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 11, 2023, the agency announced their intent to fire Nail for a failure to deescalate and that his strong language brought discredit to the department.[6]
On May 15, 2023, Mazariegos, a probationary officer, was released by the department.[7][8]
On June 27, 2023, the agency terminated Nail. Nail appealed his firing.[6]
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.[9]
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.[10]
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.[11]
On August 14, 2024, a judge dismissed the assault charge against Mazariegos.[11]
The Marin County District Attorney's Office chose to not refile charges against Mazariegos.[12]
On October 7, 2024, the California Commission on Peace Officer Standards and Training (POST) temporarily suspended Nail's certification after he was terminated and criminally charged.[13]
On December 16, 2024, an arbitrator ruled that there was insufficient evidence that Nail had violated any department or city policies, and ordered that Nail be reinstated and given back pay.[6]
On October 14, 2025, a jury acquitted Nail.[14]
On October 17, 2025, the POST commission reinstated Nail's certification.[13]
On October 28, 2025, the city settled the civil lawsuit for $999,000.[15]
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 Adrian Rodriguez, Marin: Former officers arraigned on assault charges in bloody arrest, Marin Independent Journal, 2023-08-11
- ↑ 6.0 6.1 6.2 Julia Fox, San Rafael Police Officer Reinstated After Unjust Termination, PORAC Legal Defense Fund, 2025-03-03
- ↑ Nikki Silverstein, UPDATED: San Rafael police officer involved in violent beating out of a job, Pacific Sun, 2023-06-12
- ↑ Lisa Fernandez, San Rafael police officer acquitted of assault following open beer container incident, KTVU, 2025-10-15
- ↑ 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
- ↑ 11.0 11.1 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
- ↑ 13.0 13.1 Certification Actions, California Commission on Peace Officer Standards and Training
- ↑ Not Guilty Verdict in the Criminal Case against San Rafael Police Officer Brandon Nail, City of San Rafael, 2025-10-14
- ↑ Albert Gregory, City Will Pay $999K To Man Injured In Violent Arrest In This Marin County Town, Patch, 2025-10-28
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