2 San Rafael police officers charged over violent arrest of day laborer
SAN RAFAEL – The Marin County District Attorney's Office has filed criminal charges against two San Rafael police officers in connection with the violent arrest of a day laborer last year that was caught on camera.
On Thursday, District Attorney Lori Frugoli charged Officer Brandon Nail and former Officer Daisy Mazariegos with assault by an officer under color of authority, along with making false statements in a crime report.
"After a thorough review of the evidence, which included body-worn camera footage, eyewitness accounts, medical records, and reports from the San Rafael Police Department, my office has concluded there is sufficient evidence to prove these charges beyond a reasonable doubt," Frugoli said in a statement Thursday.
Video of the July 27, 2022 incident shows the day laborer on an industrial side street in the Canal District of San Rafael, sitting on the curb with two of his friends drinking beer.
Mazariegos asked the men what they are doing and they respond, "nothing." Mazariegos points out that there are open containers of beer and asks to see one man's identification.
At that point, Officer Brandon Nail arrives. As the man stands up, seemingly to get his ID from his pants, Nail can be heard yelling, "Hey, sit the f--- down!"
Mazariegos again asks to see his ID and he says he can't get it unless he stands up. As he goes to do so, Mazariegos tells him to sit down and then Nail forces him to the ground, punches him in the nose and pushes his face into the asphalt.
As the man is taken to the squad car, his face bright red with blood, he can be heard saying "I didn't do anything."
Following the incident, San Rafael Police Chief David Spiller released an open letter to the community about the altercation, for which he took full responsibility.
"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," read 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."
On Thursday, the district attorney stressed that the charges were not a reflection on the police department or any other law enforcement agency and that the department had a "well-earned reputation for providing outstanding service to the community and keeping it safe."
"It is about holding two individual officers accountable for their unlawful conduct on a single day that was inconsistent with the department's standards for professionalism," Frugoli said.
Mazariegos and Nail are scheduled to appear in court on August 11.
