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"content": "\u003cp>\u003cem>Updated 3:58 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>The Alameda County District Attorney’s Office on Friday dropped \u003ca href=\"https://www.kqed.org/news/11983439/alameda-county-da-files-manslaughter-charges-against-police-officers-in-mario-gonzalezs-death\">charges\u003c/a> against the final officer who was still facing prosecution in the 2021 death of \u003ca href=\"https://www.kqed.org/news/tag/mario-gonzalez\">Mario Gonzalez\u003c/a>.\u003c/p>\n\u003cp>Prosecutors decided to dismiss the involuntary manslaughter charge after a forensic pathology expert, Dr. Bennet Omalu, \u003ca href=\"https://www.kqed.org/news/12016811/officers-defense-mario-gonzalez-case-claims-das-office-withholding-key-evidence\">made inconsistent statements\u003c/a> about the case under penalty of perjury, they said. Officer Eric McKinley’s defense \u003ca href=\"https://www.kqed.org/news/12016811/officers-defense-mario-gonzalez-case-claims-das-office-withholding-key-evidence\">argued this month\u003c/a> that Omalu had recently met with the district attorney’s office and called the prosecution “political.”\u003c/p>\n\u003cp>Omalu, whose independent second autopsy showed that Gonzalez died as a result of “restraint asphyxiation,” not the “toxic effects of methamphetamine,” as the coroner’s initial autopsy suggested, was a key witness for the defense.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Although Dr. Omalu did not change his ultimate opinion on the cause of death, multiple key inconsistencies by this now hostile yet necessary witness led the People to conclude they could not meet their burden of proving Officer McKinley committed involuntary manslaughter beyond a reasonable doubt,” the office said in a statement.\u003c/p>\n\u003cp>Gonzalez, 26, \u003ca href=\"https://www.kqed.org/news/11870691/we-need-justice-mourners-demand-alameda-police-provide-answers-in-death-of-mario-gonzalez\">died after police pinned him to the ground\u003c/a> in an Alameda park. The prosecution of those officers on involuntary manslaughter charges has been fraught with problems since the case against two of the three officers was \u003ca href=\"https://www.kqed.org/news/12008407/2-of-3-alameda-officers-charged-in-mario-gonzalez-death-have-their-case-dismissed\">thrown out in October\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11970187\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11970187\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/033_Alameda_MarioGonzalezPressConf_04272021-qut.jpg\" alt=\"A Latina woman and a Latino man touch heads as they mourn with masks on.\" width=\"1920\" height=\"1278\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/033_Alameda_MarioGonzalezPressConf_04272021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/033_Alameda_MarioGonzalezPressConf_04272021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/033_Alameda_MarioGonzalezPressConf_04272021-qut-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/033_Alameda_MarioGonzalezPressConf_04272021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/033_Alameda_MarioGonzalezPressConf_04272021-qut-1536x1022.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">The mother of Mario Gonzalez, Edith Arenales, puts her head together with her son Geraldo Gonzalez before speaking at a news conference outside the Alameda Police Department on April 27, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Former Alameda County District Attorney Pamela Price — who was recalled from office last month — charged McKinley, James Fisher and Cameron Leahy with involuntary manslaughter for the death of Gonzalez in April. That reversed a decision by her predecessor, Nancy O’Malley, who cleared the officers of criminal liability after finding no evidence of wrongdoing.\u003c/p>\n\u003cp>The cases against Fisher and Leahy were dismissed after a judge ruled that the district attorney’s office failed to file arrest warrants that would have commenced felony prosecution within the three-year statute of limitations. The case against McKinley was allowed to move forward because he had been out of the country for months within that three-year period, effectively pausing the clock.\u003c/p>\n\u003cp>Earlier this month, McKinley’s defense accused the district attorney’s office of withholding statements Omalu made criticizing the prosecution. They said Omalu told the office that he “believes this case to be a ‘political’ prosecution,” according to a defense motion. Omalu also said the officers did not commit criminal misconduct and should not be prosecuted, the motion said.\u003c/p>\n\u003cp>In November, Omalu filed a motion to quash a district attorney’s office subpoena that compelled him to testify in the criminal case. The office said that because his declaration submitted under penalty of perjury in that motion contained inconsistencies with his sworn deposition in the civil case, he would have “more than likely” been impeached if he had been forced to testify.\u003c/p>\n\u003cp>[aside postID=news_12016811 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/021_Alameda_MarioGonzalezPressConf_04272021_qed-1020x679.jpg']\u003c/p>\n\u003cp>“Another possible forensic pathology expert who could testify on cause of death for the prosecution relied on Dr. Omalu for review, leaving no way to avoid calling Dr. Omalu to the witness stand,” the statement reads.\u003c/p>\n\u003cp>Omalu did not respond to a request for comment.\u003c/p>\n\u003cp>Gonzalez’s death caused outrage and \u003ca href=\"https://www.kqed.org/news/11871576/deadly-alameda-police-encounter-carries-echoes-of-george-floyd-case\">drew comparisons\u003c/a> to the Minneapolis police killing of George Floyd in 2020. He was unarmed when officers responded to a 911 call of a man behaving strangely in an Alameda park. \u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\">Body camera footage\u003c/a> released by the city 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, and after about five minutes, the officers rolled Gonzalez onto his side, saying he was becoming unresponsive. 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>The video footage spurred Gonzalez’s family to accuse the officers of murder, calling it a clear case of police brutality.\u003c/p>\n\u003cp>The 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. Omalu’s autopsy, independently requested by Gonzalez’s family, showed that his death had been “a result of restraint asphyxiation.”\u003c/p>\n\u003cp>After O’Malley declined to file charges, Price reopened the case shortly after she took office in 2023 as part of a new Police Accountability Unit, which reopened eight police shootings or in-custody death cases in early 2023.\u003c/p>\n\u003cp>The decision from the district attorney’s office to drop charges against McKinley comes just weeks after Royl Roberts, who was Price’s second in command, took over as the interim head of the office.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 3:58 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>The Alameda County District Attorney’s Office on Friday dropped \u003ca href=\"https://www.kqed.org/news/11983439/alameda-county-da-files-manslaughter-charges-against-police-officers-in-mario-gonzalezs-death\">charges\u003c/a> against the final officer who was still facing prosecution in the 2021 death of \u003ca href=\"https://www.kqed.org/news/tag/mario-gonzalez\">Mario Gonzalez\u003c/a>.\u003c/p>\n\u003cp>Prosecutors decided to dismiss the involuntary manslaughter charge after a forensic pathology expert, Dr. Bennet Omalu, \u003ca href=\"https://www.kqed.org/news/12016811/officers-defense-mario-gonzalez-case-claims-das-office-withholding-key-evidence\">made inconsistent statements\u003c/a> about the case under penalty of perjury, they said. Officer Eric McKinley’s defense \u003ca href=\"https://www.kqed.org/news/12016811/officers-defense-mario-gonzalez-case-claims-das-office-withholding-key-evidence\">argued this month\u003c/a> that Omalu had recently met with the district attorney’s office and called the prosecution “political.”\u003c/p>\n\u003cp>Omalu, whose independent second autopsy showed that Gonzalez died as a result of “restraint asphyxiation,” not the “toxic effects of methamphetamine,” as the coroner’s initial autopsy suggested, was a key witness for the defense.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Although Dr. Omalu did not change his ultimate opinion on the cause of death, multiple key inconsistencies by this now hostile yet necessary witness led the People to conclude they could not meet their burden of proving Officer McKinley committed involuntary manslaughter beyond a reasonable doubt,” the office said in a statement.\u003c/p>\n\u003cp>Gonzalez, 26, \u003ca href=\"https://www.kqed.org/news/11870691/we-need-justice-mourners-demand-alameda-police-provide-answers-in-death-of-mario-gonzalez\">died after police pinned him to the ground\u003c/a> in an Alameda park. The prosecution of those officers on involuntary manslaughter charges has been fraught with problems since the case against two of the three officers was \u003ca href=\"https://www.kqed.org/news/12008407/2-of-3-alameda-officers-charged-in-mario-gonzalez-death-have-their-case-dismissed\">thrown out in October\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11970187\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11970187\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/033_Alameda_MarioGonzalezPressConf_04272021-qut.jpg\" alt=\"A Latina woman and a Latino man touch heads as they mourn with masks on.