San Rafael protesters demand action in probe of controversial arrest
The demonstrators sought to keep pressure on officials over an incident that severely injured a man in Canal area.
Demonstrators gathered in San Rafael on Friday calling for movement in a monthslong investigation into a controversial police arrest that has galvanized the Latino community.
The demonstration — two marches that converged at City Hall — was timed to coincide with the state holiday commemorating the labor organizer Cesar Chavez. Protesters trekked downtown from Pickleweed Park in the Canal neighborhood and the Marin County Civic Center in northern San Rafael.
The rally was one of a handful that have been held in the city as residents seek to draw attention to issues such as the alleged overpolicing of the city’s immigrants and communities of color.
“We are hear to uphold the American dream,” said Emilio Pineda, speaking on the steps of City Hall. “Everybody is the same. Nobody gets different treatment.”
Marina Palma, who led the march from Pickleweed Park, addressed the crowd in Spanish, saying, “We demand a legal reform to make accountable all the legal enforcement officers and organizations who swore to protect and serve us.”
Critics have characterized the arrest of 37-year-old Julio Jimenez Lopez as brutal and unjust. The incident, which occurred on July 27 in the Canal neighborhood, was captured on video and has sparked outrage in the city.
The events unfolded as police officers Daisy Mazariegos and Brandon Nail approached Jimenez Lopez and two other men as they allegedly drank beer in the street.
Jimenez Lopez was severely injured after police questioned the group about the open containers. Police said that Jimenez Lopez refused commands to stay seated and then put an officer in a headlock during the ensuing struggle to detain him.
He was arrested but the case was later dropped. Jimenez Lopez filed a claim against the city, asserting that the officers assaulted him and violated his constitutional rights, among other allegations. The claim also alleges failures by the city to properly screen, hire, train, supervise or discipline police officers.
The officers have been on paid leave while a city consultant, former Santa Rosa police lieutenant Paul Henry, reviews their conduct and that of the other officers and supervisors.
Residents have urged the city be transparent in its investigation and called on the district attorney’s office to file criminal charges against the officers involved. They have also called for countywide police reforms that include greater accountability when officers are involved in abuse of power or allegations of violence against residents, especially communities of color.
Brenda Camarena, a rally organizer, said she turned out Friday to march from the Civic Center to represent the Latino community.
“We’re here to make a point today,” she said. “We’re gathering here today because we haven’t gotten a response. We’re fed up.”
SAN RAFAEL: A rally is convening at San Rafael City Hall in support of Julio Jimenez Lopez, a San Rafael resident badly beaten during an arrest by police officers on July 27. Brenda Camarena said at the Marin Civic Center she’s marching to represent Marin’s Latino community pic.twitter.com/k2XjbJbzRk
— Giuseppe Ricapito (@g_ricapito) April 1, 2023
Gabriel Garcia said he organized previous demonstrations protesting the Jimenez Lopez arrest.
“We can’t just say there’s law when it’s used against a group of people,” he said. “I’ve heard about racism all the time. The fact this happened in my community really impacted me.”
Rose Costello said the rally was “overdue.”
“I was really upset by the video,” she said. “We want equity for everyone in San Rafael and Marin.”
District Attorney Lori Frugoli has said her office is reviewing the case. She did not respond to requests for comment on Friday.
Charles Dresow, an attorney who is representing Jimenez Lopez, sent a letter to Frugoli’s office on Friday asserting that the officers engaged in misconduct by filing false reports regarding the arrest and calling on Frugoli to state whether the officers are in fact under investigation.
“Everyone matters or no one matters. My client was treated like he does not matter by the involved officers,” Dresow said.
“My client is grateful for the support of the community,” he said, emphasizing that the rally was organized by residents, not by Jimenez Lopez’s legal representatives.
Cesar Lagleva, a rally organizer, said the investigation has dragged on far too long.
“It should not be taking seven or eight months to determine if these officers have done anything criminal,” he said. He suggested that Frugoli might have a conflict of interest in attempting to investigate officers that she works with in the criminal justice system.
“What is in the best interest of the community and victims and all involved?” he said. “Why has it taken so long and is she really the appropriate prosecutor to investigate this case knowing there is a real or a perceived conflict of interest?
“What we demand is a swift decision for her to indict with an assumption there was wrongdoing on the video,” he said.
San Rafael police Lt. Scott Eberle said his agency was in contact with rally organizers and was working in collaboration with them to facilitate a safe and peaceful rally.
“San Rafael police and fire department will be available to make sure everyone stays safe,” he said Friday.
Eberle said the officers involved remain on paid leave pending the conclusion of the investigation.
San Rafael City Attorney Rob Epstein said the city supports the right of community members to engage in peaceful demonstration.
Epstein said he expects the city investigation to conclude in April.