Alameda County Sheriff's OfficeAlameda County Sheriff's Office
Alameda DA Drops Charges Against 8 Involved in Maurice Monk Case
Trump Wants to Deport Immigrants Accused of Crimes. California Sheriffs Could Play a Key Role
Officer's Defense in Mario Gonzalez Case Claims DA's Office Is Withholding Key Evidence
11 Charged in Alameda County Jail Death, But Recall Leaves Case Up in the Air
Ex-Alameda County Deputy Sentenced for Double Murder That Exposed Psych Exam Failures
Mario Gonzalez Supporters Call DA’s Error a ‘Shame’ as 2 Officers Avoid Charges
2 of 3 Alameda Officers Charged in Mario Gonzalez Death Have Their Case Dismissed
Alameda County Again Delays Vote to Create Civilian Oversight of Sheriff
Alameda County Sheriff's Office and District Attorney Take to Facebook to Air Charging Dispute
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"content": "\u003cp>The Alameda County District Attorney dropped felony charges on Thursday against eight staffers of a Santa Rita jail in connection with the \u003ca href=\"https://www.kqed.org/news/12014238/11-charged-in-alameda-county-jail-death-but-recall-leaves-case-up-in-the-air\">2021 death of Maurice Monk\u003c/a>, a man who died in custody after allegedly being left unresponsive for days.\u003c/p>\n\u003cp>Three other staffers still face felony charges of dependent adult abuse and neglect.\u003c/p>\n\u003cp>Monk’s family attended the hearing at the Wiley Manuel Courthouse in Oakland and told KQED they were heartbroken when they learned the news.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“The people who should have got charged and already got away with my brother’s murder — they still got a job, they’re still living their life,” Tiffany Monk said. “There’s no justice in this so-called justice system that we’re supposed to have.”\u003c/p>\n\u003cp>Charges against nine jail deputies and two health care workers were first filed last November by former district attorney Pamela Price, just days after Alameda County voters recalled her. On Thursday, prosecutors said in court that there was insufficient evidence to charge all 11 staff members.\u003c/p>\n\u003cfigure id=\"attachment_12053164\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12053164\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250821-MONK-HEARING-MD-02-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1334\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250821-MONK-HEARING-MD-02-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250821-MONK-HEARING-MD-02-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250821-MONK-HEARING-MD-02-KQED-1536x1025.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Tiffany Monk, Maurice Monk’s sister, stands outside the Wiley Manuel Courthouse in Oakland on Aug. 21, 2025. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Monk was found dead in his cell after days of neglect by jail staff, according to \u003ca href=\"https://www.documentcloud.org/documents/24019056-maurice-monk-amended-complaint/\">court documents\u003c/a>. \u003ca href=\"https://www.kqed.org/news/11945438/community-and-civil-rights-groups-hold-vigil-and-rally-over-recent-deaths-at-santa-rita-jail\">Tiffany Monk\u003c/a>, Maurice’s younger sister, told KQED her brother suffered from schizophrenia, bipolar disorder and high blood pressure.\u003c/p>\n\u003cp>Security footage of Santa Rita Jail revealed deputies and nurses throwing pill cups into his cell. Body camera footage from Nov. 11, 2021, showed a deputy county sheriff officer knocking on Monk’s cell asking if he wanted his medicine. The officer can be heard commenting to the nurse that Monk is “butt-naked and asleep.”[aside postID=news_12014238 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/240408-FCIDublin-022-BL_qed-1020x680.jpg']This continued for days, until Monk’s death on Nov. 15.\u003c/p>\n\u003cp>Sheriff’s deputies Donall Rowe, Robinderpal Hayer and former deputy Thomas Mowrer will continue to face felony charges in Monk’s death. Hayer also faces charges of falsifying documents.\u003c/p>\n\u003cp>Alameda County Deputy District Attorney dismissed charges against Alameda County Behavioral Health clinician Dr. Neal Edwards, Wellpath nurse David E. Donoho and Alameda County Sheriff’s Deputies Ross Burruel, Andre Gaston, Syear Osmani, Mateusz Laszuk, Troy White and Christopher Haendel.\u003c/p>\n\u003cp>Monk’s sister said the family learned of the prosecutors’ decision on Wednesday — Monk’s birthday.\u003c/p>\n\u003cp>Monk’s family reached a $7 million settlement with Alameda County, but Monk said her family never received an apology.\u003c/p>\n\u003cfigure id=\"attachment_12053168\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12053168\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250821-MONK-HEARING-MD-06-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1334\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250821-MONK-HEARING-MD-06-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250821-MONK-HEARING-MD-06-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250821-MONK-HEARING-MD-06-KQED-1536x1025.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Niaamore Monk holds a banner calling for justice for her father, Maurice Monk, outside the Wiley Manuel Courthouse in Oakland on Aug. 21, 2025. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Before and after the hearing on Thursday, Monk’s children, siblings and supporters rallied outside of the courthouse, holding a banner that said “Justice for Maurice Monk,” and signs with the names of the 11 staff members originally charged.\u003c/p>\n\u003cp>The protesters eyed a small group of Sheriff’s Deputies who stood outside of the hearing. Tiffany Monk said the family was warned there would be several cops at the hearing for protection, but she said it wasn’t made clear to her who they were protecting.\u003c/p>\n\u003cp>“We just want justice,” Monk said. “They’re the one that did something wrong, but y’all are looking at us like we’re the criminals, like we’re about to attack them.”\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "Former Alameda County District Attorney Pamela Price originally filed charges against 11 Santa Rita jail staff members, days after her recall in November 2024. ",
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"title": "Alameda DA Drops Charges Against 8 Involved in Maurice Monk Case | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Alameda County District Attorney dropped felony charges on Thursday against eight staffers of a Santa Rita jail in connection with the \u003ca href=\"https://www.kqed.org/news/12014238/11-charged-in-alameda-county-jail-death-but-recall-leaves-case-up-in-the-air\">2021 death of Maurice Monk\u003c/a>, a man who died in custody after allegedly being left unresponsive for days.\u003c/p>\n\u003cp>Three other staffers still face felony charges of dependent adult abuse and neglect.\u003c/p>\n\u003cp>Monk’s family attended the hearing at the Wiley Manuel Courthouse in Oakland and told KQED they were heartbroken when they learned the news.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“The people who should have got charged and already got away with my brother’s murder — they still got a job, they’re still living their life,” Tiffany Monk said. “There’s no justice in this so-called justice system that we’re supposed to have.”\u003c/p>\n\u003cp>Charges against nine jail deputies and two health care workers were first filed last November by former district attorney Pamela Price, just days after Alameda County voters recalled her. On Thursday, prosecutors said in court that there was insufficient evidence to charge all 11 staff members.\u003c/p>\n\u003cfigure id=\"attachment_12053164\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12053164\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250821-MONK-HEARING-MD-02-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1334\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250821-MONK-HEARING-MD-02-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250821-MONK-HEARING-MD-02-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250821-MONK-HEARING-MD-02-KQED-1536x1025.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Tiffany Monk, Maurice Monk’s sister, stands outside the Wiley Manuel Courthouse in Oakland on Aug. 21, 2025. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Monk was found dead in his cell after days of neglect by jail staff, according to \u003ca href=\"https://www.documentcloud.org/documents/24019056-maurice-monk-amended-complaint/\">court documents\u003c/a>. \u003ca href=\"https://www.kqed.org/news/11945438/community-and-civil-rights-groups-hold-vigil-and-rally-over-recent-deaths-at-santa-rita-jail\">Tiffany Monk\u003c/a>, Maurice’s younger sister, told KQED her brother suffered from schizophrenia, bipolar disorder and high blood pressure.\u003c/p>\n\u003cp>Security footage of Santa Rita Jail revealed deputies and nurses throwing pill cups into his cell. Body camera footage from Nov. 11, 2021, showed a deputy county sheriff officer knocking on Monk’s cell asking if he wanted his medicine. The officer can be heard commenting to the nurse that Monk is “butt-naked and asleep.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>This continued for days, until Monk’s death on Nov. 15.\u003c/p>\n\u003cp>Sheriff’s deputies Donall Rowe, Robinderpal Hayer and former deputy Thomas Mowrer will continue to face felony charges in Monk’s death. Hayer also faces charges of falsifying documents.\u003c/p>\n\u003cp>Alameda County Deputy District Attorney dismissed charges against Alameda County Behavioral Health clinician Dr. Neal Edwards, Wellpath nurse David E. Donoho and Alameda County Sheriff’s Deputies Ross Burruel, Andre Gaston, Syear Osmani, Mateusz Laszuk, Troy White and Christopher Haendel.\u003c/p>\n\u003cp>Monk’s sister said the family learned of the prosecutors’ decision on Wednesday — Monk’s birthday.\u003c/p>\n\u003cp>Monk’s family reached a $7 million settlement with Alameda County, but Monk said her family never received an apology.\u003c/p>\n\u003cfigure id=\"attachment_12053168\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12053168\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250821-MONK-HEARING-MD-06-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1334\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250821-MONK-HEARING-MD-06-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250821-MONK-HEARING-MD-06-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250821-MONK-HEARING-MD-06-KQED-1536x1025.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Niaamore Monk holds a banner calling for justice for her father, Maurice Monk, outside the Wiley Manuel Courthouse in Oakland on Aug. 21, 2025. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Before and after the hearing on Thursday, Monk’s children, siblings and supporters rallied outside of the courthouse, holding a banner that said “Justice for Maurice Monk,” and signs with the names of the 11 staff members originally charged.\u003c/p>\n\u003cp>The protesters eyed a small group of Sheriff’s Deputies who stood outside of the hearing. Tiffany Monk said the family was warned there would be several cops at the hearing for protection, but she said it wasn’t made clear to her who they were protecting.\u003c/p>\n\u003cp>“We just want justice,” Monk said. “They’re the one that did something wrong, but y’all are looking at us like we’re the criminals, like we’re about to attack them.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "trump-wants-to-deport-immigrants-accused-of-crimes-california-sheriffs-could-play-a-key-role",
"title": "Trump Wants to Deport Immigrants Accused of Crimes. California Sheriffs Could Play a Key Role",
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"headTitle": "Trump Wants to Deport Immigrants Accused of Crimes. California Sheriffs Could Play a Key Role | KQED",
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"content": "\u003cp>California sheriffs once again find themselves navigating a difficult political calculus on immigration as President \u003ca href=\"https://calmatters.org/tag/donald-trump/\">Donald Trump\u003c/a> begins his second term.\u003c/p>\n\u003cp>They can enforce a state sanctuary law that some of them personally oppose, or they can roll out the welcome mat to federal immigration enforcement authorities whom Trump has promised will carry out the largest deportation program in American history.\u003c/p>\n\u003cp>Some California sheriffs have pledged not to cooperate with federal immigration enforcement authorities, based on their own policies or laws passed by their counties, and will forbid immigration agents from using county personnel, property or databases without a federal warrant.\u003c/p>\n\u003cp>Others said that while California law prevents direct cooperation with U.S. Immigration and Customs Enforcement, immigration authorities are free to use their jail websites and fingerprints databases to identify people of interest.\u003c/p>\n\u003cp>“Several state leaders would prefer we do not have any communication with ICE, however, that is not what (the laws) say,” said Fresno County Sheriff John Zanoni. “ICE may access jail bookings through our public website and fingerprint information put into the national database to identify any incarcerated persons of interest to them.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>And one sheriff, Chad Bianco of Riverside County, said he would work around California law, if he could, to ensure more people are deported.\u003c/p>\n\u003cp>CalMatters attempted to \u003ca href=\"https://calmatters.org/politics/2025/01/california-sheriffs-immigration-ice-tracker/\">contact all 58 sheriff’s offices in California\u003c/a>. Twenty-seven responded by Friday afternoon. Most sheriffs who responded simply said they will follow state law, spelled out in a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB54\">bill passed during the first Trump administration\u003c/a> that limited California law enforcement participation in immigration enforcement.\u003c/p>\n\u003cp>Before Trump’s inauguration today, \u003ca href=\"https://calmatters.org/economy/2025/01/kern-county-immigration-sweep/\">immigration raids in the Central Valley\u003c/a> earlier this month already had undocumented migrants and their families concerned about massive enforcement sweeps on immigrant-dependent industries like agriculture. Trump and cabinet officials from his first term have \u003ca href=\"https://www.newyorker.com/news/the-lede/how-sheriffs-might-power-trumps-deportation-machine\">pledged “targeted arrests”\u003c/a> of undocumented people, and view local law enforcement as “force multipliers” of that effort.\u003c/p>\n\u003cp>California sheriffs could play an influential role in determining whether someone gets arrested and deported because they manage the state’s local jail system, where people suspected of committing crimes are held while awaiting trial. A bill named after a slain Georgia nursing student that is expected to pass in Congress could enhance sheriffs’ sway over \u003ca href=\"https://calmatters.org/tag/immigration/\">immigration enforcement\u003c/a> by prioritizing deportations of undocumented immigrants \u003ca href=\"https://www.axios.com/2025/01/17/laken-riley-act-clears-critical-senate-hurdle\">arrested on suspicion of burglary\u003c/a> and shoplifting, regardless of whether they’re convicted.\u003c/p>\n\u003cp>The majority of sheriffs who responded to a CalMatters inquiry said they were balancing their duties with their need for cooperation from frightened immigrant communities. They worry those communities will shun all law enforcement if they fear deportation based on their immigration status alone.