\" width=\"1920\" height=\"1278\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/033_Alameda_MarioGonzalezPressConf_04272021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/033_Alameda_MarioGonzalezPressConf_04272021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/033_Alameda_MarioGonzalezPressConf_04272021-qut-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/033_Alameda_MarioGonzalezPressConf_04272021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/12/033_Alameda_MarioGonzalezPressConf_04272021-qut-1536x1022.jpg 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">The mother of Mario Gonzalez, Edith Arenales, puts her head together with her son Geraldo Gonzalez before speaking at a news conference outside the Alameda Police Department on April 27, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Former Alameda County District Attorney Pamela Price — who was recalled from office last month — charged McKinley, James Fisher and Cameron Leahy with involuntary manslaughter for the death of Gonzalez in April. That reversed a decision by her predecessor, Nancy O’Malley, who cleared the officers of criminal liability after finding no evidence of wrongdoing.\u003c/p>\n\u003cp>The cases against Fisher and Leahy were dismissed after a judge ruled that the district attorney’s office failed to file arrest warrants that would have commenced felony prosecution within the three-year statute of limitations. The case against McKinley was allowed to move forward because he had been out of the country for months within that three-year period, effectively pausing the clock.\u003c/p>\n\u003cp>Earlier this month, McKinley’s defense accused the district attorney’s office of withholding statements Omalu made criticizing the prosecution. They said Omalu told the office that he “believes this case to be a ‘political’ prosecution,” according to a defense motion. Omalu also said the officers did not commit criminal misconduct and should not be prosecuted, the motion said.\u003c/p>\n\u003cp>In November, Omalu filed a motion to quash a district attorney’s office subpoena that compelled him to testify in the criminal case. The office said that because his declaration submitted under penalty of perjury in that motion contained inconsistencies with his sworn deposition in the civil case, he would have “more than likely” been impeached if he had been forced to testify.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Another possible forensic pathology expert who could testify on cause of death for the prosecution relied on Dr. Omalu for review, leaving no way to avoid calling Dr. Omalu to the witness stand,” the statement reads.\u003c/p>\n\u003cp>Omalu did not respond to a request for comment.\u003c/p>\n\u003cp>Gonzalez’s death caused outrage and \u003ca href=\"https://www.kqed.org/news/11871576/deadly-alameda-police-encounter-carries-echoes-of-george-floyd-case\">drew comparisons\u003c/a> to the Minneapolis police killing of George Floyd in 2020. He was unarmed when officers responded to a 911 call of a man behaving strangely in an Alameda park. \u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\">Body camera footage\u003c/a> released by the city 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, and after about five minutes, the officers rolled Gonzalez onto his side, saying he was becoming unresponsive. 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>The video footage spurred Gonzalez’s family to accuse the officers of murder, calling it a clear case of police brutality.\u003c/p>\n\u003cp>The 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. Omalu’s autopsy, independently requested by Gonzalez’s family, showed that his death had been “a result of restraint asphyxiation.”\u003c/p>\n\u003cp>After O’Malley declined to file charges, Price reopened the case shortly after she took office in 2023 as part of a new Police Accountability Unit, which reopened eight police shootings or in-custody death cases in early 2023.\u003c/p>\n\u003cp>The decision from the district attorney’s office to drop charges against McKinley comes just weeks after Royl Roberts, who was Price’s second in command, took over as the interim head of the office.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"title": "Officer's Defense in Mario Gonzalez Case Claims DA's Office Is Withholding Key Evidence",
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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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"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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"title": "Lone Alameda Officer Still Facing Charges in Mario Gonzalez Death Pleads Not Guilty",
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"content": "\u003cp>The only one of three Alameda police officers still facing prosecution in the 2021 death of \u003ca href=\"https://www.kqed.org/news/tag/mario-gonzalez\">Mario Gonzalez\u003c/a> pleaded not guilty Friday morning at the Wiley W. Manuel Courthouse in Oakland.\u003c/p>\n\u003cp>Officer Eric McKinley is charged with felony involuntary manslaughter. Charges against the other two officers were \u003ca href=\"https://www.kqed.org/news/12008407/2-of-3-alameda-officers-charged-in-mario-gonzalez-death-have-their-case-dismissed\">dismissed this month\u003c/a> after a judge ruled that the \u003ca href=\"https://www.kqed.org/news/tag/alameda-county\">Alameda County\u003c/a> district attorney’s office failed to file necessary paperwork within the three-year statute of limitations.\u003c/p>\n\u003cp>Family and supporters of Gonzalez rallied Friday outside the courthouse, demanding justice for Gonzalez’s death.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“This type of oppression to our own communities and the excuse after excuse of letting these cops free is no longer going to be the ordinary. This is not normal, this is not humane, this is not recognizing our humanity,” Ericson Amaya, a family supporter and organizer with Oakland youth activism group 67 Sueños, said during the rally after the plea hearing.\u003c/p>\n\u003cp>Advocates had earlier \u003ca href=\"https://www.kqed.org/news/12009076/mario-gonzalez-supporters-call-das-error-a-shame-as-2-officers-avoid-charges\">criticized the district attorney’s office\u003c/a> for its filing error, saying it allowed officers who should have been held accountable to walk free.\u003c/p>\n\u003cfigure id=\"attachment_12011131\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12011131\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/MarioGonzalez1.jpg\" alt=\"\" width=\"2000\" height=\"1500\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/MarioGonzalez1.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/MarioGonzalez1-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/MarioGonzalez1-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/MarioGonzalez1-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/MarioGonzalez1-1536x1152.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/MarioGonzalez1-1920x1440.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Edith Arenales, the mother of Mario Gonzalez, speaks on Friday, Oct. 25, 2024, outside the Wiley W. Manuel Courthouse in Oakland with a group of community organizers and supporters calling for justice for Gonzalez’s death.\u003c/figcaption>\u003c/figure>\n\u003cp>Gonzalez, 26, died after police pinned him to the ground in an Alameda park on April 19, 2021. He was unarmed when officers responded to a 911 call of a man behaving strangely.\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.\u003c/p>\n\u003cp>Body camera footage \u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\">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>[aside postID=news_12009076 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/012_Alameda_MarioGonzalezPressConf_04272021_qed-1020x680.jpg']\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, the officers rolled Gonzalez onto his side, saying he was becoming unresponsive. About eight minutes after they began to arrest Gonzalez, he stopped breathing. 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 called his death 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, independent autopsy, requested by attorneys representing Gonzalez’s family, found that his death had been “a result of restraint asphyxiation.”\u003c/p>\n\u003cp>McKinley is next scheduled to appear in court for a preliminary hearing on Nov. 7.\u003c/p>\n\u003cp>\u003cem>KQED’s \u003c/em>\u003ca href=\"https://www.kqed.org/author/slim\">\u003cem>Samantha Lim\u003c/em>\u003c/a>\u003cem>, \u003c/em>\u003ca href=\"https://www.kqed.org/author/kdebenedetti\">\u003cem>Katie DeBenedetti\u003c/em>\u003c/a>\u003cem> and \u003c/em>\u003ca href=\"https://www.kqed.org/author/emanoukian\">\u003cem>Elize Manoukian\u003c/em>\u003c/a>\u003cem> contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "Supporters of Mario Gonzalez, who died in 2021, called for justice after manslaughter charges against the two other Alameda police officers were dropped this month.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The only one of three Alameda police officers still facing prosecution in the 2021 death of \u003ca href=\"https://www.kqed.org/news/tag/mario-gonzalez\">Mario Gonzalez\u003c/a> pleaded not guilty Friday morning at the Wiley W. Manuel Courthouse in Oakland.\u003c/p>\n\u003cp>Officer Eric McKinley is charged with felony involuntary manslaughter. Charges against the other two officers were \u003ca href=\"https://www.kqed.org/news/12008407/2-of-3-alameda-officers-charged-in-mario-gonzalez-death-have-their-case-dismissed\">dismissed this month\u003c/a> after a judge ruled that the \u003ca href=\"https://www.kqed.org/news/tag/alameda-county\">Alameda County\u003c/a> district attorney’s office failed to file necessary paperwork within the three-year statute of limitations.\u003c/p>\n\u003cp>Family and supporters of Gonzalez rallied Friday outside the courthouse, demanding justice for Gonzalez’s death.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“This type of oppression to our own communities and the excuse after excuse of letting these cops free is no longer going to be the ordinary. This is not normal, this is not humane, this is not recognizing our humanity,” Ericson Amaya, a family supporter and organizer with Oakland youth activism group 67 Sueños, said during the rally after the plea hearing.\u003c/p>\n\u003cp>Advocates had earlier \u003ca href=\"https://www.kqed.org/news/12009076/mario-gonzalez-supporters-call-das-error-a-shame-as-2-officers-avoid-charges\">criticized the district attorney’s office\u003c/a> for its filing error, saying it allowed officers who should have been held accountable to walk free.