Officer Involved In Violent Marin County Arrest Acquitted By Jury

SAN RAFAEL, CA — A Marin County jury reached a not guilty verdict Tuesday for a San Rafael officer who charged with assault and making false statements stemming from a bloody altercation in 2022.

On July 27, 2022, San Rafael Police Department officer Brandon Nail was accused of an incident involving use of force with a man named Julio Lopez.

Nail was originally charged in June 2023 along with former Officer Daisy Mazariegos.

The entire incident was capture on body camera footage. A video shows landscaper Julio Lopez and two companions drinking beer on a side street. When Mazariegos asked what they were doing, they responded, "nothing." Mazariegos then pointed out their open beer containers and asked one of the men for identification.

Upon Nail's arrival, the man started to rise, apparently to retrieve his ID. Nail loudly ordered him, "Hey, sit the f--- down!" Mazariegos repeated the request for ID, but the man explained he needed to stand to access it. As he stood, Mazariegos told him to sit. Nail then forcibly took the man to the ground, punched him in the nose and pressed his face into the asphalt.

With a bright red, bloody face, the man was led to the squad car, repeatedly claiming, "I didn't do anything."

In August 2024, a judge dismissed all charges against Mazariegos.

After the incident, the City of San Rafael placed Nail on administrative leave while they conducted an internal affairs investigation, which found that he had violated SRPD policy, officials said.

Nail was terminated from employment but he contested the termination and it was sent to arbitration. The independent arbitrator overturned the City's decision and he was reinstated with full back pay.

The City was left with no other legal remedies.

Following Tuesday's verdict, the City has no other choice but to reinstate Nail, officials said.

Nail's attorney's released a statement after the verdict.

"After one suspect repeatedly disobeyed the officers' orders to stay seated, and after warning him, they attempted to handcuff him for all of their safety," the release stated. "Instead of complying, the suspect tensed up, pulled his hands and arms forward, resisting the officers' efforts to restrain him."

In 2024, San Rafael established the Police Advisory and Accountability Committee to enhance public transparency and police accountability, offering annual recommendations to the City Council.