San Rafael Police Department continues to investigate excessive use of force 7 months later; I-Team finds out why

SAN RAPHAEL, CA (KGO) — Tonight, the Marin County District Attorney faced tough questions about this incident. San Rafael cops got into a violent altercation with a gardener they found with an open beer in the canal district. The man suffered a broken nose, a concussion and a shoulder injury that required surgery.

That was seven months ago, and District Attorney Laurie Frugoli still hasn’t decided whether to prosecute the officers involved.

Once again, the District Attorney denied the I-Team’s request to appear on camera for an interview, and the statement she emailed doesn’t explain why it’s taking so long.

When San Rafael cops Brandon Neil and Daisy Mazariegos confronted the gardener we call “Matheo” over an open beer, they asked for his ID. Mateo tried to explain that he needed to get up to get him, and the situation quickly escalated.

EXCLUSIVE: Gardener beaten up by San Rafael police in lawsuit against city to seize video files

DAISY MAZARIEGOS: “Get your ID.”

MATEO: “I know, I know, I know. I have to take it, but I have to lift it (get up) to choose it.”

DAISY MAZARIEGOS: “Sit down, just sit down.”

MATEO: “You must understand-“

DAISY MAZARIEGOS: “Fine–“

MATEO: “Hey Hey hey.”

MORE: Non-profit organization SJ issues city council failing grades for policing decisions; the new mayor is in charge

His bodycam shows Officer Nail throwing Mateo to the ground over beer bottles, punching him in the nose and pushing him face first into the uneven pavement.

It took only three business days for District Attorney Lori Frugoli to charge Mateo with felony resisting and several misdemeanors. She dropped the charges after she finally saw the video. Nearly seven months after the standoff, Frugoli still hasn’t decided whether excessive force should be used against the police.

The gardener’s lawyer, Charles Drezow, asks, “Why does it take so long to decide what to do with these officers when they can make such a quick decision with a member of the community?”

In his letter to Frugoli, Drezov expresses concern that the district attorney “has a conflict of interest that prevents the officers who abused my client from being prosecuted,” basically arguing that any action taken against the officers will have repercussions. “Then the prosecutions that are ongoing involving these officers and any past convictions in which these officers were involved as witnesses or investigators are called into question.”

MORE: Memphis police officer took picture of beaten Tyr Nichols and shared one with others, documents show

Frugoli again denied our request for an interview, and the statement she emailed today didn’t address why her case was taking so long.

She writes: “We continue to scrutinize the evidence in order to decide whether to prosecute… We will be transparent about the outcome of this process once a conclusion has been reached.”

On the other hand, the city of San Rafael announced this week that an independent investigation into the incident would be conducted within one month.

City Attorney Rob Epstein told City Council on Tuesday: “The final report will be delivered to the chief of police, who will decide what disciplinary action to take against the officers involved.”

But Epstein says the report will not be made public if the officers are acquitted — only if it is found that they used excessive force, if Mazariegos failed to stop Nail from using excessive force, if the officers made a false statement.

MORE: How the George Floyd Police Act Reforms Law Enforcement

“Or in the fourth exception,” Epstein adds, “the officer’s use of force resulted in Mateo being seriously injured.”

Medical records provided by the I-Team show that Mateo did indeed suffer serious injuries. One thing that continues to worry some San Rafael residents is that officers remain on paid administrative leave. The latest available records show Daisy Mazariegos earned $96,000 in pay and benefits for 2021; Brandon Neil took home nearly $192,000.

Another important question is whether the officers lied in their reports. They both wrote that Mateo tried to hit Nail with a headlock, but the video shows that this did not happen. We will be aware of this.

Take a look at other I-Team ABC7 News stories.

If you are on the ABC7 News app, click here to watch live

Content Source

California Press News – Latest News:
Los Angeles Local News || Bay Area Local News || California News || Lifestyle News || National news || Travel News || Health News

Related Articles

Back to top button