Ex-North Bay Cop Tapped To Investigate Violent Marin County Arrest

SAN RAFAEL, CA — The city of San Rafael has tapped a former North Bay cop to investigate alleged police misconduct in a case that has rocked this community, officials said in a news release.

Paul Henry, who heads a Sonoma County investigative consulting firm, will lead the investigation into the violent July 27 arrest captured on bodycam video, city officials said.

The suspect had been accused of drinking beer in public from an open container.

Henry served in the Santa Rosa Police Department for 28 years, retiring as a lieutenant, according to his bio.

The Marin County District Attorney's Office announced last week it has opened its own investigation.

Officers Brandon Nail and Daisy Mazariegos, the two San Rafael police officers at the center of the firestorm, have been placed on leave.

The city has enlisted the law firm Burke Williams & Sorensen to oversee Henry’s investigation.

“We’re eager to begin this process,” San Rafael Mayor Kate Colin said.

“There will be an in depth and thorough independent investigation into this incident. The investigators’ findings will inform the disciplinary process and hold those accountable for any wrongdoing.”

In the video that has since gone viral, an unidentified man who is a day laborer can be seen on an industrial side street in the Canal District of San Rafael sitting on the curb with two of his friends. They are drinking beer.

Mazariegos asked the men what they are doing and they respond, "nothing." Mazariegos points out that there are open containers of beer and asks to see one man's identification.

At that point, Nail arrives. As the man stands up, seemingly to get his ID from his pants, Nail can be heard yelling, "Hey, sit the f--- down!"

Mazariegos again asks to see his ID and he says he can't get it unless he stands up. As he goes to do so, Mazariegos tells him to sit down and then Nail forces him to the ground, punches him in the nose and pushes his face into the asphalt.

As the man is taken to the squad car, his face bright red with blood, he can be heard saying "I didn't do anything."

The laborer was initially arrested on suspicion of resisting arrest, but the charges were dropped late last month, The IJ reports.

San Rafael Police Chief David Spiller earlier this month released an open letter to the community about the altercation, for which he took full responsibility, saying that his department is currently conducting an investigation into it.

The letter was also published on the SRPD's website in Spanish.

"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," the letter reads.

"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."

Charles Dresow, an attorney representing the injured laborer, assailed the decision to hire an ex-cop to investigate the case, The IJ reports.

“This hiring is extremely disappointing and must be rescinded,” Dresow told the news outlet.

“An investigator independent of law enforcement interests must be hired.”

— Bay City News contributed to this report