\u003c/p>\n\u003cfigure id=\"attachment_12011131\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12011131\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/MarioGonzalez1.jpg\" alt=\"\" width=\"2000\" height=\"1500\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/MarioGonzalez1.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/MarioGonzalez1-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/MarioGonzalez1-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/MarioGonzalez1-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/MarioGonzalez1-1536x1152.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/10/MarioGonzalez1-1920x1440.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Edith Arenales, the mother of Mario Gonzalez, speaks on Friday, Oct. 25, 2024, outside the Wiley W. Manuel Courthouse in Oakland with a group of community organizers and supporters calling for justice for Gonzalez’s death.\u003c/figcaption>\u003c/figure>\n\u003cp>Gonzalez, 26, died after police pinned him to the ground in an Alameda park on April 19, 2021. He was unarmed when officers responded to a 911 call of a man behaving strangely.\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.\u003c/p>\n\u003cp>Body camera footage \u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\">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>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\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, the officers rolled Gonzalez onto his side, saying he was becoming unresponsive. About eight minutes after they began to arrest Gonzalez, he stopped breathing. 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 called his death 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, independent autopsy, requested by attorneys representing Gonzalez’s family, found that his death had been “a result of restraint asphyxiation.”\u003c/p>\n\u003cp>McKinley is next scheduled to appear in court for a preliminary hearing on Nov. 7.\u003c/p>\n\u003cp>\u003cem>KQED’s \u003c/em>\u003ca href=\"https://www.kqed.org/author/slim\">\u003cem>Samantha Lim\u003c/em>\u003c/a>\u003cem>, \u003c/em>\u003ca href=\"https://www.kqed.org/author/kdebenedetti\">\u003cem>Katie DeBenedetti\u003c/em>\u003c/a>\u003cem> and \u003c/em>\u003ca href=\"https://www.kqed.org/author/emanoukian\">\u003cem>Elize Manoukian\u003c/em>\u003c/a>\u003cem> contributed to this report.\u003c/em>\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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"title": "Attorneys for Alameda Cops Charged in Mario Gonzalez Death Try to Dismiss Case Over Filing Deadlines",
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"headTitle": "Attorneys for Alameda Cops Charged in Mario Gonzalez Death Try to Dismiss Case Over Filing Deadlines | KQED",
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"content": "\u003cp>\u003cem>Updated 12:46 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>An Alameda County judge is considering a motion to dismiss the case against three Alameda police officers charged in connection with the death of Mario Gonzalez after their attorneys alleged that prosecutors failed to meet the statute of limitations on the case.\u003c/p>\n\u003cp>Gonzalez’s family and supporters rallied Friday morning outside the county courthouse in Oakland, where Judge Scott Patton listened to arguments at a hearing on the motion.\u003c/p>\n\u003cp>“He’s a human. My son was a human. In the United States, we’re supposed to respect the lives of human people, so they need to charge those three police officers,” said Edith Arenales, Gonzalez’s mother.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Patton did not issue a ruling on the motion, and the next hearing is scheduled for Oct. 11.\u003c/p>\n\u003cp>There was some commotion in the hallway after sheriff’s deputies asked members of the public to immediately vacate the courtroom following the hearing. Supporters wearing shirts that read “Justice for Mario Gonzalez” began to chant as the crowd filed out, and as the chants grew louder, deputies demanded that they stop and threatened legal action.\u003c/p>\n\u003cfigure id=\"attachment_12005495\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12005495\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/021_Alameda_MarioGonzalezPressConf_04272021_qed.jpg\" alt=\"\" width=\"2000\" height=\"1331\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/021_Alameda_MarioGonzalezPressConf_04272021_qed.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/021_Alameda_MarioGonzalezPressConf_04272021_qed-800x532.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/021_Alameda_MarioGonzalezPressConf_04272021_qed-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/021_Alameda_MarioGonzalezPressConf_04272021_qed-160x106.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/021_Alameda_MarioGonzalezPressConf_04272021_qed-1536x1022.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/021_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, for a press conference to address the body cam footage that was shown to Gonzalez’s family. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>One protester was singled out by a deputy who approached and said they would be detained for allegedly causing the disruption. After the crowd began to scream and protest, the person was eventually allowed to leave, and no one was detained.\u003c/p>\n\u003cp>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\">charged Eric McKinley, James Fisher and Cameron Leahy with involuntary manslaughter\u003c/a> for the 2021 death of Gonzalez earlier this year, reversing a decision by the previous district attorney, who did not charge them after finding no evidence of wrongdoing.\u003c/p>\n\u003cp>Price’s office filed the criminal complaint and obtained certificates of probable cause signed by a judge on April 18, but the officers’ attorneys argue that wasn’t enough to officially start the felony prosecution within the three-year statute of limitations because arrest warrants for the officers were never filed after Gonzalez’s death on April 19, 2021.\u003c/p>\n\u003cp>“The district attorney’s office has conceded that they did not secure an arrest warrant. In fact, they contend that they affirmatively declined one, which was a fatal error, in our view,” said Alison Berry Wilkinson, Leahy’s attorney.\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>Price’s office declined to comment in an email.\u003c/p>\n\u003cp>Gonzalez, 26, was unarmed when the officers responding to a call of a man behaving oddly pinned him to the ground in an Alameda park.\u003c/p>\n\u003cp>Body camera footage \u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\">released by the city\u003c/a> shows Gonzalez, who does not appear to be fully lucid, mumble multiple responses to the officers’ questions and resist putting his hands behind his back when they try to handcuff him. After several minutes, officers pin Gonzalez on his stomach, and footage shows at least one officer press an elbow and knee into his back and shoulder as he cries out.\u003c/p>\n\u003cp>His calls become weaker, and he remains pinned down for about five minutes before appearing silent and motionless. About 15 seconds later, officers roll him onto his side and declare that he is becoming unresponsive.\u003c/p>\n\u003cp>Officers administered CPR and at least two doses of Narcan before Gonzalez was taken to a hospital, where he was pronounced dead.\u003c/p>\n\u003cp>Gonzalez’s family accused the officers of murder after viewing the video and called it a case of clear\u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\"> police brutality\u003c/a>. 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” and “other significant conditions,” including stress related to altercation and restraint, morbid obesity and alcoholism.\u003c/p>\n\u003cfigure id=\"attachment_11870697\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11870697\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/04/RS48718_037_Alameda_MarioGonzalezVigil_04212021-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/04/RS48718_037_Alameda_MarioGonzalezVigil_04212021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/04/RS48718_037_Alameda_MarioGonzalezVigil_04212021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/04/RS48718_037_Alameda_MarioGonzalezVigil_04212021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/04/RS48718_037_Alameda_MarioGonzalezVigil_04212021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/04/RS48718_037_Alameda_MarioGonzalezVigil_04212021-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A memorial for Mario Gonzalez during a vigil in his honor in Alameda on April 21, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The district attorney’s office, led at the time by Nancy O’Malley, cleared the involved officers of any criminal liability.\u003c/p>\n\u003cp>Shortly after taking office in January 2023, Price reopened Gonzalez’s case through her administration’s new Public Accountability Unit. 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>Price’s office filed charges against the officers on April 18 and notified them of the charges the following day with a notice to appear in court.\u003c/p>\n\u003cp>Defense attorneys argue that simply filing the charges and obtaining the certificates of probable cause was not enough to meet the three-year statute of limitations, which Wilkinson said expired on April 18 at 11:59 p.m. In its opposition to the motion to dismiss, the district attorney’s office argued that the way the timeframe has been “consistently applied by California courts” would extend the statute of limitations through 11:59 p.m. on April 19 and that it began prosecution on time.\u003c/p>\n\u003cp>[aside postID=news_12004395 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/06/20240608_PriceRecallKickoff_GC-44_qut-1020x662.jpg']\u003c/p>\n\u003cp>“They say that they believe a notice to appear, which is an informal letter sent by the district attorney’s office to someone who has been charged with an offense, is sufficient,” Wilkinson said. “Unfortunately, the California Legislature doesn’t agree with them. And so the Legislature says one of four things has to happen.”