Police officers put on leave after brutal beating and arrest of gardener who was drinking a beer

“These actions do not represent the San Rafael Police department and if any of these allegations do become sustained, action will be dealt with swiftly,” said the police chief

Gino Spocchia
Tuesday 06 September 2022 19:34 BST
San Rafael police officers on leave after bloody takedown of man with beer can

A northern California police department has announced an investigation into two officers for brutally beating a gardener who was drinking a beer.

In body camera footage from the 27 July encounter, San Rafael Police Department (SRPD) officers were seen arguing with a man who was drinking from an open can of beer on Windward Way, not far from a nearby community garden, in San Rafael, ABC7 reported last Friday.

The man, who reportedly goes by the name “Mateo”, explained that he had “nothing to say” when approached by two police officers. He was asked for ID and told to sit down on the gravel by the roadside.

As the video shows, he explained that he had to stand-up to retrieve his ID from his pocket. That was when he was attacked by two officers, who were identified by local media outlets as Daisy Mazariegos and Brandon Nail. Both officers have since been put on paid administrative leave.

“They just grabbed the guy, punched him, ground his face into the gravel, it’s not right,” said the man’s attorney Charlie Dresow to KTVU, who translated the interaction between Mateo and the two officers from Spanish.

“I didn’t do anything,” the man told the officers after he was ordered to put his beer down and show ID.

“I told you to sit down,” Mazariegos says when the man stands to get his ID from his pocket. An altercation then ensues and Mateo is slammed into the gravel where he had been sitting.

Speaking to ABC7 about the video footage, Mr Dresow added that the Marin County district attorney was right to dismiss a charge for resisting arrest filed against Mateo in light of the video evidence.

“Almost immediately upon viewing the actual evidence, the videos, the District Attorney’s Office, very ethically, in my mind did the exact right thing and did what they could do, which is dismissed the case,” the man’s attorney said.

The police chief said in a statement on Friday that an investigation is now underway and the two officers were placed on leave pending a review, ABC7 reported.

“We are conducting an immediate and thorough internal investigation,” said officer Scott Eberle. “These actions do not represent the San Rafael Police department and if any of these allegations do become sustained, action will be dealt with swiftly.”

In the video footage following the arrest, Mr Nail could also be heard telling others that Mateo was “uncooperative, so we took him down to the ground” and that the gardener “had a bad day” and had “His face is blown up”.

The other officer replied: “You’re giving me great experience with use of force, dude”.

In a statement on Friday, San Rafael Police Chief David Spiller said his officers had “failed to meet expectations” when responding “to a complaint regarding an individual, engaged in an attempt to make an arrest, and a physical altercation ensued”,

“We have heard members of our community express feelings of anger and frustration concerning the incident,” Mr Spiller added. “While I know this sentiment will not bring resolution to the involved individual and his family, I recognise the anguish this incident has caused and am saddened by it.”

The Independent has contacted the San Rafael Police Department for further comment.

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