Marinscope
San Rafael police officers were placed on paid leave over the long weekend after a body-cam video came to light showing them arresting a popular local gardener in late July in the Canal area where day laborers gather.
ABC7 News in San Francisco first reported the video footage. It shows Officer Daisy Mazariegos and Officer Brandon Nail conducting the arrest of the man who appears to have been drinking beer along the curb on Windward Way. Officer Nail takes the man – who goes by the name “Mateo” – to the ground, punches him in the face. The officers then arrested him for felony resisting arrest.
Mateo suffered a broken nose and a concussion and did not appear to be resisting arrest in any way.
Compounding the issue, the Marin County District Attorney’s office pressed charges against Mateo, trusting the written reports from the San Rafael Police Department, but not reviewing the body cam footage for themselves.
When the body cam footage came to light, District Attorney Lori Frugoli dropped the charges.
At first, the San Rafael Police Department promised a full internal review, but kept the officers on duty. A day later, San Rafael Police Chief Police David Spiller put out an open letter Friday afternoon that read, in part, “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.”
He placed the two officers on paid leave and said the department will not only be investigating Officers Mazariegos and Nail, but all of the officers who were on scene.
It’s the second time in recent weeks in which the department has issued an apology.
The department was caught taking a homeless man in San Rafael and dropping him off in San Francisco. The man subsequently disrobed and started a fire in San Francisco.
The police chief’s letter was posted on the San Rafael Police Department’s Facebook page. It read:
Chief Spiller’s Open Letter to the Community.
A recently publicized incident involving the San Rafael Police Department has raised legitimate community concerns. Our officers responded to a complaint regarding an individual, engaged in an attempt to make an arrest, and a physical altercation ensued. (The individual has requested that his name be withheld.) We have heard members of our community express feelings of anger and frustration concerning the incident. While I know this sentiment will not bring resolution to the involved individual and his family, I recognize the anguish this incident has caused and am saddened by it.
I want to assure members of the San Rafael community that our department cares deeply about the community’s feelings concerning this matter. Rudeness, lack of professionalism, or any unnecessary force are all examples of expressly prohibited conduct and such behavior is not-at-all condoned in our delivery of public safety services. The SRPD is conducting a thorough investigation of this incident. The actions and conduct of all department members involved are being examined. Any member of our department who is found to have failed to meet expectations or behaved outside our standards of conduct will be held accountable and disciplined as appropriate. Professionalism is an expectation of all members of this organization and treating all members of our community with dignity and respect is a clear expectation from the leadership of the San Rafael Police Department.
The San Rafael Police Department is accountable to those we serve. As your police department, we have the duty and responsibility to help people live in safety and to enjoy the wonderful quality of life for which San Rafael is known. We cannot do this work alone. Our leadership team emphasizes “working together” to accomplish our organizational objectives. Our goals include working together with our community. Everyone in the community has a role to play in keeping our community safe; however, as professional members of law enforcement, we must be accountable.
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. 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.
As the Police Chief, I take responsibility for all the actions of our department. I am committed to addressing our shortcomings with an affirmative commitment to continuous improvement and advancing the professionalism of the department.
Sincerely,
David Spiller
Chief of Police
The incident exploded on social media. The department’s Facebook page contained almost 700 comments, most of which were critical of the police.
Many said the officers should be fired. A number of others drew attention to Officer Nail’s actions when after the man was handcuffed and put in the back seat of a police car, he opened the door and shot a cell phone picture of the bloodied man.
Some online contended that was a “trophy” picture.
(Marinscope Community Newspapers is made up of the Novato Advance, the San Rafael News Pointer, the Mill Valley Herald, the Ross Valley Reporter, the Twin Cities Times and the Sausalito Marin Scope. to send Marinscope news tips and community notices, contact Sherm Frederick via email at shermfrederick@gmail.com.)
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