EXCLUSIVE: Gardener seen beaten by San Rafael police in takedown video files claim against city

San Rafael, California (KGO) — Friday marks six months after the San Rafael police reacted violently to a gardener enjoying a beer with friends after a long day at work. ABC7 News I-Team first told the story in a disturbing video. And now we have received word that the gardener and his lawyer have filed a lawsuit against the City of San Rafael. This is the first step to litigation.

The gardener still doesn’t want to use his real name, so we call him Mateo. As it turned out, his injuries were more serious than we first thought.

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Matteo’s attorney told the I-Team that the treatment he received at the hands of the two police officers was terrible and that the city of San Rafael should pay.

Anthony Label Attorney says, “There is no way it will be necessary under any circumstances.”

Last July 27, the gardener told police officers Daisy Mazariegos and Brandon Nail that he and his friends had a beer along Windward Way in San Rafael after a long day at work. Police asked for identification, but Mateo explained that he had to stand to get it.

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Daisy Mazariegos: “Please show your ID.”

Mateo: “I know, I know, I know I have to take it out, but I have to lift it up to pick it up.”

Mazariegos: “Sit down, just sit down.”

Mateo: “You have to understand…”

Mazariegos: “have understood.”

Mateo: “Hey hey hey (struggling sound)”

Body cameras show Cop Nail pushing Mateo over a beer bottle, punching him in the nose, and pressing his face against the rough pavement. We reported that Mateo suffered a broken nose and a concussion, but his lawyers now say it’s even worse – a shoulder injury and PTSD that he had surgery for last week.

Anthony LaBelle, a 250-year-old attorney, said, “There has been a change in personality. It has affected his marriage. His wife is suffering. He is afraid to go out in public. A very different life, a very different way he was before.”

Mateo alleges assault, assault, false arrest, false imprisonment, intentional infliction of emotional distress, excessive coercion, and failure of their superiors to adequately screen and hire, adequately train, supervise and discipline. accuses.

A spokesman for Police Chief David Spiller told the I-Team that he would not comment on the civil lawsuit, that an internal investigation into the officers’ conduct was still ongoing, and that Nail and Mazariegos were still on paid administrative leave after six months. Said he was taking..

Video: Angry reaction at San Rafael Council after violent police knock down gardener with beer

The label told I-Team, “The fact that we were unable to come to an obvious conclusion to those who watched these videos is deeply disturbing.”

Label still can’t believe he committed a felony by resisting prosecution against Mateo before prosecutors saw the video. “This case is still under investigation and review,” said District Attorney Lori Fulghori, speaking of possible criminal charges against the officers.

The label added, “As we sit right now, we don’t know if these officers will face professional or criminal liability. So a civil lawsuit could be someone’s last chance to get justice.” There are cases.

The mayor and city attorneys also had no comment. They give him 45 days to act on the claim before Matteo’s attorneys proceed with the case.

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