Gardener left in pool of blood after California police beat him over beer, lawsuit says
Julio Jimenez Lopez and two friends were sitting outside, drinking beers, after a day of gardening before he found himself pinned face-down, in a pool of his blood, by two California police officers, according to a new federal lawsuit.
Officers Brandon Nail and Daisy Mazariegos arrived and questioned the trio about their open containers of beer in San Rafael on July 27, 2022. It was a day that left Lopez with “life-altering” injuries, including a broken nose and traumatic brain injury, a complaint filed July 24 in San Francisco says.
Mazariegos started asking Lopez questions in Spanish and requested to see his ID, according to the complaint, which says both officers knew the gardener didn’t “fully understand” commands in English.
When Lopez stood up to retrieve his ID from his pants pocket, Mazariegos ordered him to sit down — so he did, before explaining he needed to stand up to get his ID.
After Lopez — who is about 5 feet tall and 130 pounds — stood up again, Nail, who is 6 feet, 2 inches tall and 250 pounds, told him to “sit the (expletive) down,” the complaint says.
Then, Nail is accused of suddenly tackling Lopez, who had his hands up, and repeatedly punching him in the face. It caused him to excessively bleed before both officers “continued to aggressively detain (him) unlawfully,” leaving him “in a pool of his own blood,” according to the complaint.
Now, Lopez and his wife, Yesenia Cruz Cruz, are suing the City of San Rafael, its police department, Nail, Mazariegos and others not identified in the complaint. The couple accuses the defendants of violating Lopez’s civil rights and wrongfully arresting him.
Nail and Mazariegos are no longer employed by the San Rafael Police Department, San Rafael Police Lt. Scott Eberle confirmed to McClatchy News in a statement on July 25.
“The circumstances surrounding the separation are confidential personnel matters and we are not able to disclose the reasons why,” Eberle said.
McClatchy News contacted a city official for comment on July 25 and didn’t receive an immediate response. Eberle said the city doesn’t comment on pending litigation.
Information regarding legal representation for Nail and Mazariegos wasn’t listed in court records the afternoon of July 25.
‘I thought I’m gonna die’
After a video of Lopez’s arrest and encounter with the officers went public, outrage over police brutality and over-policing of the Latino community followed, according to San Francisco-based The Veen Firm, which represents Lopez.
“When I was on the ground, you know, I thought I’m gonna die because of all the blood, you know, it was really scary,” Lopez told ABC7 News in an exclusive interview in May.
The outlet was the first to report on the violent incident in September 2022 when it shared police body camera footage.
“There is no way that’s necessary under any circumstance,” The Veen Firm trial team leader Anthony Label said in a statement in March regarding the body camera video.
Excessive force leaves lasting injuries
From the moment Nail and Mazariegos approached Lopez in July 2022, up until they attacked him, Lopez “was not verbally or physically threatening (the officers), nor was (he) resisting, combative, or actively resisting” them, the complaint says.
Nail and Mazariegos responded to his attempts to retrieve his ID through excessive force, despite Lopez being unarmed and posing “no objectively reasonable threat of death or serious bodily harm,” according to the complaint.
Lopez was left with nose fractures, a concussion, traumatic brain injury, and neurological and orthopedic injuries, including an injury to his shoulder resulting in him needing surgery, the complaint says.
When paramedics arrived on scene and asked the officers what happened, Mazariegos said Lopez was being “uncooperative,” so they “took him down to the ground,” according to body camera footage obtained by ABC 7.
Lopez told ABC 7 News in May that he was eventually taken to the hospital before being detained in jail.
The next morning, Cruz found her husband coughing up blood when she picked him up from jail after bailing him out, according to the outlet.
Due to his injuries, Lopez “incurred past and future medical expenses, past and future loss of earnings, loss of earning capacity, loss of household services, and general damages,” the complaint says.
Trial by jury demanded
Lopez is suing on several counts, including Fourth Amendment violations over his unreasonable detention, arrest and the excessive force he endured, the complaint shows.
He also accuses the defendants of violating his Fourteenth Amendment rights by discriminating against him based on his race and national origin.
If Lopez were white, the officers wouldn’t have “harassed, detained, arrested, used force on, and searched (him) in the same manner,” the complaint says.
He is demanding a trial by jury and seeks to recover damages and relief deemed appropriate by the court.
San Rafael is about 85 miles southwest of Sacramento.
This story was originally published July 25, 2023 at 12:24 PM with the headline "Gardener left in pool of blood after California police beat him over beer, lawsuit says."
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