San Rafael officer exits force in aftermath of violent arrest

A San Rafael police officer involved in a controversial arrest in July is no longer employed by the city, officials said.

Daisy Mazariegos left employment on May 15, San Rafael police Chief David Spiller said in an email on Thursday. Mazariegos had been on paid leave, making $7,723 a month, since an internal investigation started Sept. 2.

Brandon Nail, the other officer involved in the incident, remains on paid leave at $9,388 a month, Spiller said.

“I have no additional comment on her separation other than there is no separation or settlement agreement,” he said.

Lt. Scott Eberle said Mazariegos “was still in her probationary period as a new officer at the time that her employment concluded.”

“Details regarding why any employee separates from the city are confidential personal matters not subject to public disclosure,” Eberle said.

Video of the bloody arrest of Julio Jimenez Lopez in the Canal neighborhood last summer sparked outrage and protests in the city. It also set off investigations by the city and the district attorney’s office, and prompted the FBI to request evidence from the city.

“Officer Mazariegos’ employment status with the SRPD is an obvious step in the right direction to rectify the harm done to the victim and community,” said Brenda Camarena, a member of the Marin Justice League, a group formed in response to the incident.

“However, this revelation still does not address transparency as promised by the police chief,” she said. Camarena said it took a tremendous amount of “time, energy and advocacy by the community to simply get this basic information.”

The incident happened July 27 on Windward Way, where Mazariegos approached several men who were drinking beer in the open. Nail arrived a short time later.

Police alleged that Lopez refused commands to stay seated and then put an officer in a headlock during a struggle to detain him. The video and police report show that Lopez was taken to the ground, punched and bloodied.

The Marin County District Attorney’s Office initially filed a felony case against Lopez, but decided not to pursue it after reviewing footage from the arrest.

The district attorney’s office is reviewing the case. In a statement on Feb. 24, District Attorney Lori Frugoli said the matter is “a top priority for my office.” Frugoli had no updates when contacted Friday.

Lopez has filed a claim against the city saying that he suffered a broken nose, traumatic brain injury and a shoulder injury requiring surgery. The claim alleges assault, battery, negligence, false arrest, false imprisonment, intentional infliction of emotional distress, unreasonable search and seizure and excessive force by police.

Mazariegos’ departure came about two weeks after the city’s decision to maintain secrecy over the results of an eight-month internal investigation into the incident.

At a City Council meeting on May 1, City Attorney Rob Epstein said the report would not be released to the public because of state-mandated employee privacy rights.

Epstein said the report of the investigation was in the hands of Spiller, who would determine whether disciplinary action would be taken. Epstein said that decision would also remain confidential for the same reason.

After the meeting, Spiller told the Independent Journal that he would make his determination within a week.

In an email Thursday, Spiller said, “Having received and reviewed the investigation, I have taken administrative action and addressed the matter appropriately and as warranted, given the full scope of the event and its impact on the City of San Rafael and the San Rafael Police Department.”

“I am prohibited by law from providing any further details or specifics regarding my determination,” he wrote.

The Independent Journal filed a public records request with the city on May 9. In response, Epstein said he planned to release redacted copies of the records, but required additional time to process the documents. He said he would provide them by June 12.

In a letter on June 12, Epstein wrote that “after further review, the City has determined that the records sought by your Request are confidential, pursuant to Penal Code section 832.7(a), and is therefore withholding them.”

The section outlines some circumstances when police records might be kept secret from the public, with exceptions for certain incidents involving the use of force, injuries and criminal conduct.

Mayor Kate Colin said in an email Thursday that she is also prohibited from commenting on Mazariegos, but that she wanted to take the opportunity to address the community.

“SRPD is a department of dedicated officers who serve on a daily basis our residents with professionalism,” Colin wrote.

“The City has high standards for the department and it is of paramount importance that all our officers maintain those standards,” she said. “If there are instances where the city’s police policies are not followed, the City will take the appropriate actions as allowed by law.”

Mazariegos could not be reached for comment.

Over the past eight months, the San Rafael Police Department, along with city officials, held several community forums about policing. One of the five goals that came out of that process was to “improve transparency, communications and accountability.”

Spiller proposed establishing a police advisory and accountability committee, a plan approved on June 5.

“As we look ahead to building trust with the community, we encourage residents to stay engaged as the City takes the next steps toward creating a Police Advisory Accountability Committee,” Colin said. “There are details on the city’s website about how to participate.”