The San Rafael Police Department has released an administrative investigation into a brutal use of force which occurred in the summer of 2022 that sparked lawsuits and claimed the jobs of the officers involved.
Julio Lopez was assaulted by an officer on July 27, 2022 for having an open container of beer, leaving him with a bloody face.
The San Rafael City Attorney’s Office had fought to keep the investigation into the Lopez altercation from being released publicly, arguing that it was a personnel matter and therefore protected. A lawsuit was filed by the Marin Independent Journal to force the department to release the report. The Marin County Superior Court determined that since the Lopez case constituted great bodily injury, the release of the report was lawful, according to police spokesperson Lt. Scott Eberle.
Lopez’s encounter was captured on a police body-worn camera.
On the video, Lopez, a gardener at the time in Sausalito, could be seen on an industrial side street in the Canal District of San Rafael sitting on the curb with two of his friends. They were drinking beer.
Officer Daisy Mazariegos asked the men what they were doing, and they responded, “nothing.”
Mazariegos pointed out the open containers of beer and asked to see one man’s identification.
At that point, Officer Brandon Nail arrived. As the man stood up, seemingly to get his ID from his pants, Nail can be heard yelling, “Hey, sit the f— down!”
Mazariegos again asked to see the man’s ID, but he said he couldn’t get it unless he stood up. As he did so, Mazariegos told him to sit down and then Nail forced him to the ground, punched him in the nose and pushed his face into the asphalt.
As the man was taken to the squad car, his face bright red with blood, he could be heard saying “I didn’t do anything.”
“I want to assure all members of the San Rafael community that not only is this incident being critically examined, but we will examine our behaviors, including that of our leadership, and for those department members that have fallen short, they will be held accountable.” San Rafael Police Chief David Spiller
Both Nail and Mazariegos were charged in June by the Marin County District Attorney’s Office with assault by an officer under color of authority and making false statements on a crime report. They were also fired.
Lopez himself filed a federal civil rights suit in July.
San Rafael Police Chief David Spiller released an open letter to the community after the altercation, for which he took full responsibility, saying that his department was conducting an investigation into it.
“I am both personally and professionally concerned about this incident and how it impacts the trust our department has worked hard to build in this community,” reads the letter. “I want to assure all members of the San Rafael community that not only is this incident being critically examined, but we will examine our behaviors, including that of our leadership, and for those department members that have fallen short, they will be held accountable.”
Released on Thursday were all the investigative materials in the case, including interviews with Lopez in Spanish and the officers involved, as well as other administrative findings. The report also includes Nail and Mazariegos’ letters of termination, original police reports, Lopez’ medical records, and the formerly confidential internal investigations into the officers involved.
The entire report can be viewed here.