\u003c/p>\n\u003cp>“You don’t know how many calls I’ve gotten from Hispanics in my area that I’ve known, I’ve grown up with, they’re all worried about family members,” said Mendocino County Sheriff Matt Kendall. “I’ve got in-laws through my children calling me because they’re concerned, but let’s look at the ability to actually enforce this crap.\u003c/p>\n\u003cp>“Hell, I’ve got 50 deputies and I can barely keep a lid on crime in a county of 90,000. How are these guys coming out here with all of this ‘We’re gonna deport 10 million people’ or something. No, that’s ridiculous. It’s not gonna happen.”\u003c/p>\n\u003cp>Kendall said he undoubtedly has people in his community who have committed serious crimes and are also undocumented, and wants those people arrested.\u003c/p>\n\u003cp>“If they want to go out and deport all the criminals, knock yourselves out, but let’s pick and choose what’s important and what is not,”he said.\u003c/p>\n\u003cp>One consistent theme: Every sheriff who responded to CalMatters said immigration enforcement isn’t their job. But some of them went further, pledging not to honor immigration holds, while others said they will neither “prevent nor hinder” immigration enforcement agents from doing their jobs.\u003c/p>\n\u003ch2>Sanctuary law divided California sheriffs\u003c/h2>\n\u003cp>When Gov. Jerry Brown signed legislation making California \u003ca href=\"https://apnews.com/general-news-5b325d95a9c548e29b887de8b2303b76%20California%20becomes%20sanctuary%20state%20as%20governor%20signs%20bill\">a sanctuary state\u003c/a> in 2017, barring police from inquiring about people’s immigration status and participating in federal immigration enforcement, the reaction from the Trump administration was immediate.\u003c/p>\n\u003cp>The administration cut off hundreds of millions of dollars in law enforcement grants to sanctuary cities that limited cooperation with federal immigration authorities. The \u003ca href=\"https://www.reuters.com/world/us/exclusive-us-justice-department-ends-trump-era-limits-grants-sanctuary-cities-2021-04-28/\">Biden administration restored the grants\u003c/a> in 2021.\u003c/p>\n\u003cp>Several California sheriffs were outspoken critics of the sanctuary law during Trump’s previous presidency. A group of San Joaquin Valley sheriffs traveled with Trump to the border in 2019, where they endorsed his immigration policies.\u003c/p>\n\u003cp>\u003cimg loading=\"lazy\" decoding=\"async\" class=\"aligncenter size-full wp-image-12023106\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/020323_Mike-Boudreaux_AP_CM_02.jpg\" alt=\"\" width=\"1200\" height=\"800\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/020323_Mike-Boudreaux_AP_CM_02.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/020323_Mike-Boudreaux_AP_CM_02-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/020323_Mike-Boudreaux_AP_CM_02-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/020323_Mike-Boudreaux_AP_CM_02-160x107.jpg 160w\" sizes=\"auto, (max-width: 1200px) 100vw, 1200px\">\u003c/p>\n\u003cp>One of them, Tulare County Sheriff Mike Boudreaux, said he doesn’t agree with California’s sanctuary law, and said any governor who supports it should be removed from office.\u003c/p>\n\u003cp>But Boudreaux said he wants to distinguish between targeted enforcement of “felonious” people, which he supports, and massive immigration raids.\u003c/p>\n\u003cp>“Now, if they come into the area saying, ‘Hey, we’re just going to scoop up as many people as we can that are here illegally,’ we’re not going to do that, because (we) have a community to serve,” Boudreaux said. “If you can separate the difference between that, you should be able to see what I mean.”\u003c/p>\n\u003cp>Boudreaux pledged to keep working with federal immigration authorities within the parameters of California law.\u003c/p>\n\u003cp>“(If) I have a federal counterpart that comes into my county asking for assistance, I’m going to give it to them,” Boudreaux said.\u003c/p>\n\u003cp>Bianco, the Riverside County sheriff and one of Trump’s most outspoken allies in California, took office in 2019. Now, Bianco said he’s ready to work around state law to step up immigration enforcement.\u003c/p>\n\u003cp>“I will do everything in my power to make sure I keep the residents of Riverside County safe,” Bianco \u003ca href=\"https://www.foxla.com/news/how-local-sheriffs-plan-trumps-immigration-policy\">said to KTTV-TV in November\u003c/a>. “If that involves working somehow around (California’s sanctuary law) with ICE so we can deport these people victimizing us and our residents, you can be 100% sure I’m going to do that.”\u003c/p>\n\u003ch2>Immigrant advocates watching sheriffs\u003c/h2>\n\u003cp>Eva Bitran, Immigrants’ Rights project coordinator at the American Civil Liberties Union of Southern California, said her organization would be watching for violations of the state sanctuary law, which would typically involve police calling federal immigration authorities at jails or during arrests.\u003c/p>\n\u003cp>That’s what happened to Daniel Valenzuela in 2019, when Corona police interrogated him about his immigration status during a traffic stop, then transferred him to U.S. Customs and Border Protection agents. Valenzuela was then deported.\u003c/p>\n\u003cp>The ACLU sued the city of Corona, which paid Valenzuela a \u003ca href=\"https://www.aclusocal.org/en/press-releases/city-corona-pay-settlement-man-turned-over-border-agents\">$35,000 settlement\u003c/a>.\u003c/p>\n\u003cp>“Our expectation is that the sheriffs will follow the law,” Bitran said. “We will be watching to ensure they do so.”\u003c/p>\n\u003cfigure id=\"attachment_12023107\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12023107\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/072623_Movimiento_Juventud_Migrants_AH_CM_03.jpg\" alt=\"\" width=\"1200\" height=\"800\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/072623_Movimiento_Juventud_Migrants_AH_CM_03.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/072623_Movimiento_Juventud_Migrants_AH_CM_03-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/072623_Movimiento_Juventud_Migrants_AH_CM_03-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/072623_Movimiento_Juventud_Migrants_AH_CM_03-160x107.jpg 160w\" sizes=\"auto, (max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">Migrants wait to receive toiletry items at Moviemiento Juventud 2000 in Tijuana on July 26, 2023. \u003ccite>(Adriana Heldiz/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In 2020, Los Angeles County banned the warrantless transfer of inmates to immigration enforcement custody. Los Angeles County Sheriff Robert Luna said his department does not honor immigration detainers unless presented with a federal warrant.\u003c/p>\n\u003cp>[aside tag='immigration' label='More Immigration Coverage']\u003c/p>\n\u003cp>Between 2018 and 2023, the last date for which data was available, there were \u003ca href=\"https://data-openjustice.doj.ca.gov/sites/default/files/dataset/2024-07/SB54%20Transfers%202018-2023_07022024.csv\">4,192 transfers of people\u003c/a> from California jails to immigration authorities.\u003c/p>\n\u003cp>But it’s street enforcement that has people worried in both the Central Valley and downtown Oakland, where the Alameda County Sheriff’s Office is already trying to tamp down rumors of immigration raids.\u003c/p>\n\u003cp>“We want to assure you that this information is false,” said Alameda County Sheriff’s Sgt. Roberto Morales. “This information has caused panic and anxiety in our communities.\u003c/p>\n\u003cp>“While we respect criminal warrants issued by a judge, Sheriff’s Office personnel do not comply with administrative immigration warrants. Importantly, we believe that local law enforcement involvement in ICE deportation operations undermines our community policing strategies and depletes local resources.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>CalMatters reporter Cayla Mihalovich contributed to this story.\u003c/em>\u003c/p>\n\n",
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"excerpt": "President Donald Trump wants to deport undocumented immigrants arrested on suspicion of various crimes. That could put sheriffs overseeing California jails in conflict with the state’s sanctuary law.",
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"title": "Trump Wants to Deport Immigrants Accused of Crimes. California Sheriffs Could Play a Key Role | KQED",
"description": "President Donald Trump wants to deport undocumented immigrants arrested on suspicion of various crimes. That could put sheriffs overseeing California jails in conflict with the state’s sanctuary law.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California sheriffs once again find themselves navigating a difficult political calculus on immigration as President \u003ca href=\"https://calmatters.org/tag/donald-trump/\">Donald Trump\u003c/a> begins his second term.\u003c/p>\n\u003cp>They can enforce a state sanctuary law that some of them personally oppose, or they can roll out the welcome mat to federal immigration enforcement authorities whom Trump has promised will carry out the largest deportation program in American history.\u003c/p>\n\u003cp>Some California sheriffs have pledged not to cooperate with federal immigration enforcement authorities, based on their own policies or laws passed by their counties, and will forbid immigration agents from using county personnel, property or databases without a federal warrant.\u003c/p>\n\u003cp>Others said that while California law prevents direct cooperation with U.S. Immigration and Customs Enforcement, immigration authorities are free to use their jail websites and fingerprints databases to identify people of interest.\u003c/p>\n\u003cp>“Several state leaders would prefer we do not have any communication with ICE, however, that is not what (the laws) say,” said Fresno County Sheriff John Zanoni. “ICE may access jail bookings through our public website and fingerprint information put into the national database to identify any incarcerated persons of interest to them.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>And one sheriff, Chad Bianco of Riverside County, said he would work around California law, if he could, to ensure more people are deported.\u003c/p>\n\u003cp>CalMatters attempted to \u003ca href=\"https://calmatters.org/politics/2025/01/california-sheriffs-immigration-ice-tracker/\">contact all 58 sheriff’s offices in California\u003c/a>. Twenty-seven responded by Friday afternoon. Most sheriffs who responded simply said they will follow state law, spelled out in a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB54\">bill passed during the first Trump administration\u003c/a> that limited California law enforcement participation in immigration enforcement.\u003c/p>\n\u003cp>Before Trump’s inauguration today, \u003ca href=\"https://calmatters.org/economy/2025/01/kern-county-immigration-sweep/\">immigration raids in the Central Valley\u003c/a> earlier this month already had undocumented migrants and their families concerned about massive enforcement sweeps on immigrant-dependent industries like agriculture. Trump and cabinet officials from his first term have \u003ca href=\"https://www.newyorker.com/news/the-lede/how-sheriffs-might-power-trumps-deportation-machine\">pledged “targeted arrests”\u003c/a> of undocumented people, and view local law enforcement as “force multipliers” of that effort.\u003c/p>\n\u003cp>California sheriffs could play an influential role in determining whether someone gets arrested and deported because they manage the state’s local jail system, where people suspected of committing crimes are held while awaiting trial. A bill named after a slain Georgia nursing student that is expected to pass in Congress could enhance sheriffs’ sway over \u003ca href=\"https://calmatters.org/tag/immigration/\">immigration enforcement\u003c/a> by prioritizing deportations of undocumented immigrants \u003ca href=\"https://www.axios.com/2025/01/17/laken-riley-act-clears-critical-senate-hurdle\">arrested on suspicion of burglary\u003c/a> and shoplifting, regardless of whether they’re convicted.\u003c/p>\n\u003cp>The majority of sheriffs who responded to a CalMatters inquiry said they were balancing their duties with their need for cooperation from frightened immigrant communities. They worry those communities will shun all law enforcement if they fear deportation based on their immigration status alone.\u003c/p>\n\u003cp>“You don’t know how many calls I’ve gotten from Hispanics in my area that I’ve known, I’ve grown up with, they’re all worried about family members,” said Mendocino County Sheriff Matt Kendall. “I’ve got in-laws through my children calling me because they’re concerned, but let’s look at the ability to actually enforce this crap.\u003c/p>\n\u003cp>“Hell, I’ve got 50 deputies and I can barely keep a lid on crime in a county of 90,000. How are these guys coming out here with all of this ‘We’re gonna deport 10 million people’ or something. No, that’s ridiculous. It’s not gonna happen.”\u003c/p>\n\u003cp>Kendall said he undoubtedly has people in his community who have committed serious crimes and are also undocumented, and wants those people arrested.\u003c/p>\n\u003cp>“If they want to go out and deport all the criminals, knock yourselves out, but let’s pick and choose what’s important and what is not,”he said.\u003c/p>\n\u003cp>One consistent theme: Every sheriff who responded to CalMatters said immigration enforcement isn’t their job. But some of them went further, pledging not to honor immigration holds, while others said they will neither “prevent nor hinder” immigration enforcement agents from doing their jobs.\u003c/p>\n\u003ch2>Sanctuary law divided California sheriffs\u003c/h2>\n\u003cp>When Gov. Jerry Brown signed legislation making California \u003ca href=\"https://apnews.com/general-news-5b325d95a9c548e29b887de8b2303b76%20California%20becomes%20sanctuary%20state%20as%20governor%20signs%20bill\">a sanctuary state\u003c/a> in 2017, barring police from inquiring about people’s immigration status and participating in federal immigration enforcement, the reaction from the Trump administration was immediate.\u003c/p>\n\u003cp>The administration cut off hundreds of millions of dollars in law enforcement grants to sanctuary cities that limited cooperation with federal immigration authorities. The \u003ca href=\"https://www.reuters.com/world/us/exclusive-us-justice-department-ends-trump-era-limits-grants-sanctuary-cities-2021-04-28/\">Biden administration restored the grants\u003c/a> in 2021.\u003c/p>\n\u003cp>Several California sheriffs were outspoken critics of the sanctuary law during Trump’s previous presidency. A group of San Joaquin Valley sheriffs traveled with Trump to the border in 2019, where they endorsed his immigration policies.\u003c/p>\n\u003cp>\u003cimg loading=\"lazy\" decoding=\"async\" class=\"aligncenter size-full wp-image-12023106\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/020323_Mike-Boudreaux_AP_CM_02.jpg\" alt=\"\" width=\"1200\" height=\"800\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/020323_Mike-Boudreaux_AP_CM_02.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/020323_Mike-Boudreaux_AP_CM_02-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/020323_Mike-Boudreaux_AP_CM_02-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/020323_Mike-Boudreaux_AP_CM_02-160x107.jpg 160w\" sizes=\"auto, (max-width: 1200px) 100vw, 1200px\">\u003c/p>\n\u003cp>One of them, Tulare County Sheriff Mike Boudreaux, said he doesn’t agree with California’s sanctuary law, and said any governor who supports it should be removed from office.