\u003c/p>\n\u003cp>In their motion, the defense attorneys say prosecution commences when an indictment or information is filed, a complaint charging a misdemeanor or infraction is filed, the defendant is arraigned on a felony complaint, or an arrest or bench warrant is issued.\u003c/p>\n\u003cp>“They didn’t do any of the four,” Wilkinson said.\u003c/p>\n\u003cp>Price’s office responded in its opposition that it did commence timely prosecution and that by acknowledging receiving the complaint, probable cause declaration and notice to appear letter on April 19, “defendants cured any remaining jurisdictional defects.”\u003c/p>\n\u003cp>Those documents established probable cause to arrest and gave defendants notification of the prosecution before the deadline of April 19 at 11:59 p.m., Price wrote, adding that her office opted for that procedure instead of arrest warrants in part as a “courtesy” to the officers.\u003c/p>\n\u003cp>“The statute of limitations did not expire, and the case should not be dismissed,” Price wrote in her opposition.\u003c/p>\n\u003cp>However, Wilkinson believes Price failed to fulfill the “everyday steps required to start a criminal case” and that the charges might have been rushed because of the recall election Price faces in November.\u003c/p>\n\u003cp>“This filing occurred just within a day or so of the DA’s recall being certified,” she said. “It appears that they rushed to file these in a political effort to help support her recall campaign. We don’t know that for certain, but that is certainly how it appears.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Patton did not issue a ruling on the motion, and the next hearing is scheduled for Oct. 11.\u003c/p>\n\u003cp>There was some commotion in the hallway after sheriff’s deputies asked members of the public to immediately vacate the courtroom following the hearing. Supporters wearing shirts that read “Justice for Mario Gonzalez” began to chant as the crowd filed out, and as the chants grew louder, deputies demanded that they stop and threatened legal action.\u003c/p>\n\u003cfigure id=\"attachment_12005495\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12005495\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/021_Alameda_MarioGonzalezPressConf_04272021_qed.jpg\" alt=\"\" width=\"2000\" height=\"1331\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/021_Alameda_MarioGonzalezPressConf_04272021_qed.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/021_Alameda_MarioGonzalezPressConf_04272021_qed-800x532.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/021_Alameda_MarioGonzalezPressConf_04272021_qed-1020x679.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/021_Alameda_MarioGonzalezPressConf_04272021_qed-160x106.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/021_Alameda_MarioGonzalezPressConf_04272021_qed-1536x1022.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/09/021_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, for a press conference to address the body cam footage that was shown to Gonzalez’s family. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>One protester was singled out by a deputy who approached and said they would be detained for allegedly causing the disruption. After the crowd began to scream and protest, the person was eventually allowed to leave, and no one was detained.\u003c/p>\n\u003cp>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\">charged Eric McKinley, James Fisher and Cameron Leahy with involuntary manslaughter\u003c/a> for the 2021 death of Gonzalez earlier this year, reversing a decision by the previous district attorney, who did not charge them after finding no evidence of wrongdoing.\u003c/p>\n\u003cp>Price’s office filed the criminal complaint and obtained certificates of probable cause signed by a judge on April 18, but the officers’ attorneys argue that wasn’t enough to officially start the felony prosecution within the three-year statute of limitations because arrest warrants for the officers were never filed after Gonzalez’s death on April 19, 2021.\u003c/p>\n\u003cp>“The district attorney’s office has conceded that they did not secure an arrest warrant. In fact, they contend that they affirmatively declined one, which was a fatal error, in our view,” said Alison Berry Wilkinson, Leahy’s attorney.\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>Price’s office declined to comment in an email.\u003c/p>\n\u003cp>Gonzalez, 26, was unarmed when the officers responding to a call of a man behaving oddly pinned him to the ground in an Alameda park.\u003c/p>\n\u003cp>Body camera footage \u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\">released by the city\u003c/a> shows Gonzalez, who does not appear to be fully lucid, mumble multiple responses to the officers’ questions and resist putting his hands behind his back when they try to handcuff him. After several minutes, officers pin Gonzalez on his stomach, and footage shows at least one officer press an elbow and knee into his back and shoulder as he cries out.\u003c/p>\n\u003cp>His calls become weaker, and he remains pinned down for about five minutes before appearing silent and motionless. About 15 seconds later, officers roll him onto his side and declare that he is becoming unresponsive.\u003c/p>\n\u003cp>Officers administered CPR and at least two doses of Narcan before Gonzalez was taken to a hospital, where he was pronounced dead.\u003c/p>\n\u003cp>Gonzalez’s family accused the officers of murder after viewing the video and called it a case of clear\u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\"> police brutality\u003c/a>. 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” and “other significant conditions,” including stress related to altercation and restraint, morbid obesity and alcoholism.\u003c/p>\n\u003cfigure id=\"attachment_11870697\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11870697\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/04/RS48718_037_Alameda_MarioGonzalezVigil_04212021-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2021/04/RS48718_037_Alameda_MarioGonzalezVigil_04212021-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/04/RS48718_037_Alameda_MarioGonzalezVigil_04212021-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/04/RS48718_037_Alameda_MarioGonzalezVigil_04212021-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/04/RS48718_037_Alameda_MarioGonzalezVigil_04212021-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2021/04/RS48718_037_Alameda_MarioGonzalezVigil_04212021-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A memorial for Mario Gonzalez during a vigil in his honor in Alameda on April 21, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The district attorney’s office, led at the time by Nancy O’Malley, cleared the involved officers of any criminal liability.\u003c/p>\n\u003cp>Shortly after taking office in January 2023, Price reopened Gonzalez’s case through her administration’s new Public Accountability Unit. 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>Price’s office filed charges against the officers on April 18 and notified them of the charges the following day with a notice to appear in court.\u003c/p>\n\u003cp>Defense attorneys argue that simply filing the charges and obtaining the certificates of probable cause was not enough to meet the three-year statute of limitations, which Wilkinson said expired on April 18 at 11:59 p.m. In its opposition to the motion to dismiss, the district attorney’s office argued that the way the timeframe has been “consistently applied by California courts” would extend the statute of limitations through 11:59 p.m. on April 19 and that it began prosecution on time.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“They say that they believe a notice to appear, which is an informal letter sent by the district attorney’s office to someone who has been charged with an offense, is sufficient,” Wilkinson said. “Unfortunately, the California Legislature doesn’t agree with them. And so the Legislature says one of four things has to happen.”\u003c/p>\n\u003cp>In their motion, the defense attorneys say prosecution commences when an indictment or information is filed, a complaint charging a misdemeanor or infraction is filed, the defendant is arraigned on a felony complaint, or an arrest or bench warrant is issued.\u003c/p>\n\u003cp>“They didn’t do any of the four,” Wilkinson said.\u003c/p>\n\u003cp>Price’s office responded in its opposition that it did commence timely prosecution and that by acknowledging receiving the complaint, probable cause declaration and notice to appear letter on April 19, “defendants cured any remaining jurisdictional defects.”\u003c/p>\n\u003cp>Those documents established probable cause to arrest and gave defendants notification of the prosecution before the deadline of April 19 at 11:59 p.m., Price wrote, adding that her office opted for that procedure instead of arrest warrants in part as a “courtesy” to the officers.\u003c/p>\n\u003cp>“The statute of limitations did not expire, and the case should not be dismissed,” Price wrote in her opposition.\u003c/p>\n\u003cp>However, Wilkinson believes Price failed to fulfill the “everyday steps required to start a criminal case” and that the charges might have been rushed because of the recall election Price faces in November.\u003c/p>\n\u003cp>“This filing occurred just within a day or so of the DA’s recall being certified,” she said. “It appears that they rushed to file these in a political effort to help support her recall campaign. We don’t know that for certain, but that is certainly how it appears.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Alameda County DA Charges 3 Police Officers With Manslaughter in Death of Mario Gonzalez",
