San Rafael police officer acquitted of assault following open beer container incident
San Rafael police officer acquitted of assault
Marin County jury reaches a not guilty verdict in the criminal case against Brandon Nail.
SAN RAFAEL, Calif. - A Marin County jury on Tuesday reached a not guilty verdict in the assault case against a San Rafael police officer who was seen on body camera video leaving a day laborer bloodied for sitting on a curb with an open beer container.
The trial lasted four weeks. The jury foreperson and other jurors declined to comment to reporters after the verdict.
"This has been an incredibly long and arduous journey," attorney Julia Fox told the Marin Independent Journal on behalf of the officer, Brian Nail. "We’re so grateful for this thoughtful jury finally having the moxie to do the right thing. We’ve been at bat, trying to have the right thing done at every turn, and this jury made it happen."
Prosecutors had charged Nail and another officer with assault and making false statements regarding what happened on July 27, 2022.
That's when Nail and his partner approached Julio Lopez, saw that he was drinking beer on Canal Street and asked to see their ID, video shows.
As Lopez stood up, seemingly to get his identification, Nail is heard on the video shouting, "Hey, sit the f--- down."
Nail is then seen on the video forcing Lopez to the ground, punching him in the noise and pushing his face into the asphalt. The video shows that Lopez's face is covered in blood.
The Marin Independent Journal reported that San Rafael's city attorney said the city has agreed to pay Lopez $999,000 to settle his civil rights lawsuit.
San Rafael moved to fire Nail, but he appealed, and an arbitrator said he should be resinstated with full back pay, according to a news release from the city.
In addition, since Nail was acquitted, the California Commission on Peace Officer Standards and Training has indicated that it will reinstate Nail’s certificate, and San Rafael has no choice but to return Nail to his job, the city said.
The Marin Independent Journal reported that Nail's partner, Daisy Mazariegos, was charged with the same felonies as he was. Two judges dismissed her charges in previous hearings.
Mazariegos, who was a probationary officer at the time of the Lopez incident, was released by the department.