\u003c/p>\n\u003cp>But Boudreaux said he wants to distinguish between targeted enforcement of “felonious” people, which he supports, and massive immigration raids.\u003c/p>\n\u003cp>“Now, if they come into the area saying, ‘Hey, we’re just going to scoop up as many people as we can that are here illegally,’ we’re not going to do that, because (we) have a community to serve,” Boudreaux said. “If you can separate the difference between that, you should be able to see what I mean.”\u003c/p>\n\u003cp>Boudreaux pledged to keep working with federal immigration authorities within the parameters of California law.\u003c/p>\n\u003cp>“(If) I have a federal counterpart that comes into my county asking for assistance, I’m going to give it to them,” Boudreaux said.\u003c/p>\n\u003cp>Bianco, the Riverside County sheriff and one of Trump’s most outspoken allies in California, took office in 2019. Now, Bianco said he’s ready to work around state law to step up immigration enforcement.\u003c/p>\n\u003cp>“I will do everything in my power to make sure I keep the residents of Riverside County safe,” Bianco \u003ca href=\"https://www.foxla.com/news/how-local-sheriffs-plan-trumps-immigration-policy\">said to KTTV-TV in November\u003c/a>. “If that involves working somehow around (California’s sanctuary law) with ICE so we can deport these people victimizing us and our residents, you can be 100% sure I’m going to do that.”\u003c/p>\n\u003ch2>Immigrant advocates watching sheriffs\u003c/h2>\n\u003cp>Eva Bitran, Immigrants’ Rights project coordinator at the American Civil Liberties Union of Southern California, said her organization would be watching for violations of the state sanctuary law, which would typically involve police calling federal immigration authorities at jails or during arrests.\u003c/p>\n\u003cp>That’s what happened to Daniel Valenzuela in 2019, when Corona police interrogated him about his immigration status during a traffic stop, then transferred him to U.S. Customs and Border Protection agents. Valenzuela was then deported.\u003c/p>\n\u003cp>The ACLU sued the city of Corona, which paid Valenzuela a \u003ca href=\"https://www.aclusocal.org/en/press-releases/city-corona-pay-settlement-man-turned-over-border-agents\">$35,000 settlement\u003c/a>.\u003c/p>\n\u003cp>“Our expectation is that the sheriffs will follow the law,” Bitran said. “We will be watching to ensure they do so.”\u003c/p>\n\u003cfigure id=\"attachment_12023107\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12023107\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/072623_Movimiento_Juventud_Migrants_AH_CM_03.jpg\" alt=\"\" width=\"1200\" height=\"800\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/072623_Movimiento_Juventud_Migrants_AH_CM_03.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/072623_Movimiento_Juventud_Migrants_AH_CM_03-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/072623_Movimiento_Juventud_Migrants_AH_CM_03-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/072623_Movimiento_Juventud_Migrants_AH_CM_03-160x107.jpg 160w\" sizes=\"auto, (max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">Migrants wait to receive toiletry items at Moviemiento Juventud 2000 in Tijuana on July 26, 2023. \u003ccite>(Adriana Heldiz/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In 2020, Los Angeles County banned the warrantless transfer of inmates to immigration enforcement custody. Los Angeles County Sheriff Robert Luna said his department does not honor immigration detainers unless presented with a federal warrant.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Between 2018 and 2023, the last date for which data was available, there were \u003ca href=\"https://data-openjustice.doj.ca.gov/sites/default/files/dataset/2024-07/SB54%20Transfers%202018-2023_07022024.csv\">4,192 transfers of people\u003c/a> from California jails to immigration authorities.\u003c/p>\n\u003cp>But it’s street enforcement that has people worried in both the Central Valley and downtown Oakland, where the Alameda County Sheriff’s Office is already trying to tamp down rumors of immigration raids.\u003c/p>\n\u003cp>“We want to assure you that this information is false,” said Alameda County Sheriff’s Sgt. Roberto Morales. “This information has caused panic and anxiety in our communities.\u003c/p>\n\u003cp>“While we respect criminal warrants issued by a judge, Sheriff’s Office personnel do not comply with administrative immigration warrants. Importantly, we believe that local law enforcement involvement in ICE deportation operations undermines our community policing strategies and depletes local resources.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>CalMatters reporter Cayla Mihalovich contributed to this story.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "officers-defense-mario-gonzalez-case-claims-das-office-withholding-key-evidence",
"title": "Officer's Defense in Mario Gonzalez Case Claims DA's Office Is Withholding Key Evidence",
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"headTitle": "Officer’s Defense in Mario Gonzalez Case Claims DA’s Office Is Withholding Key Evidence | KQED",
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"content": "\u003cp>\u003cem>Updated 3:30 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>Attorneys representing the only Alameda police officer still facing charges in the 2021 death of \u003ca href=\"https://www.kqed.org/news/tag/mario-gonzalez\">Mario Gonzalez\u003c/a> argued in an explosive motion this week that a forensic pathologist who is central to the case recently met with the district attorney’s office and made statements critical of the prosecution.\u003c/p>\n\u003cp>In court Friday, Officer Eric McKinley’s defense lawyers argued a motion that accuses the Alameda County district attorney’s office of withholding information that could exonerate their client. Among that information is a meeting the district attorney’s office had with independent pathologist Dr. Bennet Omalu — who conducted an autopsy on Gonzalez — in which he said he “believes this case to be a ‘political’ prosecution,” according to the \u003ca href=\"https://www.documentcloud.org/documents/25448162-241204-def-reply-in-further-support-of-motion-to-compel-final/\">defense motion\u003c/a>. Omalu also said the officers did not commit criminal misconduct and should not be prosecuted, the motion says.\u003c/p>\n\u003cp>The judge took arguments under submission, indicating he would rule later on whether the prosecution needs to provide McKinley’s defense attorneys with copies of Omalu’s statements.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Edith Arenales, Gonzalez’s mother, felt at a loss after the hearing.\u003c/p>\n\u003cp>“What can I say? I believe in God, and I’m still hoping they check the second autopsy, they find out a lot of stuff completely different from what they say, so it is what it is,” she told KQED.\u003c/p>\n\u003cp>An attorney representing Omalu said he “wishes to have no involvement in this matter.” Omalu also issued a \u003ca href=\"https://www.documentcloud.org/documents/25448254-omalu-press-release/\">written statement\u003c/a> explaining that he did not expect his findings to be used in a criminal prosecution and that he does not wish to testify in the case because the criminal prosecution “goes against his core personal and religious beliefs and values.”\u003c/p>\n\u003cp>McKinley is arguing that the prosecution has unnecessarily stalled discovery in the case in other ways as well, indefinitely delaying an important preliminary hearing that had been set for earlier this week.\u003c/p>\n\u003cp>The district attorney’s office declined to comment on the defense allegations. Arguing in court Friday, an Alameda County prosecutor said Omalu “has feelings about the case but he stands by his report.” The prosecution also argued that Omalu never contradicted his findings on the cause of Gonzalez’s death, which he determined was asphyxiation from being physically restrained.\u003c/p>\n\u003cfigure id=\"attachment_11737466\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11737466\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/04/RS36314__DSC7507-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/04/RS36314__DSC7507-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/04/RS36314__DSC7507-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/04/RS36314__DSC7507-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/04/RS36314__DSC7507-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/04/RS36314__DSC7507-qut-1200x800.jpg 1200w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">The Rene C. Davidson Alameda County Superior Court House on March 2, 2019. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>McKinley was charged with felony involuntary manslaughter by District Attorney Pamela Price in April, reversing her predecessor Nancy O’Malley’s findings of no criminal wrongdoing by officers. The same charges were also brought against two other officers involved in Gonzalez’s death, but they were dismissed in October after filing errors by the district attorney’s office allowed the statute of limitations to expire.\u003c/p>\n\u003cp>What will happen to the case now that Price has been recalled from office is unknown. Whoever is selected as the new district attorney by the Board of Supervisors will have the power to drop the case if they see fit.\u003c/p>\n\u003cp>“It is so sad for me to hear that it can be or cannot, but that is why we are here, not only me, but the family of Steven Taylor, another victim of police brutality,” Arenales said. “I’m scared for real though when I hear that they can drop the case because they’re not supposed to have to drop it because they have good evidence.”\u003c/p>\n\u003cp>Gonzalez, 26, was unarmed when McKinley along with officers James Fisher and Cameron Leahy approached him in an Alameda park on April 19, 2021, responding to 911 calls about a man behaving erratically. Body camera footage shows the officers attempting to detain Gonzalez, eventually taking him to the ground and pinning him down on his stomach.[aside postID=news_12011106 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/04/RS48718_037_Alameda_MarioGonzalezVigil_04212021-qut-1020x680.jpg']Gonzalez is shown murmuring to himself as the officers hold him down. At least one officer was shown pressing an elbow and knee into Gonzalez’s back and shoulder.\u003c/p>\n\u003cp>When Gonzalez became unresponsive after being held down for several minutes, the officers rolled him onto his side. He had stopped breathing, and the officers administered CPR in addition to two doses of Narcan. Gonzalez was eventually taken to the hospital and declared dead.\u003c/p>\n\u003cp>An initial autopsy report released by the Alameda County coroner declared Gonzalez’s death a homicide but cited methamphetamine toxicity, obesity, alcoholism and stress as the primary causes behind his cardiac arrest.\u003c/p>\n\u003cp>A second autopsy, which was conducted independently by Omalu at the request of Gonzalez’s family, showed differently, however. According to that \u003ca href=\"https://www.documentcloud.org/documents/21748401-mario-gonzalez-second-autopsy-report011522/\">autopsy report\u003c/a>, Gonzalez’s death was caused by “restraint asphyxiation.”\u003c/p>\n\u003cp>“If not for his asphyxial brain injury, Mr. Gonzalez-Arenales, more likely than not, would not have died and was not expected to die on April 19, 2021,” the report says.\u003c/p>\n\u003cp>McKinley’s defense argues those findings by Omalu led to an official determination that officers used unreasonable or excessive force when they pinned Gonzalez to the ground. And if Omalu disputes the prosecution’s interpretation of his findings, it could undermine a central piece of the case.\u003c/p>\n\u003cp>“The People’s failure to disclose even the existence of such a meeting with a witness as critical to the People’s fundamental theory of guilt as Dr. Omalu is emblematic of the People’s utter disregard for their duties,” the defense motion says.\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "According to Alameda Officer Eric McKinley’s attorneys, a forensic pathologist whose autopsy findings are central to the case recently said he believes officers didn’t commit a crime and called the prosecution 'political.'",
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"title": "Officer's Defense in Mario Gonzalez Case Claims DA's Office Is Withholding Key Evidence | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 3:30 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>Attorneys representing the only Alameda police officer still facing charges in the 2021 death of \u003ca href=\"https://www.kqed.org/news/tag/mario-gonzalez\">Mario Gonzalez\u003c/a> argued in an explosive motion this week that a forensic pathologist who is central to the case recently met with the district attorney’s office and made statements critical of the prosecution.\u003c/p>\n\u003cp>In court Friday, Officer Eric McKinley’s defense lawyers argued a motion that accuses the Alameda County district attorney’s office of withholding information that could exonerate their client. Among that information is a meeting the district attorney’s office had with independent pathologist Dr. Bennet Omalu — who conducted an autopsy on Gonzalez — in which he said he “believes this case to be a ‘political’ prosecution,” according to the \u003ca href=\"https://www.documentcloud.org/documents/25448162-241204-def-reply-in-further-support-of-motion-to-compel-final/\">defense motion\u003c/a>. Omalu also said the officers did not commit criminal misconduct and should not be prosecuted, the motion says.\u003c/p>\n\u003cp>The judge took arguments under submission, indicating he would rule later on whether the prosecution needs to provide McKinley’s defense attorneys with copies of Omalu’s statements.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Edith Arenales, Gonzalez’s mother, felt at a loss after the hearing.\u003c/p>\n\u003cp>“What can I say? I believe in God, and I’m still hoping they check the second autopsy, they find out a lot of stuff completely different from what they say, so it is what it is,” she told KQED.\u003c/p>\n\u003cp>An attorney representing Omalu said he “wishes to have no involvement in this matter.” Omalu also issued a \u003ca href=\"https://www.documentcloud.org/documents/25448254-omalu-press-release/\">written statement\u003c/a> explaining that he did not expect his findings to be used in a criminal prosecution and that he does not wish to testify in the case because the criminal prosecution “goes against his core personal and religious beliefs and values.”\u003c/p>\n\u003cp>McKinley is arguing that the prosecution has unnecessarily stalled discovery in the case in other ways as well, indefinitely delaying an important preliminary hearing that had been set for earlier this week.\u003c/p>\n\u003cp>The district attorney’s office declined to comment on the defense allegations. Arguing in court Friday, an Alameda County prosecutor said Omalu “has feelings about the case but he stands by his report.” The prosecution also argued that Omalu never contradicted his findings on the cause of Gonzalez’s death, which he determined was asphyxiation from being physically restrained.