Almost 11 months have passed since the unprovoked use of force by two San Rafael police officers landed a Latinx gardener in the hospital with severe bodily injuries.
The July 27 incident, caught on the officers’ own body-worn cameras, consisted of a series of aggressive maneuvers to take down Julio Jimenez Lopez during questioning about an open container of beer. One of those moves involved Officer Brandon Nail punching Jimenez Lopez in the face.
During the violent takedown, which was aided by then-officer Daisy Mazariegos, Jimenez Lopez, 37, suffered a broken nose, a torn labrum in his shoulder that required surgery, a knee injury and a concussion. I know this because I saw Jimenez Lopez’ hospital records from the day of his beating and later medical reports detailing his shoulder surgery.
The public, outraged by the unnecessary brutal force shown in the videos, has demanded information about the incident and the independent investigation commissioned by the City of San Rafael. Senate Bill 1421, passed in 2018, says the public has the right to know.
Yet, as I reported last week, city attorney Rob Epstein refuses to release the investigative report and other documents, even after he repeatedly promised to do so. In May and June, Epstein sent a total of three letters to Jimenez Lopez’ civil attorney, Theo Emison, confirming that the city would produce the documents in response to a public records request. Then Epstein changed his mind.
I got bupkis when I asked Epstein for an interview and sent him questions via email late last week. Although Epstein responded, he ignored my interview request and didn’t answer any questions. Mostly, I just wanted to understand why he is protecting the officers, rather than providing the transparency the city keeps saying it wants to provide.
I also contacted David Loy, the legal director for the First Amendment Coalition, a press freedom advocacy group, to ask him for insight into what the heck Epstein is doing. Of course, Loy can’t read Epstein’s mind; however, he did explain the legislation that it appears the city attorney chooses not to understand.
“Historically, these records would have been secret—until the passage of SB 1421,” Loy said. “The key part of the statute requires disclosure of any and all records relating to any incident in which an officer’s use of force results in great bodily injury to any person. And those records must be disclosed, regardless of whether that force is being legally justified or not.”
On June 12, in a fourth letter, Epstein opined to Emison that he won’t release the records because the officers have threatened legal action against the city. Loy seemed unimpressed with using that as a justification to withhold the documents.
“Any lawsuit by the officers for disclosing the records, of course, would be transparently meritless,” Loy said. “In effect, he [Epstein] is privileging secrecy over disclosure, privileging police officers over the public. It’s not even a close call. The public has a right to this record, and police officers should not get special privileges.”
Epstein has also continually questioned whether Jimenez Lopez’s injuries are considered “great bodily injury.” In a May 19 letter, Epstein blamed this issue on Jimenez Lopez declining to be interviewed by the city’s independent investigator. Does Epstein truly believe that an interrogation of Jimenez Lopez by the city’s hired investigator, a former cop, would have revealed more information about injuries than the medical records which had already been provided?
Loy has no doubt that Jimenez Lopez suffered great bodily injury during the incident.
“There’s abundant case law which says things like abrasions, lacerations, bruising, broken bones and injury requiring surgery all qualify as great bodily injury,” Loy said. “…And I read this city attorney’s letter, and I think his argument is, quite frankly, just transparently ridiculous.”
Literally adding insult to injury, the San Rafael Police Department only seems to provide important details when cornered. Case in point, I reported last week that I was tipped off that Mazariegos, who was still on her probationary period as a new employee, concluded her employment with the department on May 15. The police confirmed when I inquired, but why didn’t they issue a statement about Mazariegos’ departure to the public, which has been demanding the ouster of the two officers for months?
Nail remains on paid administrative leave. Based on my conversation with Chief David Spiller last week, it seems that he’s made a determination about what, if any, discipline will be meted out for Nail.
“I’ve reviewed the case, and I have acted in the best interest of the organization and the community,” Spiller said.
Although I’m speculating, since Nail isn’t back to performing his duties, he may be appealing Spiller’s decision. Under California’s Public Safety Officers Procedural Bill of Rights Act, Nail has the right to an administrative appeal.
When I pressed Spiller for specifics, he declined to elaborate on what consequences Nail may face. However, Spiller gave his thoughts about the content of the body cam videos, including the behavior of officers who arrived after the beating. I asked him about the joking taking place while Jimenez Lopez, still bleeding, spent 50 minutes in the back of a police car before being transported to the hospital.
