

A partnership between the nonprofit Magnolia Project in Santa Rosa and Marin Oaks High School in Novato gave Hernandez the opportunity to work at the funeral home. However, that experience is only part of the semester-long apprenticeship pathway program created by the Magnolia Project for 11th and 12th graders.

The program takes place during the school day, initially in the classroom. Students engage in an extensive curriculum where they “identify their strengths, set goals and learn workplace readiness skills,” according to the Magnolia Project. Then, they consider what sparks their interest and decide where they want to apprentice.

During the apprenticeship, students work with a mentor at a local business full-time for one to two weeks. Although they pause their classroom attendance, the teens earn school credit for program participation. The immersive experience equips students with skills for the workplace and beyond. It also helps them gain confidence.

After completing the Magnolia Project classroom prep and apprenticeship, students work on a plan for their “meaningful next phase,” said Gia Biaggi, founder and director of the Magnolia Project. Sharing their plans with school faculty and family brings trusted people together to support the student in achieving their goals.

Founded in 2021, the Magnolia Project has grown substantially over the past three years. Beginning with a few children at one Sonoma County school, today it serves 400 students at 14 schools in Marin and Sonoma counties, demonstrating the need for the program.

“It was difficult at first to get schools to participate, and now we cannot meet the demand,” said Biaggi. “We have schools asking for these types of programs because dedicated teachers and principals understand that hands-on learning experiences are hugely beneficial for all students—from your straight A student to a kid who does not love school.”

Biaggi, 29, grew up in Sonoma County, where she attended public school. After college, she taught abroad and at what she called a “forward-thinking” school in Southern California for a few years. Then, she decided to bring what she learned back home. The Magnolia Project was born, with Biaggi ensuring that its progressive programs were combined with context for the North Bay.

“I always felt like my secondary education could have been a little jazzier,” Biaggi said. “Although I was a good student, I had to force myself. Sitting all day and memorizing only works for a small percentage of kids. I wanted to make school in the North Bay more engaging, more hands-on, more connected to the community.”

The apprenticeship program allows students to figure out their post-secondary school path, as they get to know themselves and understand their likes and dislikes. That, Biaggi says, is how they will make good, economically empowered choices about whether to attend college, take a gap year, enter the military or join the workforce.

In just three years, the Magnolia Project is already achieving its lofty goals. School administrators and local business partners sing the program’s praises.

“It’s our second year with the Magnolia Project, and it has provided an incredible experience for our students,” said Marin Oaks High School principal Kessa Early, EdD. “The program gives our students a taste of the real world and professionalism. And it helps them build relationships inside the community—that’s important.”

Early explained that Marin Oaks is a small continuation high school for students who are mostly minorities and marginalized, often off-track for graduation. The school maintains a high teacher to student ratio to provide additional support. Enrichment classes and programs like the Magnolia Project are invaluable, according to Early.

Last semester, 22 students from Marin Oaks participated in the Magnolia Project’s apprenticeship pathway at 14 local businesses, nonprofits and government agencies, including H&J Tire in Novato; Novato Fire and Police; Rancho Compasión, a farm animal sanctuary in Nicasio; Mitchell Thomas Salon in downtown Novato; and Valley Memorial Park Funeral Home in Novato.

Brusman, funeral director at Valley Memorial, has mentored two apprentices. Personally, she enjoys the mentor role and helping students sort out what will work best for them.

“I am so impressed with everyone that I’ve worked with from the Magnolia Project,” said Brusman. “Not just by our interns, but also their families. The parents are so supportive of their children coming into this environment, which is not your typical, everyday environment—even for an adult.”

Bladimir Morales, a senior, and Alan Mejia, a junior, both students from Marin Oaks, just finished their apprenticeships at H&J Tire. The young men were interested in automotive repair before they worked for two weeks at the tire store, but now they know it is the career path that they will follow.

Still, Morales and Mejia said that the work can be difficult sometimes. The tires were heavier than they expected. Although they made a few mistakes, they said they quickly learned from the errors.

“I want to share that they already offered me a job,” Morales said. “This is something that I really enjoy.”

That’s a bit down the road for Morales, who plans on attending auto mechanic classes at College of Marin after he graduates. Ditto for Mejia.

In the meantime, Hernandez, who apprenticed at the funeral home, starts at College of Marin later this month. She’s still deciding on her major.

All three students highly recommend the Magnolia Project, saying that their experiences were very positive.

“I say you should do it,” Mejia said.

And there’s no greater testament than that.