\u003c/p>\n\u003cfigure id=\"attachment_11737466\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11737466\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/04/RS36314__DSC7507-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/04/RS36314__DSC7507-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/04/RS36314__DSC7507-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/04/RS36314__DSC7507-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/04/RS36314__DSC7507-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/04/RS36314__DSC7507-qut-1200x800.jpg 1200w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">The Rene C. Davidson Alameda County Superior Court House on March 2, 2019. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>McKinley was charged with felony involuntary manslaughter by District Attorney Pamela Price in April, reversing her predecessor Nancy O’Malley’s findings of no criminal wrongdoing by officers. The same charges were also brought against two other officers involved in Gonzalez’s death, but they were dismissed in October after filing errors by the district attorney’s office allowed the statute of limitations to expire.\u003c/p>\n\u003cp>What will happen to the case now that Price has been recalled from office is unknown. Whoever is selected as the new district attorney by the Board of Supervisors will have the power to drop the case if they see fit.\u003c/p>\n\u003cp>“It is so sad for me to hear that it can be or cannot, but that is why we are here, not only me, but the family of Steven Taylor, another victim of police brutality,” Arenales said. “I’m scared for real though when I hear that they can drop the case because they’re not supposed to have to drop it because they have good evidence.”\u003c/p>\n\u003cp>Gonzalez, 26, was unarmed when McKinley along with officers James Fisher and Cameron Leahy approached him in an Alameda park on April 19, 2021, responding to 911 calls about a man behaving erratically. Body camera footage shows the officers attempting to detain Gonzalez, eventually taking him to the ground and pinning him down on his stomach.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Gonzalez is shown murmuring to himself as the officers hold him down. At least one officer was shown pressing an elbow and knee into Gonzalez’s back and shoulder.\u003c/p>\n\u003cp>When Gonzalez became unresponsive after being held down for several minutes, the officers rolled him onto his side. He had stopped breathing, and the officers administered CPR in addition to two doses of Narcan. Gonzalez was eventually taken to the hospital and declared dead.\u003c/p>\n\u003cp>An initial autopsy report released by the Alameda County coroner declared Gonzalez’s death a homicide but cited methamphetamine toxicity, obesity, alcoholism and stress as the primary causes behind his cardiac arrest.\u003c/p>\n\u003cp>A second autopsy, which was conducted independently by Omalu at the request of Gonzalez’s family, showed differently, however. According to that \u003ca href=\"https://www.documentcloud.org/documents/21748401-mario-gonzalez-second-autopsy-report011522/\">autopsy report\u003c/a>, Gonzalez’s death was caused by “restraint asphyxiation.”\u003c/p>\n\u003cp>“If not for his asphyxial brain injury, Mr. Gonzalez-Arenales, more likely than not, would not have died and was not expected to die on April 19, 2021,” the report says.\u003c/p>\n\u003cp>McKinley’s defense argues those findings by Omalu led to an official determination that officers used unreasonable or excessive force when they pinned Gonzalez to the ground. And if Omalu disputes the prosecution’s interpretation of his findings, it could undermine a central piece of the case.\u003c/p>\n\u003cp>“The People’s failure to disclose even the existence of such a meeting with a witness as critical to the People’s fundamental theory of guilt as Dr. Omalu is emblematic of the People’s utter disregard for their duties,” the defense motion says.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "11-charged-in-alameda-county-jail-death-but-recall-leaves-case-up-in-the-air",
"title": "11 Charged in Alameda County Jail Death, But Recall Leaves Case Up in the Air",
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"headTitle": "11 Charged in Alameda County Jail Death, But Recall Leaves Case Up in the Air | KQED",
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"content": "\u003cp>Eleven staffers at \u003ca href=\"https://www.kqed.org/news/tag/santa-rita-jail\">Santa Rita Jail\u003c/a> have been charged with felonies in connection to the 2021 death of a man who was incarcerated there and allegedly left unresponsive for days.\u003c/p>\n\u003cp>Maurice Monk, 45, died in his cell after days of not receiving adequate care or necessary medication from staff at the Dublin jail notorious for \u003ca href=\"https://www.kqed.org/news/11945438/community-and-civil-rights-groups-hold-vigil-and-rally-over-recent-deaths-at-santa-rita-jail\">poor and dangerous conditions\u003c/a>, according to his family’s lawyer. At least 66 people have died there since 2014, some from overdoses and others from lack of care.\u003c/p>\n\u003cp>The charges of dependent adult abuse against nine jail deputies and two health care workers were filed last week. Three of the deputies were also charged with falsifying documents.\u003c/p>\n\u003cp>“[Monk’s] family is optimistic that they’ll finally have these officers and medical professionals held responsible and accountable for a death that easily could have been prevented if not for their indifference and callousness that they displayed,” Adanté Pointer, the family’s lawyer, told KQED.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The family reached a $7 million settlement with Alameda County last year after filing a federal civil rights lawsuit. Pointer said the lawsuit revealed the true circumstances of Monk’s death. His family was originally told that he had died of natural causes.\u003c/p>\n\u003cp>“No one told them that he had been allowed to stew in his own excrement,” Pointer said. “No one told the family that the guards and the medical professionals were just throwing medications into his cell and not asking or checking in on him as if he was some animal at the zoo.”\u003c/p>\n\u003cfigure id=\"attachment_11918236\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11918236\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS56996_GettyImages-1321825234-qut.jpg\" alt=\"A blue door framed by a fence with a sign at the top saying "Alameda County Sheriff's Office"\" width=\"1920\" height=\"1155\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS56996_GettyImages-1321825234-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS56996_GettyImages-1321825234-qut-800x481.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS56996_GettyImages-1321825234-qut-1020x614.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS56996_GettyImages-1321825234-qut-160x96.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS56996_GettyImages-1321825234-qut-1536x924.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">The intake, transfer and release area at the Santa Rita Jail in Dublin on Aug. 4, 2016. \u003ccite>(Michael Macor/The San Francisco Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The charges, filed nearly three years after Monk’s death on Nov. 15, 2021, come as District Attorney Pamela Price \u003ca href=\"https://www.kqed.org/news/12013442/alameda-county-voters-recall-district-attorney-pamela-price\">has been recalled\u003c/a> by more than 65% of Alameda County voters. She will be ousted once the election is certified, sometime before the Dec. 5 deadline.\u003c/p>\n\u003cp>What will happen to the case at that point is unclear. Pointer noted that after San Francisco voters recalled District Attorney Chesa Boudin in 2022, Brooke Jenkins \u003ca href=\"https://www.kqed.org/news/11940624/blaming-boudin-sf-d-a-brooke-jenkins-wants-to-dismiss-historic-case-against-sfpd-officer-who-killed-keita-oneil\">has not prosecuted\u003c/a> some officers charged with misconduct \u003ca href=\"https://www.kqed.org/news/11926200/the-doors-been-shut-aunt-of-man-killed-by-sfpd-says-first-meeting-with-da-jenkins-hints-at-lighter-touch-to-prosecuting-police\">under his tenure\u003c/a>.\u003c/p>\n\u003cp>If the Board of Supervisors were to appoint a district attorney committed to the “status quo” in Alameda County, he said, it’s possible the prosecution of the Santa Rita Jail staffers would not move forward.\u003c/p>\n\u003cp>“They’re charting the course of criminal justice here in Alameda County, and I would hope that they do not play politics with their selection,” Pointer said.\u003c/p>\n\u003cp>[aside postID=news_12011106 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/04/RS48718_037_Alameda_MarioGonzalezVigil_04212021-qut-1020x680.jpg']\u003c/p>\n\u003cp>The district attorney’s office did not immediately reply to a request for comment.\u003c/p>\n\u003cp>Charges were filed just days before the case would have been outside of California’s statute of limitations for most felonies, which is three years. Two cases filed by Price’s office against Alameda police officers charged in the death of Mario Gonzalez were \u003ca href=\"https://www.kqed.org/news/12009076/mario-gonzalez-supporters-call-das-error-a-shame-as-2-officers-avoid-charges\">recently dropped\u003c/a> after a judge ruled that it had missed the filing deadline. The \u003ca href=\"https://www.kqed.org/news/12011106/alameda-officer-facing-charges-mario-gonzalez-death-pleads-not-guilty\">third officer\u003c/a> is still facing trial for the death of the unarmed man who was pinned to the ground by at least one officer in an Alameda park in 2021.\u003c/p>\n\u003cp>The deputies charged with dependent adult abuse in Monk’s death are Donall Chauncey Rowe, Thomas Mowrer, Ross Ohalloran Burruel, Robinderpal Singh Hayer, Andre Gaston, Troy Hershel White, Syear Osmani, Mateusz Laszuk and Christopher J. Haendel. Dr. Neal Edwards of Alameda County Forensic Behavioral Health and nurse David Everett Donoho of Wellpath, a private prison health care company, face the same charges.\u003c/p>\n\u003cp>Osmani, Hayer and White are also accused of falsifying official documents.\u003c/p>\n\u003cp>Wellpath’s director of external communications said the company was aware of the charges but could not comment on the situation further. Lawyers for the deputies didn’t respond to a request for comment by the time of publication.\u003c/p>\n\u003cp>As of midday Wednesday, none appeared in the Alameda County jail log.\u003c/p>\n\u003cp>Despite the uncertainty hanging over the case, Pointer hopes it will continue past Price’s tenure, sending a message to the embattled detention center.\u003c/p>\n\u003cp>“We’re hopeful that by way of the criminal prosecution that it serves notice that Santa Rita Jail must shape up, that the community will not stand by and watch their loved ones receive substandard treatment and allow all the deaths to continue,” he said.\u003c/p>\n\u003cp>\u003cem>KQED’s \u003ca href=\"https://www.kqed.org/author/rcooke\">Riley Cooke\u003c/a> contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "In her final days in office, District Attorney Pamela Price charged nine Santa Rita Jail deputies and two health care workers over the 2021 death of Maurice Monk.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Eleven staffers at \u003ca href=\"https://www.kqed.org/news/tag/santa-rita-jail\">Santa Rita Jail\u003c/a> have been charged with felonies in connection to the 2021 death of a man who was incarcerated there and allegedly left unresponsive for days.\u003c/p>\n\u003cp>Maurice Monk, 45, died in his cell after days of not receiving adequate care or necessary medication from staff at the Dublin jail notorious for \u003ca href=\"https://www.kqed.org/news/11945438/community-and-civil-rights-groups-hold-vigil-and-rally-over-recent-deaths-at-santa-rita-jail\">poor and dangerous conditions\u003c/a>, according to his family’s lawyer. At least 66 people have died there since 2014, some from overdoses and others from lack of care.\u003c/p>\n\u003cp>The charges of dependent adult abuse against nine jail deputies and two health care workers were filed last week. Three of the deputies were also charged with falsifying documents.\u003c/p>\n\u003cp>“[Monk’s] family is optimistic that they’ll finally have these officers and medical professionals held responsible and accountable for a death that easily could have been prevented if not for their indifference and callousness that they displayed,” Adanté Pointer, the family’s lawyer, told KQED.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The family reached a $7 million settlement with Alameda County last year after filing a federal civil rights lawsuit. Pointer said the lawsuit revealed the true circumstances of Monk’s death. His family was originally told that he had died of natural causes.\u003c/p>\n\u003cp>“No one told them that he had been allowed to stew in his own excrement,” Pointer said. “No one told the family that the guards and the medical professionals were just throwing medications into his cell and not asking or checking in on him as if he was some animal at the zoo.”\u003c/p>\n\u003cfigure id=\"attachment_11918236\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11918236\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS56996_GettyImages-1321825234-qut.jpg\" alt=\"A blue door framed by a fence with a sign at the top saying "Alameda County Sheriff's Office"\" width=\"1920\" height=\"1155\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS56996_GettyImages-1321825234-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS56996_GettyImages-1321825234-qut-800x481.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS56996_GettyImages-1321825234-qut-1020x614.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS56996_GettyImages-1321825234-qut-160x96.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/RS56996_GettyImages-1321825234-qut-1536x924.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">The intake, transfer and release area at the Santa Rita Jail in Dublin on Aug. 4, 2016. \u003ccite>(Michael Macor/The San Francisco Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The charges, filed nearly three years after Monk’s death on Nov. 15, 2021, come as District Attorney Pamela Price \u003ca href=\"https://www.kqed.org/news/12013442/alameda-county-voters-recall-district-attorney-pamela-price\">has been recalled\u003c/a> by more than 65% of Alameda County voters. She will be ousted once the election is certified, sometime before the Dec. 5 deadline.\u003c/p>\n\u003cp>What will happen to the case at that point is unclear. Pointer noted that after San Francisco voters recalled District Attorney Chesa Boudin in 2022, Brooke Jenkins \u003ca href=\"https://www.kqed.org/news/11940624/blaming-boudin-sf-d-a-brooke-jenkins-wants-to-dismiss-historic-case-against-sfpd-officer-who-killed-keita-oneil\">has not prosecuted\u003c/a> some officers charged with misconduct \u003ca href=\"https://www.kqed.org/news/11926200/the-doors-been-shut-aunt-of-man-killed-by-sfpd-says-first-meeting-with-da-jenkins-hints-at-lighter-touch-to-prosecuting-police\">under his tenure\u003c/a>.\u003c/p>\n\u003cp>If the Board of Supervisors were to appoint a district attorney committed to the “status quo” in Alameda County, he said, it’s possible the prosecution of the Santa Rita Jail staffers would not move forward.\u003c/p>\n\u003cp>“They’re charting the course of criminal justice here in Alameda County, and I would hope that they do not play politics with their selection,” Pointer said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The district attorney’s office did not immediately reply to a request for comment.