San Rafael, CA — As readers of the Free Thought Project already know, referring to this geographical area known as the United States, as "the land of the free," is a misnomer. Thanks to the enforcement and persecution of victimless crimes, millions of innocent people have been beaten, kidnapped, and killed for acts in which nobody was harmed or victimized. This cannot be referred to as "freedom."
From seat belt and window tint laws, to the prohibition of arbitrary substances deemed illegal by the state, the lives of countless innocent individuals have been ruined or ended by the state's enforcers "just doing their jobs."
One of these victimless laws involves the consumption of alcohol outdoors. Recently, a group of hardworking gardeners enjoying a cold beer after a long day's work, learned the hard way just how far the state will go to enforce their arbitrary and often illogical and cruel dictates.
Out of the public eye and off the beaten path, a group of day laborers were having a beer after work on July 27, 2022, when San Rafael Police Officer Daisy Mazariegos decided to interrupt them. As it is in her job description to extort otherwise entirely innocent people for things like drinking a beer outside, Mazariegos detained the men and called for backup.
While they waited for backup, one of the men, identified only as Mateo, explains nicely to Mazariegos that they drink in this spot — away from their apartment complex — out of respect for the other residents who don't necessarily want to hear them laugh and joke while they have beers.
Instead of understanding this reasoning, applying her discretion and going about her day to stop actual criminals committing actual crimes, Mazariegos and officer Brandon Nail proceed to escalate the situation. The duo then demands to see all the IDs of the men in the group.
Mateo, who was sitting down, was unable to get his ID out of his pocket without standing up. Each time he stood up to get it out, the officers perceived this as a threat and demanded he sit back down, so he did. But they kept demanding his ID, and he kept having to stand up to get it.
Despite explaining this to the officers, on the last time he stood up, the 6'2" 250 pound officer grabbed the 5' tall 130 pound Mateo and began pummeling him.
Nail grabbed Mateo by the neck and began smashing his face in — literally — as he broke his nose with his fist and shredded his head on the pavement. Matteo was injured so badly that he was hospitalized. Officer Nail also charged Matteo with multiple crimes including felony resisting arrest.
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These charges were clearly bogus and luckily they were all eventually dropped, no thanks to officer Nail who lied about the entire situation to try to make them stick.
In his police report, Nail wrote that Mateo "reached his right arm around the back of my neck and started to squeeze in an attempt to put me in a headlock," adding "he began to swing his right hand at my head, striking me several times on the left side and back of my head."
This never happened and it is clear from the video that the only person whose actions had a victim that day was officer Nail. Nevertheless, both of these lying cops are still collecting their paychecks.
When local media inquired about the situation, Lt. Scott Eberle told ABC7, "We are conducting an immediate and thorough internal investigation. These actions do not represent the San Rafael Police department and if any of these allegations do become sustained, action will be dealt with swiftly."
It's been over two months and the world now knows that officer Nail lied and brutalized an innocent man. So much for dealing with it "swiftly."
While these bystanders remained peaceful during the incident, a story the Free Thought Project covered in 2015, shows that isn't always the case.
A 22-year-old man named Phoenix Low was attacked by a police officer for carrying an open container of alcohol outside. When the officer attempted to arrest him, Phoenix tried to stand up for himself and was then aided by a number of concerned neighbors who attempted to prevent the arrest from happening.
According to the police, “a crowd surrounded the officer and began to interfere with attempts to arrest Low by yelling, striking and pulling at the officer and the prisoner.”
While the crowd's attempt to stop Low's arrest eventually proved unsuccessful, it shows the unnecessary and dangerous interactions caused by the enforcement of victimless crimes.