Julio Lopez (2022)
Overview
On July 27, 2022, San Rafael California Police Department officers Brandon Nail and Daisy Mazariegos made contact with Lopez and two other men, who were seated on the curb, drinking beer. The officers told Lopez to remain seated and provide identification. Lopez stood to retrieve his identification, and the officers tackled him.[1] Nail can be seen punching Lopez in the face.[2]
Both officers reported that Lopez attempted to put Nail in a headlock, which was later used to charge Lopez with felony violence against a police officer and felony battery against a police officer.[1] The headlock is not seen in the video.[2]
Nail told another officer that Lopez "had a bad day".[3]
The incident was captured on the officers' body-worn cameras.[1]
Lopez suffered a broken nose, concussion, shoulder injury, and a traumatic brain injury.[2][1]
The charges against Lopez were dropped after the District Attorney watched the officers' body-worn camera video.[1]
On September 2, 2022, the officers were placed on paid administrative leave.[4]
On January 25, 2023, Lopez filed a claim against the officers, alleging assault, battery, negligence, false arrest, false imprisonment, intentional infliction of emotional distress, unreasonable search and seizure, and excessive force by police. Lopez also alleged that the city failed to properly screen, hire, train, supervise, or discipline the officers.[1]
On April 28, 2023, the city completed its investigation.[5]
On May 15, 2023, Mazariegos separated from the department.[6]
On June 28, 2023, Nail separated from the department. Details have not been released.[5]
On June 29, 2023, Nail and Mazariegos were charged with assault by an officer under color of authority and making false statements on a crime report.[7]
On July 24, 2023, Lopez filed a lawsuit against the officers, the department, and the city, claiming the user of excessive force and unreasonable searches and seizures in violation of his Fourth Amendment rights.[8]
On August 12, 2023, the officers were arraigned on charges of assault by an officer under color of authority and making false statements in a crime report. Both officers pleaded not guilty.[5]
In December 2023, the charge against Mazariegos of making false statements was dismissed.[9]
On August 14, 2024, a judge dismissed the assault charge against Mazariegos.[9]
The Marin County District Attorney's Office chose to not refile charges against Mazariegos.[10]
Officers Involved
Public Comments
References
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Alex Gecan, San Rafael hit with claim over bloody police arrest, Marin Independent Journal, 2023-01-31
- ↑ 2.0 2.1 2.2 Dan Noyes, San Rafael police excessive force investigation still ongoing after 7 months; I-Team looks into why, ABC 7 News, 2023-02-25
- ↑ EXCLUSIVE: San Rafael police officers under investigation after bloody takedown, ABC 7 News, 2022-09-01
- ↑ Dan Noyes, San Rafael police officers placed on paid leave after bloody takedown of gardener with open beer, ABC 7 News, 2022-09-22
- ↑ 5.0 5.1 5.2 Adrian Rodriguez, Marin: Former officers arraigned on assault charges in bloody arrest, Marin Independent Journal, 2023-08-11
- ↑ Nikki Silverstein, UPDATED: San Rafael police officer involved in violent beating out of a job, Pacific Sun, 2023-06-12
- ↑ 2 San Rafael police officers involved in 2022 excessive force case receive felony charges, DA says, ABC 7, 2023-06-30
- ↑ Dan Noyes, Marin Co. gardener files federal lawsuit over beating by San Rafael police due to open beer, ABC 7, 2023-07-24
- ↑ 9.0 9.1 Ida Mojadad, Former San Rafael police officer cleared of charges stemming from arrest of day laborer, San Francisco Chronicle, 2024-08-15
- ↑ Nikki Silverstein, DA accepts judge’s decision to drop case against ex-cop, Pacific Sun, 2024-08-20
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