\u003c/p>\n\u003cp>Charges were filed just days before the case would have been outside of California’s statute of limitations for most felonies, which is three years. Two cases filed by Price’s office against Alameda police officers charged in the death of Mario Gonzalez were \u003ca href=\"https://www.kqed.org/news/12009076/mario-gonzalez-supporters-call-das-error-a-shame-as-2-officers-avoid-charges\">recently dropped\u003c/a> after a judge ruled that it had missed the filing deadline. The \u003ca href=\"https://www.kqed.org/news/12011106/alameda-officer-facing-charges-mario-gonzalez-death-pleads-not-guilty\">third officer\u003c/a> is still facing trial for the death of the unarmed man who was pinned to the ground by at least one officer in an Alameda park in 2021.\u003c/p>\n\u003cp>The deputies charged with dependent adult abuse in Monk’s death are Donall Chauncey Rowe, Thomas Mowrer, Ross Ohalloran Burruel, Robinderpal Singh Hayer, Andre Gaston, Troy Hershel White, Syear Osmani, Mateusz Laszuk and Christopher J. Haendel. Dr. Neal Edwards of Alameda County Forensic Behavioral Health and nurse David Everett Donoho of Wellpath, a private prison health care company, face the same charges.\u003c/p>\n\u003cp>Osmani, Hayer and White are also accused of falsifying official documents.\u003c/p>\n\u003cp>Wellpath’s director of external communications said the company was aware of the charges but could not comment on the situation further. Lawyers for the deputies didn’t respond to a request for comment by the time of publication.\u003c/p>\n\u003cp>As of midday Wednesday, none appeared in the Alameda County jail log.\u003c/p>\n\u003cp>Despite the uncertainty hanging over the case, Pointer hopes it will continue past Price’s tenure, sending a message to the embattled detention center.\u003c/p>\n\u003cp>“We’re hopeful that by way of the criminal prosecution that it serves notice that Santa Rita Jail must shape up, that the community will not stand by and watch their loved ones receive substandard treatment and allow all the deaths to continue,” he said.\u003c/p>\n\u003cp>\u003cem>KQED’s \u003ca href=\"https://www.kqed.org/author/rcooke\">Riley Cooke\u003c/a> contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A former \u003ca href=\"https://www.kqed.org/news/tag/alameda-county-sheriffs-office\">Alameda County sheriff’s deputy\u003c/a> will spend 50 years to life in prison for murdering a Dublin couple in their home in 2022, the district attorney’s office said. The sentencing marks the end of a high-profile case that drew scrutiny to the county’s psychological screening process for deputies.\u003c/p>\n\u003cp>Devin Williams, 26, was convicted last month of two counts of first-degree murder for killing Maria and Benison Tran, who were 42 and 57, respectively. Williams, an Alameda County sheriff’s deputy at the time of the killing, was romantically involved with Maria Tran, according to the district attorney’s office.\u003c/p>\n\u003cp>On Sept. 7, 2022, Williams left work and went to the Trans’ home, ultimately shooting both victims to death with his county-issued gun. After an hours-long manhunt, he called authorities and \u003ca href=\"https://www.kqed.org/news/11924889/alameda-county-sheriffs-deputy-in-custody-after-double-slaying\">turned himself in \u003c/a>to the California Highway Patrol near the Central Valley city of Coalinga, about 160 miles south of the crime scene.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Williams will serve two back-to-back sentences, Alameda County Superior Court Judge Jennifer Madden announced Tuesday. Madden also ordered Williams to pay nearly $13,000 for burial expenses for the two victims.\u003c/p>\n\u003cp>[aside postID=news_12011106 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/04/RS48718_037_Alameda_MarioGonzalezVigil_04212021-qut-1020x680.jpg']\u003c/p>\n\u003cp>“While this sentence does provide a measure of justice for the Tran family, it does little to ease the grief and lasting impact of this deadly act of domestic violence,” District Attorney Pamela Price said in a statement. “I want to thank the jury that rendered this just verdict on behalf of our community.”\u003c/p>\n\u003cp>Williams’ arrest in 2022 sparked an internal audit of the Alameda County Sheriff’s Office’s psychological examinations over concerns that some deputies hired after 2016 were not fit to serve as peace officers under state law.\u003c/p>\n\u003cp>Ultimately, the Sheriff’s Office \u003ca href=\"https://www.kqed.org/news/11926806/alameda-county-sheriffs-office-finds-47-deputies-hired-despite-failed-psych-tests-strips-officers-of-guns\">stripped 47 officers\u003c/a> of their guns and arresting powers for failing to pass their exams. All 47 retained their pay and benefits, and the office said it would give them a second opportunity to take the exam and be deemed “suitable.”\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A former \u003ca href=\"https://www.kqed.org/news/tag/alameda-county-sheriffs-office\">Alameda County sheriff’s deputy\u003c/a> will spend 50 years to life in prison for murdering a Dublin couple in their home in 2022, the district attorney’s office said. The sentencing marks the end of a high-profile case that drew scrutiny to the county’s psychological screening process for deputies.\u003c/p>\n\u003cp>Devin Williams, 26, was convicted last month of two counts of first-degree murder for killing Maria and Benison Tran, who were 42 and 57, respectively. Williams, an Alameda County sheriff’s deputy at the time of the killing, was romantically involved with Maria Tran, according to the district attorney’s office.\u003c/p>\n\u003cp>On Sept. 7, 2022, Williams left work and went to the Trans’ home, ultimately shooting both victims to death with his county-issued gun. After an hours-long manhunt, he called authorities and \u003ca href=\"https://www.kqed.org/news/11924889/alameda-county-sheriffs-deputy-in-custody-after-double-slaying\">turned himself in \u003c/a>to the California Highway Patrol near the Central Valley city of Coalinga, about 160 miles south of the crime scene.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Williams will serve two back-to-back sentences, Alameda County Superior Court Judge Jennifer Madden announced Tuesday. Madden also ordered Williams to pay nearly $13,000 for burial expenses for the two victims.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“While this sentence does provide a measure of justice for the Tran family, it does little to ease the grief and lasting impact of this deadly act of domestic violence,” District Attorney Pamela Price said in a statement. “I want to thank the jury that rendered this just verdict on behalf of our community.”\u003c/p>\n\u003cp>Williams’ arrest in 2022 sparked an internal audit of the Alameda County Sheriff’s Office’s psychological examinations over concerns that some deputies hired after 2016 were not fit to serve as peace officers under state law.\u003c/p>\n\u003cp>Ultimately, the Sheriff’s Office \u003ca href=\"https://www.kqed.org/news/11926806/alameda-county-sheriffs-office-finds-47-deputies-hired-despite-failed-psych-tests-strips-officers-of-guns\">stripped 47 officers\u003c/a> of their guns and arresting powers for failing to pass their exams. All 47 retained their pay and benefits, and the office said it would give them a second opportunity to take the exam and be deemed “suitable.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "mario-gonzalez-supporters-call-das-error-a-shame-as-2-officers-avoid-charges",
"title": "Mario Gonzalez Supporters Call DA’s Error a ‘Shame’ as 2 Officers Avoid Charges",
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"content": "\u003cp>Supporters of \u003ca href=\"https://www.kqed.org/news/tag/mario-gonzalez\">Mario Gonzalez\u003c/a> rallied Friday outside an Alameda County courthouse where the only police officer who still faces charges in his 2021 death appeared before a judge.\u003c/p>\n\u003cp>It was the first hearing since a judge \u003ca href=\"https://www.kqed.org/news/12008407/2-of-3-alameda-officers-charged-in-mario-gonzalez-death-have-their-case-dismissed\">dismissed the cases\u003c/a> against the other two officers charged with involuntary manslaughter, ruling this week that the district attorney’s office failed to file arrest warrants that would have commenced felony prosecution \u003ca href=\"https://www.kqed.org/news/12005470/attorneys-for-alameda-cops-charged-in-mario-gonzalez-death-try-to-dismiss-case-over-filing-deadlines\">within the three-year statute of limitations\u003c/a>. Gonzalez, 26, died after police pinned him to the ground in an Alameda park on April 19, 2021.\u003c/p>\n\u003cp>“Two officers are going to be able to walk off today on a technicality of some paperwork from the DA’s office being served late. Shame on them,” Amanda Majail-Blanco, an organizer for Communities United for Restorative Youth Justice, said to about 20 supporters outside the Wiley W. Manuel Courthouse in Oakland. “There were three officers that should be held accountable for Mario’s death.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Gonzalez’s mother, Edith Arenales, was not at the rally because she has suffered from health issues since this week’s dismissal of charges. His family was “heartbroken” after hearing the judge’s decision, advocate Barni Qaasim, who organizes with the Justice for Mario Gonzalez community group, told KQED on Tuesday.\u003c/p>\n\u003cp>Judge Scott Patton’s Monday ruling dismissed the charges against Alameda officers James Fisher and Cameron Leahy. The district attorney’s case against the third officer, Eric McKinley, was not thrown out because the clock on his statute of limitations was paused during a recent five-month trip abroad.\u003c/p>\n\u003cfigure id=\"attachment_12009119\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12009119\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/241011-MARIO-GONZALEZ-01-SL-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/241011-MARIO-GONZALEZ-01-SL-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/241011-MARIO-GONZALEZ-01-SL-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/241011-MARIO-GONZALEZ-01-SL-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/241011-MARIO-GONZALEZ-01-SL-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/241011-MARIO-GONZALEZ-01-SL-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/241011-MARIO-GONZALEZ-01-SL-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A justice rally for the family of Mario Gonzalez, a man who died after an altercation with Alameda police in 2021, in front of the Wiley W. Manuel Court House in Oakland on Oct. 11, 2024. \u003ccite>(Samantha Lim/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Although Alameda County District Attorney Pamela Price \u003ca href=\"https://www.kqed.org/news/11983439/alameda-county-da-files-manslaughter-charges-against-police-officers-in-mario-gonzalezs-death\">announced charges against the officers\u003c/a> on April 18, one day before the three-year statute of limitations expired, Patton said prosecutors would have had to file an arrest warrant or take several other steps for a felony prosecution to “commence,” which they didn’t do.\u003c/p>\n\u003cp>“It’s really just out of sheer luck that anyone is able to be charged at all after the egregious error that the district attorney’s office made,” James Burch, the deputy director of the Anti-Police Terror Project, said after the rally.\u003c/p>\n\u003cp>McKinley’s arraignment in August marked the start of timely prosecution because the statute of limitations had been paused, the judge ruled. McKinley has also asked the court to dismiss charges against him, alleging that Price “fraudulently induced him to appear” at the arraignment, but Patton rejected that motion on Tuesday.\u003c/p>\n\u003cp>[aside postID=news_12008407 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/04/RS48839_022_Alameda_MarioGonzalezPressConf_04272021-qut-1020x679.jpg']\u003c/p>\n\u003cp>In an emailed statement, Price’s office said it was “unfortunate that all three defendants will not be held accountable,” adding that the court’s decision was not based on any lack of merit in the case.\u003c/p>\n\u003cp>The case has drawn comparisons to the Minneapolis police killing of George Floyd in 2020. Gonzalez was unarmed when officers responded to a 911 call of a man behaving strangely in an Alameda park, and\u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\"> body camera footage released by the city\u003c/a> shows the officers pin down Gonzalez, who is mumbling and appears not to be fully lucid after he resists being handcuffed.\u003c/p>\n\u003cp>At least one officer pressed an elbow and knee into Gonzalez’s back and shoulder.\u003c/p>\n\u003cp>After about five minutes, officers rolled Gonzalez onto his side, saying he was becoming unresponsive. The officers administered CPR and at least two doses of Narcan before Gonzalez was taken to a hospital, where he was later declared dead.\u003c/p>\n\u003cp>Gonzalez’s family accused the officers of murder after viewing the video and called it a clear case of police brutality. An initial autopsy by the Alameda County coroner classified Gonzalez’s death as a homicide but noted contributing factors to his cardiac arrest were the “toxic effects of methamphetamine,” stress related to altercation and restraint, obesity and alcoholism. A second autopsy, independently requested by Gonzalez’s family, showed that his death had been “a result of restraint asphyxiation.”\u003c/p>\n\u003cp>Then-District Attorney Nancy O’Malley \u003ca href=\"https://www.kqed.org/news/11910601/no-criminal-charges-against-alameda-officers-in-death-of-mario-gonzalez\">cleared the officers of criminal liability\u003c/a> in 2022, but Price reopened the case shortly after she took office in 2023 as part of her new Public Accountability Unit.\u003c/p>\n\u003cp>Price announced the charges this year just three days after the \u003ca href=\"https://www.kqed.org/news/11983091/recall-of-alameda-county-district-attorney-pamela-price-qualifies-for-a-vote\">recall campaign against her qualified for this November’s ballot\u003c/a>, spurring questions about a possible political motivation behind the prosecution.\u003c/p>\n\u003cp>Majail-Blanco, the community organizer, said before Friday’s court hearing that the filing error by the district attorney’s office “is a shame.”\u003c/p>\n\u003cp>“I had been working with Edith on this journey for three years, and it’s been difficult to see her go through this,” Majail-Blanco said. “And it’s almost a slap in the face of disrespect to put this case out in the media and to just let these officers walk.”\u003c/p>\n\u003cp>McKinley will return to court on Oct. 25, when he is scheduled to enter a plea. He will need to be booked prior to the court appearance.\u003c/p>\n\u003cp>\u003cem>KQED’s \u003ca href=\"https://www.kqed.org/author/slim\">Samantha Lim\u003c/a> contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "Charges were dismissed against two Alameda police officers due to prosecutors’ failure to meet the statute of limitations. Only one officer still faces prosecution.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Supporters of \u003ca href=\"https://www.kqed.org/news/tag/mario-gonzalez\">Mario Gonzalez\u003c/a> rallied Friday outside an Alameda County courthouse where the only police officer who still faces charges in his 2021 death appeared before a judge.