Marinscope
The decision to hand over the investigation of police conduct by the San Rafael Police Department to a former police officer in Sonoma County brought sharp criticism from the lawyer representing the man who was arrested.
The incident happened on July 27 when officers rolled onto a scene in which day workers were drinking beer on a street curb. Body-cam footage, which was first reported by ABC7 in San Francisco, shows the man sitting down and being ordered to show ID. The man stands up apparently to get ID when an officer wrestles him to the ground, punches him in the face and grinds his face into the ground causing cuts and a broken nose.
The man was arrested for resisting arrest. The Marin County District Attorney’s office pressed those charges, but backed off when they actually viewed the body-cam footage.
The San Rafael Police Department promised a full review of all officers on the scene. It was subsequently announced by the San Rafael City Attorney that the case would be handed over to Paul Henry, an independent investigative consultant who worked for the Santa Rosa Police Department.
Charles Dresow, an attorney who represents the injured man, told the Independent Journal that the hiring was “extremely disappointing.”
“The hiring contradicts the mayor and City Council’s stated desire to seek meaningful change and rebuild trust with the community,” he said.
SRPD officers Daisy Mazariegos and Brandon Nail were taken off the streets with pay pending the review. All officers who were at the scene are also under investigation.
Another action at the scene that raised eyebrows came when after the man was in a squad car, handcuffed and bleeding, Officer Nail opened the door and with his cell phone shot a picture of the man. That was portrayed as a “trophy” photo.
The Marin County District Attorney’s Office said it was also conducting a review on the incident.
SRPD Chief David Spilled issued an apology after the incident and said:
“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.”
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