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"content": "\u003cp>\u003cem>Updated 5 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>Alameda County District Attorney Pamela Price on Thursday announced her office had filed involuntary manslaughter charges against three Alameda police officers involved in the 2021 death of Mario Gonzalez, a young, unarmed man who stopped breathing after they pinned him face-down to the ground in a city park.\u003c/p>\n\u003cp>Price’s move to file felony charges against the officers — Eric McKinley, James Fisher and Cameron Leahy — reverses the decision of her predecessor, \u003ca class=\"\" href=\"https://www.kqed.org/news/11910601/no-criminal-charges-against-alameda-officers-in-death-of-mario-gonzalez\" data-link=\"native\">who in 2022 declined to charge them after finding no evidence of wrongdoing.\u003c/a>\u003c/p>\n\u003cp>The Gonzalez case was one of the highest-profile of \u003ca class=\"\" href=\"https://www.sfchronicle.com/eastbay/article/alameda-county-d-a-reopening-investigations-for-17754790.php\" data-link=\"native\">eight police shootings or in-custody deaths\u003c/a> that Price, a former civil rights attorney, reopened shortly after taking office last year.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>At a Thursday press conference, Price said she had been “walled off” from this particular case and that her office’s Public Accountability Unit had independently made the charging decision. Price created that unit after taking office to review officer misconduct cases like this one.\u003c/p>\n\u003cp>“It is important that we have a Public Accountability Unit, that we hold people accountable when there is harm, and that we don’t have a double standard,” said Price, who is also now facing \u003ca class=\"\" href=\"https://www.sfchronicle.com/bayarea/article/pamela-price-alameda-county-da-face-recall-vote-19404771.php\" data-link=\"native\">a recall election\u003c/a>. “We won’t be able to administer justice if the community doesn’t trust that the system is going to work for everybody on an equal basis.”\u003c/p>\n\u003cp>“We’re trying to rebuild trust in a system that has not always been fair to folks, particularly in Alameda County,” she said.\u003c/p>\n\u003cp>If convicted, the officers could face up to four years in state prison.\u003c/p>\n\u003cp>During Thursday’s press conference, Price declined to say if any new evidence had been introduced that may have influenced the decision to bring the new charges, which were were filed just before the criminal statute of limitations expired.\u003c/p>\n\u003cp>All three officers continue to work in law enforcement. Fisher is a Contra Costa County sheriff’s deputy, while Leahy and McKinley are still at the Alameda Police Department. The two were placed on leave on April 17, after the department was notified of the charges, Alameda Police Chief Nishant Joshi said in a statement on Friday.[aside label=\"related coverage\" tag=\"mario-gonzalez\"]Joshi, who became chief shortly after the incident, said he was confident in the justice system and pledged to fully cooperate with the process.\u003c/p>\n\u003cp>But he also noted that he had conducted his own “independent review” of the multiple previous investigations — including those done by the Alameda County Sheriff’s Office, the Coroner’s Bureau, and the city — and said he “concurred that Alameda police officers did not engage in any misconduct and I stand by that decision today.”\u003c/p>\n\u003cp>Alison Berry Wilkinson, an attorney who represented the three officers during the previous investigations, blasted the DA’s decision, calling it a blatant act of “political prosecution.”\u003c/p>\n\u003cp>“The District Attorney waited until the 11th hour before the statute of limitations was set to expire to bring these charges just days after it was confirmed she would face recall,” she said in an email statement. “There is no new evidence.”\u003c/p>\n\u003cp>Wilkinson defended the officers’ actions while taking Gonzalez into custody as “reasonable, necessary, and lawful” and attributed his death to “drug toxicity, not criminal misconduct.”\u003c/p>\n\u003cp>“We are confident a jury will see through this charade and exonerate the officers, just as the two prior independent investigations did,” she added.\u003c/p>\n\u003cp>But Oakland civil rights attorney Michael Haddad praised the DA’s decision to file charges.\u003c/p>\n\u003cp>“These charges are long overdue. They’re not excessive,” Haddad told KQED on Friday.\u003c/p>\n\u003cp>“They’re very appropriate and in fact obvious in this situation. I think that from our work in the civil case, we basically gave the district attorney this case tied up in a bow, just from the records we filed in open court,” he said. “And it’s really clear that a jury should decide whether these officers are criminally responsible.”\u003c/p>\n\u003cp>Gonzalez, a 26-year-old man from Oakland, was confronted by three police officers in a small Alameda park on the \u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\">morning of April 19, 2021\u003c/a>, after several neighbors called 911 reporting a man behaving erratically.\u003c/p>\n\u003cp>As captured in the nearly \u003ca href=\"https://www.youtube.com/watch?v=OBJnToNolHw\">hour-long police body camera video\u003c/a>, the interaction began calmly but quickly escalated after the officers made repeated, unsuccessful attempts to obtain Gonzalez’s full name and ID. They then grabbed him without ever accusing him of a crime or placing him under arrest. When Gonzalez resisted, the officers took him to the ground, pinning him on his stomach, with at least one of them pressing an elbow and knee into his back and shoulder as he struggled.\u003c/p>\n\u003cp>The officers continued to hold Gonzalez in a prone position, his hands restrained behind his back, for roughly five minutes, at which point he went limp and appeared to stop breathing.\u003c/p>\n\u003cp>After officers performed CPR and administered at least two doses of Narcan, a drug used to counteract opiate overdoses, paramedics rushed Gonzalez to Alameda Hospital, where he was pronounced dead.\u003c/p>\n\u003cp>The incident sparked fierce local protests.\u003c/p>\n\u003cp>The 2022 review of the case by then-DA Nancy O’Malley’s office found the officers acted reasonably out of concern that Gonzalez might pose a threat to them, himself and others. O’Malley’s office said the officers had tried to “deescalate” the situation by using “necessary” force but never struck Gonzalez or used any illicit chokeholds or weapons.\u003c/p>\n\u003cp>An autopsy \u003ca href=\"https://www.alamedaca.gov/files/assets/public/alameda-pio/gonzalez-mario-coroners-investigation.pdf\">performed by the Alameda County coroner (PDF)\u003c/a>, and released nearly eight months after the incident, classified Gonzalez’s death as a homicide, but identified the “toxic effects of methamphetamine” as the leading cause of his fatal cardiac arrest. A \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Second-autopsy-finds-Mario-Gonzalez-died-of-17131892.php\">subsequent independent autopsy\u003c/a>, requested by attorneys representing Gonzalez’s family, classified the death as a homicide, attributing it to “restraint asphyxiation.”\u003c/p>\n\u003cp>Robert Weisberg, law professor and co-director of Stanford University’s Criminal Justice Center, told KQED on Friday it would be a potentially close case.\u003c/p>\n\u003cp>“These would be difficult jury questions,” Weisberg said. “First if the restraint even played a significant causal role in his death, and second of course whether the officers displayed gross negligence or recklessness in supplying that excessive pressure.”\u003c/p>\n\u003cp>“I can imagine a judge saying ‘Yes, I think there’s sufficient evidence,’ from which a jury could conclude that there’s a basis for an involuntary manslaughter charge. But it’s very tough to say whether a jury would come to that conclusion.”\u003c/p>\n\u003cp>Last December, the city of Alameda agreed \u003ca href=\"https://www.kqed.org/news/11970180/attorney-for-family-of-mario-gonzalez-calls-11-million-settlement-a-historic-amount\">to pay $11 million to Gonzalez’s 7-year-old son\u003c/a> and $350,000 to his mother to settle a civil rights suit.\u003c/p>\n\u003cp>\u003cem>This story includes reporting from KQED’s Alex Emslie.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 5 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>Alameda County District Attorney Pamela Price on Thursday announced her office had filed involuntary manslaughter charges against three Alameda police officers involved in the 2021 death of Mario Gonzalez, a young, unarmed man who stopped breathing after they pinned him face-down to the ground in a city park.\u003c/p>\n\u003cp>Price’s move to file felony charges against the officers — Eric McKinley, James Fisher and Cameron Leahy — reverses the decision of her predecessor, \u003ca class=\"\" href=\"https://www.kqed.org/news/11910601/no-criminal-charges-against-alameda-officers-in-death-of-mario-gonzalez\" data-link=\"native\">who in 2022 declined to charge them after finding no evidence of wrongdoing.\u003c/a>\u003c/p>\n\u003cp>The Gonzalez case was one of the highest-profile of \u003ca class=\"\" href=\"https://www.sfchronicle.com/eastbay/article/alameda-county-d-a-reopening-investigations-for-17754790.php\" data-link=\"native\">eight police shootings or in-custody deaths\u003c/a> that Price, a former civil rights attorney, reopened shortly after taking office last year.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>At a Thursday press conference, Price said she had been “walled off” from this particular case and that her office’s Public Accountability Unit had independently made the charging decision. Price created that unit after taking office to review officer misconduct cases like this one.\u003c/p>\n\u003cp>“It is important that we have a Public Accountability Unit, that we hold people accountable when there is harm, and that we don’t have a double standard,” said Price, who is also now facing \u003ca class=\"\" href=\"https://www.sfchronicle.com/bayarea/article/pamela-price-alameda-county-da-face-recall-vote-19404771.php\" data-link=\"native\">a recall election\u003c/a>. “We won’t be able to administer justice if the community doesn’t trust that the system is going to work for everybody on an equal basis.”