\u003c/p>\n\u003cp>It was the first hearing since a judge \u003ca href=\"https://www.kqed.org/news/12008407/2-of-3-alameda-officers-charged-in-mario-gonzalez-death-have-their-case-dismissed\">dismissed the cases\u003c/a> against the other two officers charged with involuntary manslaughter, ruling this week that the district attorney’s office failed to file arrest warrants that would have commenced felony prosecution \u003ca href=\"https://www.kqed.org/news/12005470/attorneys-for-alameda-cops-charged-in-mario-gonzalez-death-try-to-dismiss-case-over-filing-deadlines\">within the three-year statute of limitations\u003c/a>. Gonzalez, 26, died after police pinned him to the ground in an Alameda park on April 19, 2021.\u003c/p>\n\u003cp>“Two officers are going to be able to walk off today on a technicality of some paperwork from the DA’s office being served late. Shame on them,” Amanda Majail-Blanco, an organizer for Communities United for Restorative Youth Justice, said to about 20 supporters outside the Wiley W. Manuel Courthouse in Oakland. “There were three officers that should be held accountable for Mario’s death.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gonzalez’s mother, Edith Arenales, was not at the rally because she has suffered from health issues since this week’s dismissal of charges. His family was “heartbroken” after hearing the judge’s decision, advocate Barni Qaasim, who organizes with the Justice for Mario Gonzalez community group, told KQED on Tuesday.\u003c/p>\n\u003cp>Judge Scott Patton’s Monday ruling dismissed the charges against Alameda officers James Fisher and Cameron Leahy. The district attorney’s case against the third officer, Eric McKinley, was not thrown out because the clock on his statute of limitations was paused during a recent five-month trip abroad.\u003c/p>\n\u003cfigure id=\"attachment_12009119\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12009119\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/241011-MARIO-GONZALEZ-01-SL-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/241011-MARIO-GONZALEZ-01-SL-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/241011-MARIO-GONZALEZ-01-SL-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/241011-MARIO-GONZALEZ-01-SL-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/241011-MARIO-GONZALEZ-01-SL-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/241011-MARIO-GONZALEZ-01-SL-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/241011-MARIO-GONZALEZ-01-SL-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A justice rally for the family of Mario Gonzalez, a man who died after an altercation with Alameda police in 2021, in front of the Wiley W. Manuel Court House in Oakland on Oct. 11, 2024. \u003ccite>(Samantha Lim/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Although Alameda County District Attorney Pamela Price \u003ca href=\"https://www.kqed.org/news/11983439/alameda-county-da-files-manslaughter-charges-against-police-officers-in-mario-gonzalezs-death\">announced charges against the officers\u003c/a> on April 18, one day before the three-year statute of limitations expired, Patton said prosecutors would have had to file an arrest warrant or take several other steps for a felony prosecution to “commence,” which they didn’t do.\u003c/p>\n\u003cp>“It’s really just out of sheer luck that anyone is able to be charged at all after the egregious error that the district attorney’s office made,” James Burch, the deputy director of the Anti-Police Terror Project, said after the rally.\u003c/p>\n\u003cp>McKinley’s arraignment in August marked the start of timely prosecution because the statute of limitations had been paused, the judge ruled. McKinley has also asked the court to dismiss charges against him, alleging that Price “fraudulently induced him to appear” at the arraignment, but Patton rejected that motion on Tuesday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In an emailed statement, Price’s office said it was “unfortunate that all three defendants will not be held accountable,” adding that the court’s decision was not based on any lack of merit in the case.\u003c/p>\n\u003cp>The case has drawn comparisons to the Minneapolis police killing of George Floyd in 2020. Gonzalez was unarmed when officers responded to a 911 call of a man behaving strangely in an Alameda park, and\u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\"> body camera footage released by the city\u003c/a> shows the officers pin down Gonzalez, who is mumbling and appears not to be fully lucid after he resists being handcuffed.\u003c/p>\n\u003cp>At least one officer pressed an elbow and knee into Gonzalez’s back and shoulder.\u003c/p>\n\u003cp>After about five minutes, officers rolled Gonzalez onto his side, saying he was becoming unresponsive. The officers administered CPR and at least two doses of Narcan before Gonzalez was taken to a hospital, where he was later declared dead.\u003c/p>\n\u003cp>Gonzalez’s family accused the officers of murder after viewing the video and called it a clear case of police brutality. An initial autopsy by the Alameda County coroner classified Gonzalez’s death as a homicide but noted contributing factors to his cardiac arrest were the “toxic effects of methamphetamine,” stress related to altercation and restraint, obesity and alcoholism. A second autopsy, independently requested by Gonzalez’s family, showed that his death had been “a result of restraint asphyxiation.”\u003c/p>\n\u003cp>Then-District Attorney Nancy O’Malley \u003ca href=\"https://www.kqed.org/news/11910601/no-criminal-charges-against-alameda-officers-in-death-of-mario-gonzalez\">cleared the officers of criminal liability\u003c/a> in 2022, but Price reopened the case shortly after she took office in 2023 as part of her new Public Accountability Unit.\u003c/p>\n\u003cp>Price announced the charges this year just three days after the \u003ca href=\"https://www.kqed.org/news/11983091/recall-of-alameda-county-district-attorney-pamela-price-qualifies-for-a-vote\">recall campaign against her qualified for this November’s ballot\u003c/a>, spurring questions about a possible political motivation behind the prosecution.\u003c/p>\n\u003cp>Majail-Blanco, the community organizer, said before Friday’s court hearing that the filing error by the district attorney’s office “is a shame.”\u003c/p>\n\u003cp>“I had been working with Edith on this journey for three years, and it’s been difficult to see her go through this,” Majail-Blanco said. “And it’s almost a slap in the face of disrespect to put this case out in the media and to just let these officers walk.”\u003c/p>\n\u003cp>McKinley will return to court on Oct. 25, when he is scheduled to enter a plea. He will need to be booked prior to the court appearance.\u003c/p>\n\u003cp>\u003cem>KQED’s \u003ca href=\"https://www.kqed.org/author/slim\">Samantha Lim\u003c/a> contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"title": "2 of 3 Alameda Officers Charged in Mario Gonzalez Death Have Their Case Dismissed",
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"content": "\u003cp>\u003ca href=\"#anchor\">\u003cem>This report contains a correction.\u003c/em>\u003c/a>\u003c/p>\n\u003cp>An \u003ca href=\"https://www.kqed.org/news/tag/alameda-county\">Alameda County\u003c/a> judge dismissed charges against two of the three officers who faced criminal prosecution for their role in the 2021 death of \u003ca href=\"https://www.kqed.org/news/tag/mario-gonzalez\">Mario Gonzalez\u003c/a>, a 26-year-old man who stopped breathing after being pinned to the ground during an arrest.\u003c/p>\n\u003cp>Judge Scott Patton ruled that Alameda County prosecutors failed to file the necessary paperwork to bring charges against Alameda officers James Fisher and Cameron Leahy within the three-year statute of limitations for involuntary manslaughter. Defense attorneys had \u003ca href=\"https://www.kqed.org/news/12005470/attorneys-for-alameda-cops-charged-in-mario-gonzalez-death-try-to-dismiss-case-over-filing-deadlines\">sought to dismiss the charges\u003c/a>, citing a lack of arrest warrants that would have officially started the prosecution.\u003c/p>\n\u003cp>The case against the third officer, Eric McKinley, can proceed because his clock was paused by a trip abroad, the judge ruled.\u003c/p>\n\u003cp>In a 13-page order published Monday, Patton — who worked in the Alameda County district attorney’s office for two decades — called the statute of limitations the “bedrock” of civil and criminal law.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“A defendant bringing a challenge because of a violation of the statute of limitations is asserting a substantive due process right, not a technical or procedural violation,” Patton said in his decision.\u003c/p>\n\u003cp>Because the encounter between the officers and Gonzalez took place on April 19, 2021, the judge determined that the statute of limitations expired on that date this year. Although Alameda County District Attorney Pamela Price announced the charges on April 18, prosecutors would have had to file an arrest warrant or take several other steps for a felony prosecution to “commence,” Patton said. That never happened.\u003c/p>\n\u003cfigure id=\"attachment_12005496\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12005496\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/042_Alameda_MarioGonzalezPressConf_04272021_qed.jpg\" alt=\"\" width=\"2000\" height=\"1331\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/042_Alameda_MarioGonzalezPressConf_04272021_qed.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/042_Alameda_MarioGonzalezPressConf_04272021_qed-800x532.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/042_Alameda_MarioGonzalezPressConf_04272021_qed-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/042_Alameda_MarioGonzalezPressConf_04272021_qed-160x106.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/042_Alameda_MarioGonzalezPressConf_04272021_qed-1536x1022.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/042_Alameda_MarioGonzalezPressConf_04272021_qed-1920x1278.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Friends, family and supporters of Mario Gonzalez gather outside of the Alameda Police Department on April 27, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>However, Patton rejected the motion to dismiss charges against McKinley, who claimed that Price “fraudulently induced him to appear” at an arraignment, which marked the start of his prosecution.\u003c/p>\n\u003cp>The judge refuted any “outrageous fraudulent conduct” on Price’s part. According to the decision, the district attorney’s office decided to forgo a bench warrant in favor of a “notice to appear” as a “courtesy to officers.”\u003c/p>\n\u003cp>In his decision, Patton still slammed prosecutors for a “mischaracterization that a summons had been issued,” which he cited as “further evidence of the rushed and careless work by the District Attorney’s office.”\u003c/p>\n\u003cp>The statute of limitations ruling did not apply to McKinley, who left last December on a five-month mission trip to South Africa. Prosecutors had more time to file charges against McKinley, the judge said, because his time out of the country paused the clock.\u003c/p>\n\u003cp>McKinley’s attorney, James Shore, did not respond to a request for comment.\u003c/p>\n\u003cp>Gonzalez’s family was “heartbroken” after hearing the judge’s decision, said advocate Barni Qaasim, who organizes with the Justice for Mario Gonzalez community group.\u003c/p>\n\u003cp>“It’s so disappointing that charges were dropped not because of a lack of evidence but because the judge prioritizes procedural technicality over the pursuit of justice,” Qaasim said.\u003c/p>\n\u003cp>The district attorney’s office said it is “unfortunate that all three defendants will not be held accountable” in an email to KQED on Tuesday, noting that the court’s decision was not based on any lack of merit in the case.\u003c/p>\n\u003cp>[aside postID=news_12005470 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/033_Alameda_MarioGonzalezPressConf_04272021_qed-1020x679.jpg']\u003c/p>\n\u003cp>“Our prosecutors will proceed to file an amended complaint against Officer McKinley,” the office said.\u003c/p>\n\u003cp>The judge’s decision is another twist in a high-profile case that has drawn comparisons to the death of George Floyd, whose murder by a Minneapolis police officer in 2020 became a flashpoint in the national conversation over racial justice. It’s another blow to Price, the embattled district attorney \u003ca href=\"https://www.kqed.org/news/12007542/recall-targeting-alameda-county-da-is-endorsed-by-east-bay-congressman\">facing a recall election\u003c/a> this November over criticism of her progressive policies.\u003c/p>\n\u003cp>Price, who was elected in 2023 on a platform of police reform, reopened Gonzalez’s case through her administration’s new Public Accountability Unit. She \u003ca href=\"https://www.kqed.org/news/11983439/alameda-county-da-files-manslaughter-charges-against-police-officers-in-mario-gonzalezs-death\">announced charges against the officers\u003c/a> three days after the recall campaign against her qualified for the ballot, drawing criticism from an attorney for one of the officers that the case might have been rushed in “a political effort.”\u003c/p>\n\u003cp>The charges reversed a decision by Price’s predecessor, Nancy O’Malley, who in 2022 \u003ca href=\"https://www.kqed.org/news/11910601/no-criminal-charges-against-alameda-officers-in-death-of-mario-gonzalez\">declined to charge the officers\u003c/a> after concluding there was no evidence of wrongdoing.\u003c/p>\n\u003cp>Gonzalez was unarmed when 911 dispatchers received a call of a man behaving strangely in an Alameda park.\u003c/p>\n\u003cp>“He seems like he’s tweaking. But he’s not doing anything wrong. He’s just scaring my wife,” a 911 caller said in dispatch audio recordings. \u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\">Body cam footage\u003c/a> showed a dazed and confused Gonzalez, who appeared to not understand he was being arrested. About \u003ca href=\"https://www.kalw.org/news/2021-04-29/breaking-down-the-police-video-of-mario-gonzalez-death\">eight minutes\u003c/a> after officers began arresting Gonzalez, he stopped breathing.\u003c/p>\n\u003cp>An initial autopsy by the Alameda County coroner noted contributing factors to his cardiac arrest, including the “toxic effects of methamphetamine,” stress related to altercation, obesity and alcoholism. A second independent autopsy requested by attorneys representing Gonzalez’s family found that his death was “a result of restraint asphyxiation.”\u003c/p>\n\u003cp>“What happened to Mario could happen to anyone,” Qaasim said.\u003c/p>\n\u003cp>The advocate also added that Gonzalez’s family would “continue to escalate” and hoped that prosecutors would appeal the judge’s ruling.\u003c/p>\n\u003cp>The next hearing is scheduled for Friday at the Wiley W. Manuel Courthouse in Oakland.\u003c/p>\n\u003cp>\u003ca id=\"anchor\">\u003c/a>\u003cbr>\n\u003cem>Oct. 10: The original version of this report said Alameda County prosecutors failed to file necessary paperwork within the three-year statue of limitations for voluntary manslaughter. The three Alameda officers were charged with involuntary manslaughter.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"#anchor\">\u003cem>This report contains a correction.\u003c/em>\u003c/a>\u003c/p>\n\u003cp>An \u003ca href=\"https://www.kqed.org/news/tag/alameda-county\">Alameda County\u003c/a> judge dismissed charges against two of the three officers who faced criminal prosecution for their role in the 2021 death of \u003ca href=\"https://www.kqed.org/news/tag/mario-gonzalez\">Mario Gonzalez\u003c/a>, a 26-year-old man who stopped breathing after being pinned to the ground during an arrest.