Two former San Rafael cops accused of assaulting a detainee and mendacity about it have been arraigned Friday on prison expenses.
Brandon Nail and Daisy Mazariegos, who have been concerned within the bloody arrest that prompted protests final 12 months, pleaded not responsible in Marin County Superior Court docket.
The costs embrace assault by an officer below shade of authority and making false statements in a criminal offense report.
“I feel the DA is totally out to lunch on this case,” stated Chris Shea, the legal professional defending Mazariegos. “This isn’t a case that may be confirmed past an affordable doubt.”
“Based mostly on my evaluate of the proof, the previous members of the San Rafael Police Division have been doing precisely what they have been skilled to do,” Shea stated. “I’m conscious of no proof on the contrary. We’re wanting ahead to proving former officer Mazariegos is harmless.”
Julia Fox, the legal professional defending Nail, agreed.
“The conduct giving rise to those expenses was vetted in an inside affairs investigation and couldn’t be confirmed by the a lot decrease customary of ‘by a preponderance,’” Fox stated. “The DA who rightfully carries an incredible moral obligation, renders me incredulous on condition that authorized backstory.”
Choose Beth Jordan mandated that the defendants stay in California, stay legislation abiding residents and seem in individual at each court docket date. They’re scheduled to return to court docket on Aug. 23.
Nail and Mazariegos, who have been joined in court docket by supporters, declined to remark.
San Rafael has been below fireplace because the arrest of Julio Jimenez Lopez, 37, got here to gentle. Video of the incident was made public on Sept. 1, 2022, sparking outrage and protests calling for police accountability. Each officers have been positioned on paid administrative depart at some point later.
Lots of Lopez’s supporters have no idea him personally, however stated the incident felt like an assault on the group.
Gabriel Garcia, a local of Guatemala who now resides in San Rafael, was amongst supporters at court docket Friday who stated they’re searching for justice for Lopez.
“What occurred to him, his rights being abused, that’s not the nation I visualized after I first moved right here,” Garcia stated.
“They didn’t plead responsible as we speak, however the proof is there in entrance of the eyes of our society,” Garcia stated. “The video exhibits every thing.”
Lopez supporter Emilio Pineda stated he’s involved that the prosecution may need a battle of curiosity.
District Legal professional Lori Frugoli is a former reserve officer on the San Rafael Police Division. She had a profession in legislation enforcement earlier than turning into an legal professional.
“All people is entitled to honest remedy from the police and from the court docket,” Pineda stated.
The incident occurred on July 27, 2022 on Windward Method within the Canal neighborhood, the place Mazariegos approached a number of males who have been consuming beer within the open. Nail arrived a short while later.
Police alleged that Lopez refused instructions to remain seated after which put an officer in a headlock throughout a wrestle to detain him. The video and police report present that Lopez was taken to the bottom, punched and bloodied, struggling accidents that have been handled at a hospital.
The district legal professional’s workplace initially filed a felony case in opposition to Lopez, however determined to not pursue it after viewing footage from the arrest.
Mazariegos, who was nonetheless in her probationary interval on the division, left metropolis employment on Might 15. Nail’s employment ended June 28.
Metropolis officers wouldn’t say whether or not they have been fired or in the event that they stop.
Lopez filed a declare in opposition to the town in January, saying he suffered nostril fractures, lacerations, contusions and a torn labrum in his shoulder that required surgical procedure. The declare alleged assault, battery, negligence, false arrest, false imprisonment, intentional infliction of emotional misery, unreasonable search and seizure and extreme drive by police.
The town performed an inside investigation of the incident. It was accomplished on April 28 and has been shrouded in secrecy, with officers citing worker privateness.
The Impartial Journal and Lopez’s attorneys have filed lawsuits searching for to make public the police file containing investigation reviews and associated data of the incident. The IJ’s case is scheduled for a listening to on Thursday.
The Marin County District Legal professional’s Workplace filed prison expenses in opposition to Nail and Mazariegos in June.
Within the grievance, Frugoli wrote that the previous officers “personally inflicted nice bodily harm” on Lopez.
Lopez launched a federal civil rights lawsuit in opposition to the previous officers, the police division and the town, close to the one-year mark of the arrest.
That go well with alleges unreasonable detention and arrest, extreme drive, assault, battery and negligence. It additionally alleges the division didn’t correctly practice officers and that they weren’t disciplined or reprimanded.
The incident has additionally disrupted dozens of circumstances involving the previous officers. The alleged crimes by Nail and Mazariegos may taint any testimony they could present about different incidents they dealt with. At the least 10 circumstances have been thrown out and lots of extra are below evaluate, in keeping with the Marin County Public Defender’s workplace.