“I wanted to go into reviewing the investigation without demonstrating any inclination of my intent, but now that I’ve done what I needed to do, I can say that I didn’t like what I saw in the video,” Spiller said. “It made me angry. And I know people don’t like this saying, but ‘It’s not representative of who we are.’”
It’s satisfying to hear Spiller’s admission of feeling anger, yet it doesn’t negate that the SRPD and the city have mastered lack of transparency—they have it down to a science. The methods used in this case include avoidance, remaining silent, excuses, victim blaming and delaying.
The public may not have known about this case at all if Nail and Mazariegos hadn’t arrested Jimenez Lopez and lied in police reports.
Jimenez Lopez put Nail into a headlock and struck him several times in his head, the police reports said. Those allegations become patently absurd when considering that Jimenez Lopez stands 5 feet tall and weighs 130 pounds, while Nail is 6 feet two inches and 250 pounds. A kindergartner could have told Mazariegos and Nail that they were going to be in big trouble when somebody reviewed the body cam videos.
The assertions by the police resulted in the Marin County District Attorney’s Office filing felony and misdemeanor charges against Jimenez Lopez on August 2, just six days after his arrest. Jimenez Lopez was then forced to engage a criminal defense attorney.
About a month later, the DA dropped the charges after viewing the videos, which is when the defense attorney released them to the media, setting off a firestorm of protests and demands for justice.
Only then did city officials acknowledge the serious police use of force incident—five weeks after it happened.
Despite the obfuscation by public officials, one crystal clear fact has emerged: Jimenez Lopez’ life has been forever changed.
“Julio continues to experience the physical and mental consequences of being brutalized by police officers sworn to protect the public,” Emison said. “Despite these ongoing issues, Julio returned to work because he has no other source of income to support his family.”
While it took less than a minute for Mazariegos and Nail to inflict lasting harm on Jimenez Lopez, the city and police department have been keeping the public in the dark for almost a year about the incident. Hopefully, Emison’s planned legal action to force the city to release the documents will bring the facts to light.
Bravo once more for Nikki! Thank you for revealing the injustice and hypocrisy of this whole situation under the watch and leadership of these so called “public servants.”
Great article, Nikki! I’m very glad someone is fully invested in exposing the truth and what is really happening behind the scenes in this case and I’m sure many others we don’t even know about.
Thank you so much for your excellent reporting and investigation of this outrageous situation!
Thank you Nikki for investigating and pointing out all the ways in which the stated principle of transparency is not being practiced. Lies and secrecy do not pave the road to justice. The community who is supposed to be protected and served and Julio Jimenez Lopez and his family deserve so much better- no justice no peace.
Excellent reporting Nikki! The public needs to know how much the City of San Rafael has actively blocked transparency and real accountability around the brutalization of Me. Lopez by their police officers. Keep up the excellent work. The community thanks you!!
Once again, Nikki, you demonstrate through FACTS that the words of SRPD Chief Spiller and SR Mayor Kate Colin disguise and distort their actions. This week they were quoted saying they’re working to “improve transparency, communications and accountability” and “…look[ing] to build true” yet as San Rafael leaders they continue to keep information from San Rafael’s residents and workers pushing through the approval of the SRPD Union written and approved Police Advisory and Accountability Committee (PAAC).
PAAC was approved/written by the SRPD Union (and approved by SR city counsel members) because it limits any and ALL proactive mechanisms that would deliver San Rafael residents and workers improved police service outcomes and any possibility to transform existing police culture. A culture that has attempted to cover its practice of discriminating/over policing/traumatizing BIPOC & poor SR community members for decades.
Words do not transform police culture, actions do. What happened to Mr. Lopez on July 27th is an example of the very police culture that must be transformed. Thank you Nikki for putting the facts in print.
“…look[ing] to build trust”
Nowhere else but in Ms. Silverstein’s articles will you read what the city of San Rafael, particularly its PD, does not want you to know. I’ve said it before and I’ll say it again, you are a local treasure.
Nikki you are a true journalist. It’s so satisfying to read the real facts. Our Latino Community is sick of being used and trampled. Imagine the gumption on the SRP setting up a an overnight committee set up by themselves. Ignoring the Peoples Plan is a travesty! Yolanda