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On Friday, September 2, 2022, two police officers from San Rafael were placed on paid administrative leave after body-camera footage revealed that they had taken a man to the ground and left him bloodied over a confrontation regarding an open container violation.
The incident reportedly took place on July 27, 2022, after officers Daisy Mazariegos and Brandon Nail spotted a man with an open beer container on Windward Way.
Disclaimer: The following video depicts violence, and could be disturbing for some audiences. Viewer discretion is advised.
Following public outcry about the violent arrest, an investigation has now been launched into the conduct of the two officers involved in the incident. The victim has been cleared of all charges.
An in-depth look into the inhumane conduct by San Rafael police officers
On July 27, San Rafael Police Officer Daisy Mazariegos confronted three men who were drinking on Windward Way. The men included a popular Marin County gardener, who tried explaining that he and his friends regularly gathered in the neighborhood to drink beer and catch up after work.
In response, officer Mazariegos asked them to put their beer down, before adding:
"You're just out here drinking, you think it's funny?"
She then asked all three of the men to produce valid IDs.
Shortly after, officer Brandon Nail arrived at the scene. When the gardener stood up to reach into his pocket and take out his ID, officer Nail ordered him to sit down. Despite trying to cooperate, the gardener was forced to stand up to reach for his ID, which is when officer Nail seized him and tossed him to the ground, leaving him with a bloodied face.
Later, while describing the incident to a fellow police officer, Nail alleged that the victim tried to put him in a headlock.
Speaking of the incident, Charlie Dresow, the victim's attorney, said:
"They just grabbed the guy, punched him, ground his face into the gravel, it's not right. His face ends up bloodied, and he suffered a broken nose and concussion."
The victim was taken to a local hospital and later charged with felony resisting arrest. However, those accusations have been dismissed, and now attention is being focused on the conduct of those San Rafael police officers.
While talking about the conduct of the officers involved in the incident, Dresow said:
"In the criminal justice system, either everyone matters or no one matters, and the police officers in this case treated him like he didn't matter."
He further added:
"It's insulting to the human dignity of my client. It shows the sort of level of institutional arrogance with the two police officers."
A representative for the victim and specialists in the vicinity told ABC7 affiliate KGO in San Francisco that the incident shouldn't have happened. They asserted that those policemen overreached in their use of force and that at least one of them embellished the truth in his official account of the incident.
San Rafael Police Lt. Scott Eberle said that the conduct of the officers was not reflective of his department. On Friday, September 2, the accused officers were paid on administrative leave.
Marin County Supervisor Damon Connolly said:
"I think that's an appropriate step. Trust is is foundational, and you've got to have it with the communities you're seeking to serve. Otherwise, folks are going to be hesitant to engage with law enforcement and then report crimes. And that's just not good for any of us."
Mazariegos and Nail are not the only department employees under scrutiny, according to San Rafael Police Chief David Spiller. While assuring a thorough inquiry into the matter, he added that anyone found to have "acted outside our norms of conduct will be held accountable and reprimanded as appropriate."
Both San Rafael officers involved in the incident are currently on leave. At the time of writing this article, there was no information about the duration of the leave.
