Two San Rafael law enforcement officials concerned in a bloody arrest in July mentioned the person they took down tried to place certainly one of them in a “headlock,” and so they feared he would seize their weapons regardless of being too intoxicated to stroll steadily, in line with police stories obtained by the Impartial Journal.
One of many officers, Brandon Nail, reported punching the person within the face throughout the confrontation, which began as a result of the person was ingesting a beer alongside a avenue within the Canal space.
The arrest — which left the unarmed man with blood streaming down his face — provoked days of protests by residents and neighborhood leaders livid over an instance of what they see as overpolicing of town’s Latino neighborhood. It additionally set off investigations by town and the district legal professional’s workplace, and prompted the FBI to request proof from town.
Each officers have been positioned on paid go away pending the result of the division’s investigation.
The person’s legal professional, Charles Dresow, mentioned the officers made false statements of their stories and that video footage of the arrest, captured by the officers’ personal body-worn cameras, belies their statements.
“There was no justification for the violence they used in opposition to my shopper,” Dresow mentioned.
The incident occurred July 27 on Windward Method, the place Officer Daisy Mazariegos approached a number of males who have been ingesting beer within the open. Nail arrived a short while later.
Mazariegos advised the lads to sit down on the curb and requested them for identification. Certainly one of them stood to get his identification from his pocket. Mazariegos repeatedly advised him to stay seated, and when he didn't, the officers moved to arrest him.
Physique digital camera footage reveals the officers grabbing the person by the arms and, in the middle of roughly three seconds, taking him to the bottom.
Mazariegos, in an announcement to elucidate the possible trigger for the arrest, mentioned the person grabbed Nail “by his head putting him in a headlock.”
In line with a extra detailed report Mazariegos filed the identical day, the “headlock” was the premise for allegations of felony violence in opposition to a police officer and felony battery in opposition to a police officer.
Mazariegos wrote that she needed to inform the person to sit down down 5 instances earlier than he lastly did, and he or she “seen he had an unsteady gait.”
Each officers reported the person “tensed” his physique and moved his arms once they reached for him. Each additionally reported they “feared” the person would attempt to run or combat them.
The 36-year-old man, in line with Mazariegos’ report, is 5 ft tall and 130 kilos.
Within the footage from Nail’s digital camera, the person seems to dam his descent along with his left hand, however Nail’s digital camera is so near the person’s physique that the person’s proper arm is generally out of body throughout the scuffle. Within the footage from Mazariegos’ digital camera, the person does seem to grab Nail’s uniform on the left shoulder.
“On my vest, I've my collapsible baton, oleoresin capsicum spray, and conductive electrical weapon,” Nail wrote in his report. “Fearing that (the person) would acquire management of one of many weapons and additional his assault, I punched (the person) one time within the face with my proper hand.”
By the point the officers cuffed the person and bought him standing, his “nostril was actively bleeding and the blood ran from his nostril right down to his chin,” Mazariegos reported.
The Marin County District Legal professional’s Workplace initially filed a felony case in opposition to the person, however determined to not pursue it after reviewing footage from the arrest.
Dresow mentioned the officers by no means ought to have reached for his shopper within the first place.
“The power used in opposition to my shopper was extreme and uncalled for,” Dresow mentioned. “There was no cause to seize my shopper’s arms, there was no cause to leg sweep my shopper to the bottom, no cause to punch him within the face, no cause to grind his face into the asphalt, and no cause to depart him bleeding in a patrol automotive whereas the responding officers joked and laughed.”
“Everybody issues or nobody issues. My shopper was handled like he didn't matter,” Dresow mentioned. “The bodily assault and false police stories are outrageous to each the equal administration of justice and his primary human dignity.”
Officers “could use cheap power to impact an arrest, to stop escape or to beat resistance,” in line with the police division’s coverage guide. The coverage doesn't specify when officers ought to take individuals down or punch them.
The coverage mandates that officers alert their supervisors “as quickly as practicable” if an individual is visibly injured, complains of harm or ache or was struck or kicked, amongst different situations.
Town didn't launched use-of-force stories from this case or supervisors’ opinions of these stories. Assistant Metropolis Legal professional Genevieve Coyle, in a letter, mentioned these information are exempt from launch as a result of they're the “topic of an energetic administrative investigation.”
Neither Mazariegos nor Nail may very well be reached for remark. Numbers listed as Mazariegos’ have been disconnected. A quantity for Nail rang by means of with no response.
The San Rafael Police Affiliation didn't instantly return messages requesting remark.