\u003c/p>\n\u003cp>Judge Scott Patton ruled that Alameda County prosecutors failed to file the necessary paperwork to bring charges against Alameda officers James Fisher and Cameron Leahy within the three-year statute of limitations for involuntary manslaughter. Defense attorneys had \u003ca href=\"https://www.kqed.org/news/12005470/attorneys-for-alameda-cops-charged-in-mario-gonzalez-death-try-to-dismiss-case-over-filing-deadlines\">sought to dismiss the charges\u003c/a>, citing a lack of arrest warrants that would have officially started the prosecution.\u003c/p>\n\u003cp>The case against the third officer, Eric McKinley, can proceed because his clock was paused by a trip abroad, the judge ruled.\u003c/p>\n\u003cp>In a 13-page order published Monday, Patton — who worked in the Alameda County district attorney’s office for two decades — called the statute of limitations the “bedrock” of civil and criminal law.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“A defendant bringing a challenge because of a violation of the statute of limitations is asserting a substantive due process right, not a technical or procedural violation,” Patton said in his decision.\u003c/p>\n\u003cp>Because the encounter between the officers and Gonzalez took place on April 19, 2021, the judge determined that the statute of limitations expired on that date this year. Although Alameda County District Attorney Pamela Price announced the charges on April 18, prosecutors would have had to file an arrest warrant or take several other steps for a felony prosecution to “commence,” Patton said. That never happened.\u003c/p>\n\u003cfigure id=\"attachment_12005496\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12005496\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/042_Alameda_MarioGonzalezPressConf_04272021_qed.jpg\" alt=\"\" width=\"2000\" height=\"1331\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/042_Alameda_MarioGonzalezPressConf_04272021_qed.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/042_Alameda_MarioGonzalezPressConf_04272021_qed-800x532.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/042_Alameda_MarioGonzalezPressConf_04272021_qed-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/042_Alameda_MarioGonzalezPressConf_04272021_qed-160x106.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/042_Alameda_MarioGonzalezPressConf_04272021_qed-1536x1022.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/042_Alameda_MarioGonzalezPressConf_04272021_qed-1920x1278.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Friends, family and supporters of Mario Gonzalez gather outside of the Alameda Police Department on April 27, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>However, Patton rejected the motion to dismiss charges against McKinley, who claimed that Price “fraudulently induced him to appear” at an arraignment, which marked the start of his prosecution.\u003c/p>\n\u003cp>The judge refuted any “outrageous fraudulent conduct” on Price’s part. According to the decision, the district attorney’s office decided to forgo a bench warrant in favor of a “notice to appear” as a “courtesy to officers.”\u003c/p>\n\u003cp>In his decision, Patton still slammed prosecutors for a “mischaracterization that a summons had been issued,” which he cited as “further evidence of the rushed and careless work by the District Attorney’s office.”\u003c/p>\n\u003cp>The statute of limitations ruling did not apply to McKinley, who left last December on a five-month mission trip to South Africa. Prosecutors had more time to file charges against McKinley, the judge said, because his time out of the country paused the clock.\u003c/p>\n\u003cp>McKinley’s attorney, James Shore, did not respond to a request for comment.\u003c/p>\n\u003cp>Gonzalez’s family was “heartbroken” after hearing the judge’s decision, said advocate Barni Qaasim, who organizes with the Justice for Mario Gonzalez community group.\u003c/p>\n\u003cp>“It’s so disappointing that charges were dropped not because of a lack of evidence but because the judge prioritizes procedural technicality over the pursuit of justice,” Qaasim said.\u003c/p>\n\u003cp>The district attorney’s office said it is “unfortunate that all three defendants will not be held accountable” in an email to KQED on Tuesday, noting that the court’s decision was not based on any lack of merit in the case.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Our prosecutors will proceed to file an amended complaint against Officer McKinley,” the office said.\u003c/p>\n\u003cp>The judge’s decision is another twist in a high-profile case that has drawn comparisons to the death of George Floyd, whose murder by a Minneapolis police officer in 2020 became a flashpoint in the national conversation over racial justice. It’s another blow to Price, the embattled district attorney \u003ca href=\"https://www.kqed.org/news/12007542/recall-targeting-alameda-county-da-is-endorsed-by-east-bay-congressman\">facing a recall election\u003c/a> this November over criticism of her progressive policies.\u003c/p>\n\u003cp>Price, who was elected in 2023 on a platform of police reform, reopened Gonzalez’s case through her administration’s new Public Accountability Unit. She \u003ca href=\"https://www.kqed.org/news/11983439/alameda-county-da-files-manslaughter-charges-against-police-officers-in-mario-gonzalezs-death\">announced charges against the officers\u003c/a> three days after the recall campaign against her qualified for the ballot, drawing criticism from an attorney for one of the officers that the case might have been rushed in “a political effort.”\u003c/p>\n\u003cp>The charges reversed a decision by Price’s predecessor, Nancy O’Malley, who in 2022 \u003ca href=\"https://www.kqed.org/news/11910601/no-criminal-charges-against-alameda-officers-in-death-of-mario-gonzalez\">declined to charge the officers\u003c/a> after concluding there was no evidence of wrongdoing.\u003c/p>\n\u003cp>Gonzalez was unarmed when 911 dispatchers received a call of a man behaving strangely in an Alameda park.\u003c/p>\n\u003cp>“He seems like he’s tweaking. But he’s not doing anything wrong. He’s just scaring my wife,” a 911 caller said in dispatch audio recordings. \u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\">Body cam footage\u003c/a> showed a dazed and confused Gonzalez, who appeared to not understand he was being arrested. About \u003ca href=\"https://www.kalw.org/news/2021-04-29/breaking-down-the-police-video-of-mario-gonzalez-death\">eight minutes\u003c/a> after officers began arresting Gonzalez, he stopped breathing.\u003c/p>\n\u003cp>An initial autopsy by the Alameda County coroner noted contributing factors to his cardiac arrest, including the “toxic effects of methamphetamine,” stress related to altercation, obesity and alcoholism. A second independent autopsy requested by attorneys representing Gonzalez’s family found that his death was “a result of restraint asphyxiation.”\u003c/p>\n\u003cp>“What happened to Mario could happen to anyone,” Qaasim said.\u003c/p>\n\u003cp>The advocate also added that Gonzalez’s family would “continue to escalate” and hoped that prosecutors would appeal the judge’s ruling.\u003c/p>\n\u003cp>The next hearing is scheduled for Friday at the Wiley W. Manuel Courthouse in Oakland.\u003c/p>\n\u003cp>\u003ca id=\"anchor\">\u003c/a>\u003cbr>\n\u003cem>Oct. 10: The original version of this report said Alameda County prosecutors failed to file necessary paperwork within the three-year statue of limitations for voluntary manslaughter. The three Alameda officers were charged with involuntary manslaughter.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Alameda County supervisors on Tuesday again postponed a vote on whether to create civilian oversight of the sheriff, the latest in months of delays that have dragged the yearslong effort to a near standstill.\u003c/p>\n\u003cp>Reading from a statement on Tuesday, Supervisor Elisa Márquez reiterated her support for civilian oversight but pointed to the absence of Supervisors Lena Tam and Keith Carson, who were not present when the meeting began.\u003c/p>\n\u003cp>“It is paramount that all of my colleagues be present in person to fully participate in this long-awaited, critical public safety action item,” Márquez said, requesting the item be placed on the agenda for the board’s June 18 meeting.\u003c/p>\n\u003cp>The county began developing the proposal in 2020 after the passage of \u003ca href=\"https://legiscan.com/CA/text/AB1185/id/2211013\">AB 1185\u003c/a>, a state law that empowered every California county to establish civilian sheriff’s oversight through a public vote or a Board of Supervisors resolution and gave those oversight bodies the power to subpoena records from the sheriff.\u003c/p>\n\u003cp>The latest delay added to the frustrations of community activists who have been calling for increased oversight of the embattled Alameda County Sheriff’s Office for years.\u003c/p>\n\u003cp>“A lot of these supervisors, during their candidacy, were all supportive of sheriff oversight,” Millie Cleveland, a member of the California Coalition for Sheriff Oversight, a group of civil rights organizations, said Tuesday. “But every step of the way, they seem to be blocking any movement on this issue.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Activists have pointed out, among other concerns, the worryingly high number of deaths at the county jail, which the sheriff’s office oversees.\u003c/p>\n\u003cp>Over the last decade, more than 60 people have died at Santa Rita Jail, according to reporting by the Guardian, and \u003ca href=\"https://calmatters.org/justice/2024/03/death-in-california-jails/\">deaths in county jails have been on the rise statewide\u003c/a>. The human toll has been compounded by a financial one: Between 2015 and 2020, the Alameda County Sheriff’s Office led the Bay Area in payouts resulting from wrongful deaths and excessive force lawsuits, according to the ACLU of Northern California. The jail has been under \u003ca href=\"https://oaklandside.org/2022/02/08/judge-places-santa-rita-jail-under-external-oversight-ending-mental-health-abuse-lawsuit/\">federal oversight\u003c/a> since 2022.\u003c/p>\n\u003cp>Tuesday’s postponement at the Board of Supervisors comes after the county’s Public Protection Committee — chaired by Márquez — sent two proposed oversight ordinances to the board in February. Both would create a Sheriff Oversight Board and Office of the Inspector General. One is slightly more detailed, specifying that no law enforcement officers or out-of-county residents would be allowed to serve on the board and would allow the inspector general to hire independent legal counsel.\u003c/p>\n\u003cp>Yoel Haile, director of the criminal justice program at the ACLU of Northern California, said both proposals fall short by requiring the sheriff to approve any investigation by the civilian oversight board or the inspector general.\u003c/p>\n\u003cp>“County residents, who are the primary stakeholders in what the sheriff does, should have the ability to investigate,” Haile said, “should have the ability to question the sheriff, to find out the facts, to have subpoena power so that interviews can be conducted with the people who are involved.”\u003c/p>\n\u003cp>Sheriff Yesenia Sanchez’s office has not publicly weighed in on the proposals.\u003c/p>\n\u003cp>“It is important to recognize that any oversight has to be conducted collaboratively, with the interests of public safety, individuals’ constitutional rights, and the county’s fiduciary responsibility as the agenda,” a spokesperson for the department said in a statement on Monday.\u003c/p>\n\u003cp>If approved, either resolution would bring community oversight to the Alameda County Sheriff’s Office for the first time. It would also make Alameda the fifth Bay Area county to create sheriff’s civilian oversight, following San Francisco, \u003ca href=\"https://www.kqed.org/news/11969550/san-mateo-county-supes-to-vote-on-civilian-oversight-of-sheriffs-department\">San Mateo\u003c/a>, Sonoma and Santa Clara.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alameda County supervisors on Tuesday again postponed a vote on whether to create civilian oversight of the sheriff, the latest in months of delays that have dragged the yearslong effort to a near standstill.\u003c/p>\n\u003cp>Reading from a statement on Tuesday, Supervisor Elisa Márquez reiterated her support for civilian oversight but pointed to the absence of Supervisors Lena Tam and Keith Carson, who were not present when the meeting began.\u003c/p>\n\u003cp>“It is paramount that all of my colleagues be present in person to fully participate in this long-awaited, critical public safety action item,” Márquez said, requesting the item be placed on the agenda for the board’s June 18 meeting.\u003c/p>\n\u003cp>The county began developing the proposal in 2020 after the passage of \u003ca href=\"https://legiscan.com/CA/text/AB1185/id/2211013\">AB 1185\u003c/a>, a state law that empowered every California county to establish civilian sheriff’s oversight through a public vote or a Board of Supervisors resolution and gave those oversight bodies the power to subpoena records from the sheriff.\u003c/p>\n\u003cp>The latest delay added to the frustrations of community activists who have been calling for increased oversight of the embattled Alameda County Sheriff’s Office for years.\u003c/p>\n\u003cp>“A lot of these supervisors, during their candidacy, were all supportive of sheriff oversight,” Millie Cleveland, a member of the California Coalition for Sheriff Oversight, a group of civil rights organizations, said Tuesday. “But every step of the way, they seem to be blocking any movement on this issue.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Activists have pointed out, among other concerns, the worryingly high number of deaths at the county jail, which the sheriff’s office oversees.\u003c/p>\n\u003cp>Over the last decade, more than 60 people have died at Santa Rita Jail, according to reporting by the Guardian, and \u003ca href=\"https://calmatters.org/justice/2024/03/death-in-california-jails/\">deaths in county jails have been on the rise statewide\u003c/a>. The human toll has been compounded by a financial one: Between 2015 and 2020, the Alameda County Sheriff’s Office led the Bay Area in payouts resulting from wrongful deaths and excessive force lawsuits, according to the ACLU of Northern California. The jail has been under \u003ca href=\"https://oaklandside.org/2022/02/08/judge-places-santa-rita-jail-under-external-oversight-ending-mental-health-abuse-lawsuit/\">federal oversight\u003c/a> since 2022.\u003c/p>\n\u003cp>Tuesday’s postponement at the Board of Supervisors comes after the county’s Public Protection Committee — chaired by Márquez — sent two proposed oversight ordinances to the board in February. Both would create a Sheriff Oversight Board and Office of the Inspector General. One is slightly more detailed, specifying that no law enforcement officers or out-of-county residents would be allowed to serve on the board and would allow the inspector general to hire independent legal counsel.\u003c/p>\n\u003cp>Yoel Haile, director of the criminal justice program at the ACLU of Northern California, said both proposals fall short by requiring the sheriff to approve any investigation by the civilian oversight board or the inspector general.\u003c/p>\n\u003cp>“County residents, who are the primary stakeholders in what the sheriff does, should have the ability to investigate,” Haile said, “should have the ability to question the sheriff, to find out the facts, to have subpoena power so that interviews can be conducted with the people who are involved.”\u003c/p>\n\u003cp>Sheriff Yesenia Sanchez’s office has not publicly weighed in on the proposals.