\u003c/p>\n\u003cp>“We’re trying to rebuild trust in a system that has not always been fair to folks, particularly in Alameda County,” she said.\u003c/p>\n\u003cp>If convicted, the officers could face up to four years in state prison.\u003c/p>\n\u003cp>During Thursday’s press conference, Price declined to say if any new evidence had been introduced that may have influenced the decision to bring the new charges, which were were filed just before the criminal statute of limitations expired.\u003c/p>\n\u003cp>All three officers continue to work in law enforcement. Fisher is a Contra Costa County sheriff’s deputy, while Leahy and McKinley are still at the Alameda Police Department. The two were placed on leave on April 17, after the department was notified of the charges, Alameda Police Chief Nishant Joshi said in a statement on Friday.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Joshi, who became chief shortly after the incident, said he was confident in the justice system and pledged to fully cooperate with the process.\u003c/p>\n\u003cp>But he also noted that he had conducted his own “independent review” of the multiple previous investigations — including those done by the Alameda County Sheriff’s Office, the Coroner’s Bureau, and the city — and said he “concurred that Alameda police officers did not engage in any misconduct and I stand by that decision today.”\u003c/p>\n\u003cp>Alison Berry Wilkinson, an attorney who represented the three officers during the previous investigations, blasted the DA’s decision, calling it a blatant act of “political prosecution.”\u003c/p>\n\u003cp>“The District Attorney waited until the 11th hour before the statute of limitations was set to expire to bring these charges just days after it was confirmed she would face recall,” she said in an email statement. “There is no new evidence.”\u003c/p>\n\u003cp>Wilkinson defended the officers’ actions while taking Gonzalez into custody as “reasonable, necessary, and lawful” and attributed his death to “drug toxicity, not criminal misconduct.”\u003c/p>\n\u003cp>“We are confident a jury will see through this charade and exonerate the officers, just as the two prior independent investigations did,” she added.\u003c/p>\n\u003cp>But Oakland civil rights attorney Michael Haddad praised the DA’s decision to file charges.\u003c/p>\n\u003cp>“These charges are long overdue. They’re not excessive,” Haddad told KQED on Friday.\u003c/p>\n\u003cp>“They’re very appropriate and in fact obvious in this situation. I think that from our work in the civil case, we basically gave the district attorney this case tied up in a bow, just from the records we filed in open court,” he said. “And it’s really clear that a jury should decide whether these officers are criminally responsible.”\u003c/p>\n\u003cp>Gonzalez, a 26-year-old man from Oakland, was confronted by three police officers in a small Alameda park on the \u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\">morning of April 19, 2021\u003c/a>, after several neighbors called 911 reporting a man behaving erratically.\u003c/p>\n\u003cp>As captured in the nearly \u003ca href=\"https://www.youtube.com/watch?v=OBJnToNolHw\">hour-long police body camera video\u003c/a>, the interaction began calmly but quickly escalated after the officers made repeated, unsuccessful attempts to obtain Gonzalez’s full name and ID. They then grabbed him without ever accusing him of a crime or placing him under arrest. When Gonzalez resisted, the officers took him to the ground, pinning him on his stomach, with at least one of them pressing an elbow and knee into his back and shoulder as he struggled.\u003c/p>\n\u003cp>The officers continued to hold Gonzalez in a prone position, his hands restrained behind his back, for roughly five minutes, at which point he went limp and appeared to stop breathing.\u003c/p>\n\u003cp>After officers performed CPR and administered at least two doses of Narcan, a drug used to counteract opiate overdoses, paramedics rushed Gonzalez to Alameda Hospital, where he was pronounced dead.\u003c/p>\n\u003cp>The incident sparked fierce local protests.\u003c/p>\n\u003cp>The 2022 review of the case by then-DA Nancy O’Malley’s office found the officers acted reasonably out of concern that Gonzalez might pose a threat to them, himself and others. O’Malley’s office said the officers had tried to “deescalate” the situation by using “necessary” force but never struck Gonzalez or used any illicit chokeholds or weapons.\u003c/p>\n\u003cp>An autopsy \u003ca href=\"https://www.alamedaca.gov/files/assets/public/alameda-pio/gonzalez-mario-coroners-investigation.pdf\">performed by the Alameda County coroner (PDF)\u003c/a>, and released nearly eight months after the incident, classified Gonzalez’s death as a homicide, but identified the “toxic effects of methamphetamine” as the leading cause of his fatal cardiac arrest. A \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Second-autopsy-finds-Mario-Gonzalez-died-of-17131892.php\">subsequent independent autopsy\u003c/a>, requested by attorneys representing Gonzalez’s family, classified the death as a homicide, attributing it to “restraint asphyxiation.”\u003c/p>\n\u003cp>Robert Weisberg, law professor and co-director of Stanford University’s Criminal Justice Center, told KQED on Friday it would be a potentially close case.\u003c/p>\n\u003cp>“These would be difficult jury questions,” Weisberg said. “First if the restraint even played a significant causal role in his death, and second of course whether the officers displayed gross negligence or recklessness in supplying that excessive pressure.”\u003c/p>\n\u003cp>“I can imagine a judge saying ‘Yes, I think there’s sufficient evidence,’ from which a jury could conclude that there’s a basis for an involuntary manslaughter charge. But it’s very tough to say whether a jury would come to that conclusion.”\u003c/p>\n\u003cp>Last December, the city of Alameda agreed \u003ca href=\"https://www.kqed.org/news/11970180/attorney-for-family-of-mario-gonzalez-calls-11-million-settlement-a-historic-amount\">to pay $11 million to Gonzalez’s 7-year-old son\u003c/a> and $350,000 to his mother to settle a civil rights suit.\u003c/p>\n\u003cp>\u003cem>This story includes reporting from KQED’s Alex Emslie.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>An attorney representing the family of Mario Gonzalez, who died in April 2021 after Alameda police officers restrained him on the ground, called the $11 million settlement the city has agreed to pay his young son “a historic amount.”\u003c/p>\n\u003cp>“Our research shows that there’s been no other case in California in the last 10 years where there’s been a death in a civil rights situation that awarded more money to a child,” said Michael Haddad, a civil rights attorney with the Oakland firm Haddad & Sherwin LLP. “Nobody pays [$11 million] if they’re not liable.”\u003c/p>\n\u003cp>Haddad spoke to KQED on Friday, a day after the city of Alameda announced it would pay that amount to Gonzalez’s now 7-year-old son, as well as $350,000 to Gonzalez’s mother, Edith Arenales, to settle two federal civil rights lawsuits filed separately against the city.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“$11 million is a lot of money for a 7-year-old,” Haddad said. “And we felt that that was sufficient to send the message we wanted to send — that law enforcement around the state and around the country has to do better.”\u003c/p>\n\u003cp>Payments for both settlements will come from the California Joint Powers Risk Management Authority, a public entity that insures a handful of California cities against major financial liability, Alameda officials said in a statement on Thursday.[pullquote align=\"right\" size=\"medium\" citation=\"Michael Haddad, Oakland civil rights attorney\"]‘$11 million is a lot of money for a 7-year-old. And we felt that that was sufficient to send the message we wanted to send, that law enforcement around the state and around the country has to do better.’[/pullquote]The payments “shall fully and forever discharge and release all claims and causes of action … and shall not be construed as an admission by any party of liability,” the statement said. “The City of Alameda remains committed to full transparency and accountability in the tragic death of Mario Gonzalez and extends our heartfelt condolences to his family and loved ones.”\u003c/p>\n\u003cp>Gonzalez, a 26-year-old man from Oakland, was confronted by three police officers in a small Alameda park on the \u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\">morning of April 19, 2021\u003c/a>, after several neighbors called 911 reporting a man behaving erratically.\u003c/p>\n\u003cp>As captured in the nearly \u003ca href=\"https://www.youtube.com/watch?v=OBJnToNolHw\">hour-long police body camera video\u003c/a>, the interaction began calmly, but quickly escalated after the officers made repeated, unsuccessful attempts to obtain Gonzalez’s full name and ID. They then grabbed him, without ever accusing him of a crime or placing him under arrest. When Gonzalez resisted, the officers took him to the ground, pinning him on his stomach, with at least one of them pressing an elbow and knee into his back and shoulder as he struggled.\u003c/p>\n\u003cp>The officers continued to hold Gonzalez in a prone position, his hands restrained behind his back, for roughly five minutes, at which point he went limp and appeared to stop breathing.\u003c/p>\n\u003cp>After officers performed CPR and administered at least two doses of Narcan, used to counteract opiate overdoses, Gonzalez was rushed by paramedics to Alameda Hospital, where he was pronounced dead.[aside label='more on Mario Gonzalez' tag='mario-gonzalez']An autopsy \u003ca href=\"https://www.alamedaca.gov/files/assets/public/alameda-pio/gonzalez-mario-coroners-investigation.pdf\">performed by the Alameda County coroner (PDF)\u003c/a>, and released nearly eight months after the incident, classified Gonzalez’s death as a homicide, but identified the “toxic effects of methamphetamine” as the leading cause of his fatal cardiac arrest. A \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Second-autopsy-finds-Mario-Gonzalez-died-of-17131892.php\">subsequent independent autopsy\u003c/a>, requested by Haddad’s firm, also classified Gonzalez’s death as a homicide, but concluded he died from “restraint asphyxiation.”\u003c/p>\n\u003cp>“This didn’t need to happen. And this is the result,” Haddad said of Gonzalez’s death, an incident that sparked fierce local protests and drew comparisons to the murder of George Floyd in Minneapolis the previous year.\u003c/p>\n\u003cp>“This was a really egregious case of police misconduct, a violation of the officers’ own training and well-known law enforcement standards to avoid asphyxiating people after they’re handcuffed,” he added. “I wish this would be the last asphyxial death we ever hear of.”\u003c/p>\n\u003cp>Nearly a year after Gonzalez’s death, former Alameda County District Attorney Nancy O’Malley \u003ca href=\"https://www.kqed.org/news/11910601/no-criminal-charges-against-alameda-officers-in-death-of-mario-gonzalez\">declined to prosecute the three officers\u003c/a>, concluding they had acted reasonably in detaining and arresting him and were not “criminally liable.”\u003c/p>\n\u003cp>Shortly after taking office earlier this year, Pamela Price, O’Malley’s more progressive successor, listed the case as one of the many officer-involved incidents \u003ca href=\"https://www.sfchronicle.com/eastbay/article/alameda-county-d-a-reopening-investigations-for-17754790.php\">she intended to reopen and investigate\u003c/a>, although her office has yet to announce any new criminal charges.\u003c/p>\n\u003cp>“I think that this does put the onus on [Price] now to say what she’s going to do,” Haddad said, “given the extremely large settlement which reflects on the egregiousness of what the officers did.”\u003c/p>\n\u003cp>\u003cem>KQED’s Tara Siler contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>An attorney representing the family of Mario Gonzalez, who died in April 2021 after Alameda police officers restrained him on the ground, called the $11 million settlement the city has agreed to pay his young son “a historic amount.”\u003c/p>\n\u003cp>“Our research shows that there’s been no other case in California in the last 10 years where there’s been a death in a civil rights situation that awarded more money to a child,” said Michael Haddad, a civil rights attorney with the Oakland firm Haddad & Sherwin LLP. “Nobody pays [$11 million] if they’re not liable.”\u003c/p>\n\u003cp>Haddad spoke to KQED on Friday, a day after the city of Alameda announced it would pay that amount to Gonzalez’s now 7-year-old son, as well as $350,000 to Gonzalez’s mother, Edith Arenales, to settle two federal civil rights lawsuits filed separately against the city.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“$11 million is a lot of money for a 7-year-old,” Haddad said. “And we felt that that was sufficient to send the message we wanted to send — that law enforcement around the state and around the country has to do better.”\u003c/p>\n\u003cp>Payments for both settlements will come from the California Joint Powers Risk Management Authority, a public entity that insures a handful of California cities against major financial liability, Alameda officials said in a statement on Thursday.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The payments “shall fully and forever discharge and release all claims and causes of action … and shall not be construed as an admission by any party of liability,” the statement said. “The City of Alameda remains committed to full transparency and accountability in the tragic death of Mario Gonzalez and extends our heartfelt condolences to his family and loved ones.”\u003c/p>\n\u003cp>Gonzalez, a 26-year-old man from Oakland, was confronted by three police officers in a small Alameda park on the \u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\">morning of April 19, 2021\u003c/a>, after several neighbors called 911 reporting a man behaving erratically.\u003c/p>\n\u003cp>As captured in the nearly \u003ca href=\"https://www.youtube.com/watch?v=OBJnToNolHw\">hour-long police body camera video\u003c/a>, the interaction began calmly, but quickly escalated after the officers made repeated, unsuccessful attempts to obtain Gonzalez’s full name and ID. They then grabbed him, without ever accusing him of a crime or placing him under arrest. When Gonzalez resisted, the officers took him to the ground, pinning him on his stomach, with at least one of them pressing an elbow and knee into his back and shoulder as he struggled.\u003c/p>\n\u003cp>The officers continued to hold Gonzalez in a prone position, his hands restrained behind his back, for roughly five minutes, at which point he went limp and appeared to stop breathing.\u003c/p>\n\u003cp>After officers performed CPR and administered at least two doses of Narcan, used to counteract opiate overdoses, Gonzalez was rushed by paramedics to Alameda Hospital, where he was pronounced dead.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>An autopsy \u003ca href=\"https://www.alamedaca.gov/files/assets/public/alameda-pio/gonzalez-mario-coroners-investigation.pdf\">performed by the Alameda County coroner (PDF)\u003c/a>, and released nearly eight months after the incident, classified Gonzalez’s death as a homicide, but identified the “toxic effects of methamphetamine” as the leading cause of his fatal cardiac arrest. A \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Second-autopsy-finds-Mario-Gonzalez-died-of-17131892.php\">subsequent independent autopsy\u003c/a>, requested by Haddad’s firm, also classified Gonzalez’s death as a homicide, but concluded he died from “restraint asphyxiation.”\u003c/p>\n\u003cp>“This didn’t need to happen. And this is the result,” Haddad said of Gonzalez’s death, an incident that sparked fierce local protests and drew comparisons to the murder of George Floyd in Minneapolis the previous year.\u003c/p>\n\u003cp>“This was a really egregious case of police misconduct, a violation of the officers’ own training and well-known law enforcement standards to avoid asphyxiating people after they’re handcuffed,” he added. “I wish this would be the last asphyxial death we ever hear of.”\u003c/p>\n\u003cp>Nearly a year after Gonzalez’s death, former Alameda County District Attorney Nancy O’Malley \u003ca href=\"https://www.kqed.org/news/11910601/no-criminal-charges-against-alameda-officers-in-death-of-mario-gonzalez\">declined to prosecute the three officers\u003c/a>, concluding they had acted reasonably in detaining and arresting him and were not “criminally liable.”\u003c/p>\n\u003cp>Shortly after taking office earlier this year, Pamela Price, O’Malley’s more progressive successor, listed the case as one of the many officer-involved incidents \u003ca href=\"https://www.sfchronicle.com/eastbay/article/alameda-county-d-a-reopening-investigations-for-17754790.php\">she intended to reopen and investigate\u003c/a>, although her office has yet to announce any new criminal charges.\u003c/p>\n\u003cp>“I think that this does put the onus on [Price] now to say what she’s going to do,” Haddad said, “given the extremely large settlement which reflects on the egregiousness of what the officers did.”\u003c/p>\n\u003cp>\u003cem>KQED’s Tara Siler contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>No criminal charges will be filed against three Alameda police officers who pinned an Oakland man to the ground last year in a confrontation that resulted in his death, the Alameda County District Attorney’s Office announced late Thursday.\u003c/p>\n\u003cp>The officers acted reasonably in detaining and arresting Mario Gonzalez, and “the elements of the relevant crimes cannot be proven beyond a reasonable doubt,” according to the \u003ca href=\"https://www.alamedaca.gov/files/assets/public/alameda-pio/da_report_gonzalez.pdf\">final in-custody death report\u003c/a> from the DA’s office.\u003c/p>\n\u003cp>“Applying the high standards by which the District Attorney’s Office is ethically bound, we can only conclude that the officers involved in this incident are not criminally liable,” the report said.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\">On the morning of April 19\u003c/a>, three Alameda police officers confronted Gonzalez in a small Alameda park in a residential neighborhood after responding to separate 911 calls. The first caller described a man “talking to himself” and “not making any sense.”[aside label=\"Related Stories\" postID=\"news_11898773,news_11871887,news_11871345\"]“He seems like he’s tweaking. But he’s not doing anything wrong, he’s just scaring my wife,” the caller said.\u003c/p>\n\u003cp>The second caller reported the man lingering in the park on Oak and Powell streets and appearing to be trying to break store security tags off alcohol bottles.\u003c/p>\n\u003cp>As captured in the nearly \u003ca href=\"https://www.youtube.com/watch?v=OBJnToNolHw\">hour-long bodycam video\u003c/a>, the incident began calmly, but after the three officers’ made repeated, unsuccessful attempts to obtain Gonzalez’s full name or ID, they grabbed him, never saying he was under arrest. When Gonzalez resisted being handcuffed, the officers took him to the ground, pinning him on his stomach, with at least one pressing an elbow and knee into his back and shoulder. They handcuffed him, holding him down with his hands behind his back as he continued to struggle. After roughly five minutes, he appeared to go limp and stopped breathing.\u003c/p>\n\u003cp>After the officers performed CPR and administered at least two doses of Narcan — given to counteract opiate overdoses — Gonzalez was rushed by paramedics to Alameda Hospital and pronounced dead at 11:45 a.m., according to the autopsy report.\u003c/p>\n\u003cp>Gonzalez’s death, which sparked community protests and calls for police reform, came a day before a jury in Minneapolis convicted former police officer Derek Chauvin of murder in the custody death of George Floyd.