\u003c/p>\n\u003cp>“It is important to recognize that any oversight has to be conducted collaboratively, with the interests of public safety, individuals’ constitutional rights, and the county’s fiduciary responsibility as the agenda,” a spokesperson for the department said in a statement on Monday.\u003c/p>\n\u003cp>If approved, either resolution would bring community oversight to the Alameda County Sheriff’s Office for the first time. It would also make Alameda the fifth Bay Area county to create sheriff’s civilian oversight, following San Francisco, \u003ca href=\"https://www.kqed.org/news/11969550/san-mateo-county-supes-to-vote-on-civilian-oversight-of-sheriffs-department\">San Mateo\u003c/a>, Sonoma and Santa Clara.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>Updated 7 p.m. Monday \u003c/em>\u003c/p>\n\u003cp>A heated dispute over the decision by the Alameda County district attorney’s office to forgo criminal charges in a stabbing case has spun out into an unusually public spat between two of the county’s top law enforcement agencies.\u003c/p>\n\u003cp>At the center of the conflict is a federal parole violation hearing set to be heard Monday morning in San Francisco. The defendant, Hayward resident Robert Barroca, 59, was convicted in 2005 for making methamphetamine and being in possession of a firearm.\u003c/p>\n\u003cp>Alameda County sheriff’s officials identified Barroca as a suspect in a January stabbing that took place in Hayward’s Meek Estate Park, the sheriff’s department said in \u003ca href=\"https://www.facebook.com/photo?fbid=854665116705613&set=a.256424806529650\">a May 30 Facebook post\u003c/a>. An Alameda County Superior Court judge issued an arrest warrant for Barroca, and on May 16, he was arrested by sheriff’s deputies, who presented the case to the district’s attorney’s office for charging, according to the post.\u003c/p>\n\u003cp>After the DA declined to charge, the sheriff’s office said deputies reported Barroca’s alleged involvement in the stabbing to Barroca’s federal parole agent.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The sheriff’s department’s Facebook post about the case garnered more than a hundred comments, many expressing support for the effort to recall District Attorney Pamela Price, whose critics have accused her of not pursuing criminal cases aggressively enough.\u003c/p>\n\u003cp>“This is not the first time we have pointed out that the DA did not charge something,” a sheriff’s spokesperson \u003ca href=\"https://www.kron4.com/news/bay-area/alameda-county-sheriff-seeks-help-from-feds-after-da-declines-to-file-charges/\">told KRON4\u003c/a>. “It’s been more consistent. This is not a war on the DA’s office; this is us being honest with the public, with our community, about what’s happening,”\u003c/p>\n\u003cp>When reached Monday morning, Haaziq Madyun, a spokesperson for the DA’s office, said he couldn’t explain the decision not to charge Barroca because Price, who could provide that information, is away from the office at least through the end of the week, following the recent death of her mother.\u003c/p>\n\u003cp>“The matter was reviewed by a veteran charging deputy attorney, who advised ACSO to present the case to our federal law enforcement partners,” he told KQED.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='pamela-price']\u003c/p>\n\u003cp>Although KRON4 reported that Madyun said the DA’s office had reached out to federal authorities, Madyun later told KQED that the statement was incorrect and clarified it.\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.facebook.com/photo/?fbid=768694235446601&set=a.159982962984401\">Facebook post\u003c/a> on Friday, Price’s campaign against the recall suggested the sheriff’s office knew why the DA’s office declined to prosecute but conspicuously left that information out of its Facebook post.\u003c/p>\n\u003cp>The campaign’s post invited Alameda County Sheriff Yesenia Sanchez to call Price.\u003c/p>\n\u003cp>“A call seems like an appropriate first step from one professional Alameda County law enforcement official to another,” the post said.\u003c/p>\n\u003cp>“To be fair, if the ACSO wants to make social media posts highlighting when cases are not charged, the community should demand that the ACSO create social media posts every time the DAO does charge on cases presented by the Sheriff’s Office,” the post continued.\u003c/p>\n\u003cp>On Monday afternoon, Lt. Tya Modeste, a spokesperson for the sheriff’s office, said the office regularly posts on social media about the outcomes of department investigations.\u003c/p>\n\u003cp>During May, the sheriff’s office posted five times on its Facebook page about arrests, including the post about Barroca. Three mentioned the DA’s office charging the suspect, and the fourth, regarding a series of arrests made during an operation targeting a sideshow, didn’t mention whether charges were brought.\u003c/p>\n\u003cp>“When the DA brings charges we say that, and when they don’t we say that,” Modeste said, adding that the sheriff’s office never goes into why a case was or was not charged by the DA.\u003c/p>\n\u003cp>In Barroca’s case, Modeste said the DA declined to bring charges because the victim was not entirely certain Barroca was the person who stabbed them. On a 10-point scale, the victim ranked their certainty at an 8 or 9, according to Modeste.\u003c/p>\n\u003cp>Madyun said the dispute, and the comments on the sheriff’s Facebook post, point to a larger issue: Most of the DA’s work happens outside of public view, and when one case gets highlighted, it’s easy for the public to think that case is representative of all of the DA’s work when it might not be, he said.\u003c/p>\n\u003cp>“Decisions to charge or not charge are made everyday by DA’s across the country. Individual cases are not posted on [Facebook] everyday,” he wrote in a text message.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>According to the Alameda County District Attorney’s 2023 annual report, charging rates under Price have \u003ca href=\"https://www.kqed.org/news/11985311/alameda-county-district-attorneys-report-shows-prosecution-rates-remain-steady\">remained relatively consistent\u003c/a> with those of her predecessor, Nancy O’Malley. The office reports it took action on 11,977 cases last year.\u003c/p>\n\n",
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"excerpt": "A Facebook post by the sheriff’s office about the case garnered more than 100 comments, many expressing support for the effort to recall District Attorney Pamela Price. Price’s anti-recall campaign suggested the sheriff’s office knew why the DA declined to prosecute.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 7 p.m. Monday \u003c/em>\u003c/p>\n\u003cp>A heated dispute over the decision by the Alameda County district attorney’s office to forgo criminal charges in a stabbing case has spun out into an unusually public spat between two of the county’s top law enforcement agencies.\u003c/p>\n\u003cp>At the center of the conflict is a federal parole violation hearing set to be heard Monday morning in San Francisco. The defendant, Hayward resident Robert Barroca, 59, was convicted in 2005 for making methamphetamine and being in possession of a firearm.\u003c/p>\n\u003cp>Alameda County sheriff’s officials identified Barroca as a suspect in a January stabbing that took place in Hayward’s Meek Estate Park, the sheriff’s department said in \u003ca href=\"https://www.facebook.com/photo?fbid=854665116705613&set=a.256424806529650\">a May 30 Facebook post\u003c/a>. An Alameda County Superior Court judge issued an arrest warrant for Barroca, and on May 16, he was arrested by sheriff’s deputies, who presented the case to the district’s attorney’s office for charging, according to the post.\u003c/p>\n\u003cp>After the DA declined to charge, the sheriff’s office said deputies reported Barroca’s alleged involvement in the stabbing to Barroca’s federal parole agent.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The sheriff’s department’s Facebook post about the case garnered more than a hundred comments, many expressing support for the effort to recall District Attorney Pamela Price, whose critics have accused her of not pursuing criminal cases aggressively enough.\u003c/p>\n\u003cp>“This is not the first time we have pointed out that the DA did not charge something,” a sheriff’s spokesperson \u003ca href=\"https://www.kron4.com/news/bay-area/alameda-county-sheriff-seeks-help-from-feds-after-da-declines-to-file-charges/\">told KRON4\u003c/a>. “It’s been more consistent. This is not a war on the DA’s office; this is us being honest with the public, with our community, about what’s happening,”\u003c/p>\n\u003cp>When reached Monday morning, Haaziq Madyun, a spokesperson for the DA’s office, said he couldn’t explain the decision not to charge Barroca because Price, who could provide that information, is away from the office at least through the end of the week, following the recent death of her mother.\u003c/p>\n\u003cp>“The matter was reviewed by a veteran charging deputy attorney, who advised ACSO to present the case to our federal law enforcement partners,” he told KQED.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Although KRON4 reported that Madyun said the DA’s office had reached out to federal authorities, Madyun later told KQED that the statement was incorrect and clarified it.\u003c/p>\n\u003cp>In a \u003ca href=\"https://www.facebook.com/photo/?fbid=768694235446601&set=a.159982962984401\">Facebook post\u003c/a> on Friday, Price’s campaign against the recall suggested the sheriff’s office knew why the DA’s office declined to prosecute but conspicuously left that information out of its Facebook post.\u003c/p>\n\u003cp>The campaign’s post invited Alameda County Sheriff Yesenia Sanchez to call Price.\u003c/p>\n\u003cp>“A call seems like an appropriate first step from one professional Alameda County law enforcement official to another,” the post said.\u003c/p>\n\u003cp>“To be fair, if the ACSO wants to make social media posts highlighting when cases are not charged, the community should demand that the ACSO create social media posts every time the DAO does charge on cases presented by the Sheriff’s Office,” the post continued.\u003c/p>\n\u003cp>On Monday afternoon, Lt. Tya Modeste, a spokesperson for the sheriff’s office, said the office regularly posts on social media about the outcomes of department investigations.\u003c/p>\n\u003cp>During May, the sheriff’s office posted five times on its Facebook page about arrests, including the post about Barroca. Three mentioned the DA’s office charging the suspect, and the fourth, regarding a series of arrests made during an operation targeting a sideshow, didn’t mention whether charges were brought.\u003c/p>\n\u003cp>“When the DA brings charges we say that, and when they don’t we say that,” Modeste said, adding that the sheriff’s office never goes into why a case was or was not charged by the DA.\u003c/p>\n\u003cp>In Barroca’s case, Modeste said the DA declined to bring charges because the victim was not entirely certain Barroca was the person who stabbed them. On a 10-point scale, the victim ranked their certainty at an 8 or 9, according to Modeste.\u003c/p>\n\u003cp>Madyun said the dispute, and the comments on the sheriff’s Facebook post, point to a larger issue: Most of the DA’s work happens outside of public view, and when one case gets highlighted, it’s easy for the public to think that case is representative of all of the DA’s work when it might not be, he said.\u003c/p>\n\u003cp>“Decisions to charge or not charge are made everyday by DA’s across the country. Individual cases are not posted on [Facebook] everyday,” he wrote in a text message.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>According to the Alameda County District Attorney’s 2023 annual report, charging rates under Price have \u003ca href=\"https://www.kqed.org/news/11985311/alameda-county-district-attorneys-report-shows-prosecution-rates-remain-steady\">remained relatively consistent\u003c/a> with those of her predecessor, Nancy O’Malley. The office reports it took action on 11,977 cases last year.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"order": 9
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"id": "fresh-air",
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"airtime": "SUN 7:30pm-8pm",
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"order": 18
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"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
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"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
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"masters-of-scale": {
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"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"rss": "https://rss.art19.com/masters-of-scale"
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},
"mindshift": {
"id": "mindshift",
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"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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"morning-edition": {
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"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
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"onourwatch": {
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"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"order": 11
},
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"on-the-media": {
"id": "on-the-media",
"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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"link": "/radio/program/on-the-media",
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"pbs-newshour": {
"id": "pbs-newshour",
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"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
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"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
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},
"perspectives": {
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"order": 14
},
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"planet-money": {
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"title": "Planet Money",
"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
"airtime": "SUN 3pm-4pm",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
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"link": "/radio/program/planet-money",
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"apple": "https://itunes.apple.com/us/podcast/planet-money/id290783428?mt=2",
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"politicalbreakdown": {
"id": "politicalbreakdown",
"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Political-Breakdown-2024-Podcast-Tile-703x703-1.jpg",
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"order": 5
},
"link": "/podcasts/politicalbreakdown",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5Nzk2MzI2MTEx",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.possible.fm/",
"meta": {
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"source": "Possible"
},
"link": "/radio/program/possible",
"subscribe": {
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"spotify": "https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"
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},
"pri-the-world": {
"id": "pri-the-world",
"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
"airtime": "MON-FRI 2pm-3pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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