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.kqed.org/news/11898773/mario-gonzalezs-death-at-hands-of-alameda-police-ruled-a-homicide-but-linked-to-substance-abuse-and-health-issues\">the autopsy report\u003c/a>, released nearly eight months after the incident, the Alameda County Coroner’s Bureau classified Gonzalez’s death as a homicide. However, it said he died from cardiac arrest, and listed the “the toxic effects of methamphetamine” as the leading cause. The report also noted several contributing health factors, including morbid obesity, alcoholism and an enlarged heart.\u003c/p>\n\u003cp>The meth could have led to a fatal cardiac arrhythmia and the stress of struggling and being detained by police could have put overwhelming strain on his heart, the autopsy report concluded.\u003c/p>\n\u003cp>The DA’s review found the officers acted reasonably out of concern that Gonzalez might pose a threat to them, himself and others. It said they tried to “deescalate” the situation by using “necessary” force, but never struck Gonzalez or used any illicit chokeholds or weapons.\u003c/p>\n\u003cp>Following the announcement, Alison Berry Wilkinson, the officers’ attorney, praised the decision. “The officers are grateful the district attorney recognized that this tragic death was an unintended consequence of their legitimate and lawful actions,” she said in a statement.\u003c/p>\n\u003cp>Michael Haddad, an attorney representing Gonzalez’s 5-year-old son in an ongoing civil rights lawsuit, called the decision disappointing but hardly surprising. “[District Attorney] Nancy O’Malley has a long history of not holding police accountable, even when they act unlawfully,” he said. “They used criminal excessive force that caused a homicide.”\u003c/p>\n\u003cp>The two federal civil rights lawsuits filed on behalf of Gonzalez’s mother and son both allege the officers improperly escalated the confrontation with Gonzalez, who appeared “disoriented and confused,” but was not acting in a threatening manner. The suits accuse the officers of using improper restraint against Gonzalez in a way that asphyxiated him, and ignoring clear signs that he was struggling to breathe.\u003c/p>\n\u003cp>“We still intend to hold the officers fully accountable for killing our client Mario Gonzalez Cortez’s father,” Haddad said.\u003c/p>\n\u003cp>The officers, he said, should have known better than to place weight on Gonzalez’s back while restraining him in a prone position for an extended period of time, a hold that can block the flow of oxygen to the lungs, particularly for someone with a preexisting medical condition.\u003c/p>\n\u003cp>“The police have been trained about this for more than 30 years now,” he said, noting that regardless of Gonzalez’s health conditions, he would still be alive if officers hadn’t restrained him in that way.\u003c/p>\n\u003cp>“They had ruled out all crimes, including theft,” Haddad added. “No harm would have been done by simply walking away and leaving Mario to mind his own business in the park as he had been doing.”\u003c/p>\n\u003cp>In its report, the district attorney’s office noted that it didn’t consider whether the officers may have violated Alameda Police Department policy or used improper but noncriminal tactics.\u003c/p>\n\u003cp>“Those issues are sometimes determined by a civil action” where the standard of proof is lower than for criminal cases, the report said.\u003c/p>\n\u003cp>\u003cem>This post includes reporting from KQED’s Sukey Lewis and Matthew Green, and from The Associated Press. \u003c/em>\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "The Alameda County DA's report found that the three Alameda police officers acted reasonably in restraining and arresting Mario Gonzalez in April last year, and 'are not criminally liable.'",
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"title": "Alameda Police Officers Won't Face Criminal Charges in Death of Mario Gonzalez | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>No criminal charges will be filed against three Alameda police officers who pinned an Oakland man to the ground last year in a confrontation that resulted in his death, the Alameda County District Attorney’s Office announced late Thursday.\u003c/p>\n\u003cp>The officers acted reasonably in detaining and arresting Mario Gonzalez, and “the elements of the relevant crimes cannot be proven beyond a reasonable doubt,” according to the \u003ca href=\"https://www.alamedaca.gov/files/assets/public/alameda-pio/da_report_gonzalez.pdf\">final in-custody death report\u003c/a> from the DA’s office.\u003c/p>\n\u003cp>“Applying the high standards by which the District Attorney’s Office is ethically bound, we can only conclude that the officers involved in this incident are not criminally liable,” the report said.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11871345/city-of-alameda-releases-police-body-cam-footage-of-mario-gonzalez-death\">On the morning of April 19\u003c/a>, three Alameda police officers confronted Gonzalez in a small Alameda park in a residential neighborhood after responding to separate 911 calls. The first caller described a man “talking to himself” and “not making any sense.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“He seems like he’s tweaking. But he’s not doing anything wrong, he’s just scaring my wife,” the caller said.\u003c/p>\n\u003cp>The second caller reported the man lingering in the park on Oak and Powell streets and appearing to be trying to break store security tags off alcohol bottles.\u003c/p>\n\u003cp>As captured in the nearly \u003ca href=\"https://www.youtube.com/watch?v=OBJnToNolHw\">hour-long bodycam video\u003c/a>, the incident began calmly, but after the three officers’ made repeated, unsuccessful attempts to obtain Gonzalez’s full name or ID, they grabbed him, never saying he was under arrest. When Gonzalez resisted being handcuffed, the officers took him to the ground, pinning him on his stomach, with at least one pressing an elbow and knee into his back and shoulder. They handcuffed him, holding him down with his hands behind his back as he continued to struggle. After roughly five minutes, he appeared to go limp and stopped breathing.\u003c/p>\n\u003cp>After the officers performed CPR and administered at least two doses of Narcan — given to counteract opiate overdoses — Gonzalez was rushed by paramedics to Alameda Hospital and pronounced dead at 11:45 a.m., according to the autopsy report.\u003c/p>\n\u003cp>Gonzalez’s death, which sparked community protests and calls for police reform, came a day before a jury in Minneapolis convicted former police officer Derek Chauvin of murder in the custody death of George Floyd.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.kqed.org/news/11898773/mario-gonzalezs-death-at-hands-of-alameda-police-ruled-a-homicide-but-linked-to-substance-abuse-and-health-issues\">the autopsy report\u003c/a>, released nearly eight months after the incident, the Alameda County Coroner’s Bureau classified Gonzalez’s death as a homicide. However, it said he died from cardiac arrest, and listed the “the toxic effects of methamphetamine” as the leading cause. The report also noted several contributing health factors, including morbid obesity, alcoholism and an enlarged heart.\u003c/p>\n\u003cp>The meth could have led to a fatal cardiac arrhythmia and the stress of struggling and being detained by police could have put overwhelming strain on his heart, the autopsy report concluded.\u003c/p>\n\u003cp>The DA’s review found the officers acted reasonably out of concern that Gonzalez might pose a threat to them, himself and others. It said they tried to “deescalate” the situation by using “necessary” force, but never struck Gonzalez or used any illicit chokeholds or weapons.\u003c/p>\n\u003cp>Following the announcement, Alison Berry Wilkinson, the officers’ attorney, praised the decision. “The officers are grateful the district attorney recognized that this tragic death was an unintended consequence of their legitimate and lawful actions,” she said in a statement.\u003c/p>\n\u003cp>Michael Haddad, an attorney representing Gonzalez’s 5-year-old son in an ongoing civil rights lawsuit, called the decision disappointing but hardly surprising. “[District Attorney] Nancy O’Malley has a long history of not holding police accountable, even when they act unlawfully,” he said. “They used criminal excessive force that caused a homicide.”\u003c/p>\n\u003cp>The two federal civil rights lawsuits filed on behalf of Gonzalez’s mother and son both allege the officers improperly escalated the confrontation with Gonzalez, who appeared “disoriented and confused,” but was not acting in a threatening manner. The suits accuse the officers of using improper restraint against Gonzalez in a way that asphyxiated him, and ignoring clear signs that he was struggling to breathe.\u003c/p>\n\u003cp>“We still intend to hold the officers fully accountable for killing our client Mario Gonzalez Cortez’s father,” Haddad said.\u003c/p>\n\u003cp>The officers, he said, should have known better than to place weight on Gonzalez’s back while restraining him in a prone position for an extended period of time, a hold that can block the flow of oxygen to the lungs, particularly for someone with a preexisting medical condition.\u003c/p>\n\u003cp>“The police have been trained about this for more than 30 years now,” he said, noting that regardless of Gonzalez’s health conditions, he would still be alive if officers hadn’t restrained him in that way.\u003c/p>\n\u003cp>“They had ruled out all crimes, including theft,” Haddad added. “No harm would have been done by simply walking away and leaving Mario to mind his own business in the park as he had been doing.”\u003c/p>\n\u003cp>In its report, the district attorney’s office noted that it didn’t consider whether the officers may have violated Alameda Police Department policy or used improper but noncriminal tactics.\u003c/p>\n\u003cp>“Those issues are sometimes determined by a civil action” where the standard of proof is lower than for criminal cases, the report said.\u003c/p>\n\u003cp>\u003cem>This post includes reporting from KQED’s Sukey Lewis and Matthew Green, and from The Associated Press. \u003c/em>\u003cbr>\n\u003c/p>\u003c/div>",
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