It is a sad day when political expediency and obvious conflicts of interest seemingly outweigh the principles of equal justice under the law as it has in the death (of) Mario and far too many other men, women and children killed by police, Pointer said. James Fisher, Cameron Leahy and Eric McKinley be fired and charged. The autopsy released eight months after the incident found that Mario Gonzalez died due to a heart attack during an April 19 struggle with police. Omalu wrote in part that Gonzalezs brain injury, caused by the asphyxiation, far exceeds and supersedes the toxicity caused by methamphetamine in his bloodstream as a cause of death. "We often see in these cases of mechanical asphyxia or restraint asphyxia the pathologist attributing the death to methamphetamine," Sherwin says, adding, "It's not uncommon for a forensic pathologist to not have a very strong handle on the toxicology or the epidemiology of mass intoxication.". The cause of Gonzalezs death was the toxic effects of The city also acknowledged that there are simultaneous investigations into Gonzalez's death by the Alameda County District Attorneys Office, the Alameda County Sheriffs Office and the citys internal investigation remain active and open. The stress of the altercation and restraint combined with prone positioning in the setting of morbid obesity and recent use of methamphetamine placed further strain on Mr. Gonzalez Arenales heart. But family members and civil rights activists stressed that he was not suspected of a serious crime and said there was no need to arrest him. He added that he's "committed to full transparency and accountability into the tragic death of Mr. Gonzalez, and as soon as more information is available, we will continue to share it. "It was just heartbreaking having to see my mother see the last moments of her firstborn, which is something that no mother wants to endure," he said. Sherwin is preparing a federal civil rights lawsuit. The Alameda County district attorney will not file criminal charges against three police officers who restrained a Northern California man who died in their custody last year. Nate Gartrell covers crime and corruption in Contra Costa County. former Minneapolis police officer Derek Chauvin was convicted of murder in George Floyds death. Local residents called 911 on Gonzalez after he seemed dazed and intoxicated, but not threatening or violent, in a public park. While we wait for the District Attorneys office to make their decision and with the knowledge of the coroners report, the city will work diligently towards completing its ongoing independent investigation and take appropriate action, Joshi said in the statement. He is a graduate of Bowie State University in Maryland with a BS degree in communications. 2. As with Floyd, officers are routinely trained not to restrain people the way they did Gonzalez, said multiple use-of-force experts who viewed the video at the AP's request. His family said officers unnecessarily escalated what should have been a minor, peaceful encounter with the unarmed man. They broke my family for no reason.. OAKLAND, Calif., Dec. 10, 2021 (GLOBE NEWSWIRE) -- The Alameda County Sheriff-Coroners Office finally released the Coroners and autopsy report concerning And while none of his family members knows exactly what Gonzalez was doing in Alameda that day, they said he often traveled therefor peace and quiet. In this image taken from Alameda Police Department body camera video, Alameda Police Department officers pin 26-year-old Mario Gonzalez to the ground during an arrest, April 19, in Alameda, Calif. Gonzalez stopped breathing during the arrest and was pronounced dead at a hospital. Please dont do it, Gonzalez says at one point, and then, Im sorry, followed by screams and groans. Crime and Public Safety | pizza favorite shuts down after 13 years, plus more closings, Your Privacy Choices (Opt Out of Sale/Targeted Ads). Tom Cruise's 'ditching' of Suri showcased by Judd Apatow's 'co-parenting' joke, ex-Scientology exec says, Ask Amy: I feel guilty for not speaking up about my co-worker's activities, Ask Amy: I had a good reason not to tell my friend I was moving, Warriors 3 Things: Steve Kerr entered playoff mode before Golden State's win over Portland. By entering your email and clicking Sign Up, you're agreeing to let us send you customized marketing messages about us and our advertising partners. April 29, 2021 / 8:35 AM And while the city had vowed transparency in the months after Gonzalez died, the latest update this week stated: "withholding potentially responsive material at this time remains necessary to avoid substantially interfering with the multiple investigations into the incident. The Alameda County Sheriffs office has asked outside agencies to assist in reviewing the autopsy of Mario Gonzalez, who died in the custody of Alameda police Police Chief Nishant Joshi extended condolences to Gonzalezs family in a statement. The Alameda County Sheriffs Office has not completed the autopsy but has already asked pathologists from outside areas to do a peer review of its autopsy once completed. Colorado cop shot and killed unarmed man at point-blank range after struggle outside middle school, video shows Earlier this month, the Alameda County district attorney announced there would be no criminal charges for the officers. Based on the totality of available information, including investigative, autopsy, and laboratory findings, it is apparent that Mr. Gonzalez Arenales experienced cardiopulmonary arrest because of multiple factors, the report said. Hes going unresponsive, one officer says. Alameda Officer Eric McKinley spoke to Gonzalez for nine minutes before he and two other officers tried to arrest him, with help from a civilian parking employee. for the officers. Hes lifting my whole body weight up, an officer tells his colleague. This material may not be published, broadcast, rewritten, or redistributed. Since joining The Times in 2020, Seidman has served on the breaking news and utility desks, wheres she written about Indigenous communities, wildfires threatening giant trees and fishing the L.A. River. Copyright 2023 CBS Interactive Inc. All rights reserved. This is the video released by police. Alameda Police "mishandled" the arrest of 26-year-old Mario Gonzalez last week and caused his death, according to the attorney representing the man's family. Meth didnt kill Mario, the officers did., Earlier this month, the Alameda County district attorney announced. The encounter happened a day before former Minneapolis police officer Derek Chauvin was convicted of murder in George Floyds death and it came against the backdrop of the police killing of Adam Toledo, a 13-year-old boy in Chicago. He fought the officers, and they used reasonable techniques. Sherwin said she also had sent requests for a federal investigation, not only to US Attorney General Merrick Garland and his chief deputy, Pamela Karlan, but also to the US attorney and the FBI in the Bay Area. Therefore, the report concludes, the cause of death is the toxic effects of methamphetamine, with the physiologic stress of altercation and restraint, morbid obesity, and alcoholism contributing to the process of dying., Rachel Swan is a San Francisco Chronicle staff writer. Haddad said his firm has hired a doctor to conduct a second autopsy, the results of which have not yet been finalized. A spokesperson told HuffPost that the city does not have any substantive update on the investigations., These officers should have been fired the moment that the footage was revealed showing them suffocating Mario to death, Gerardo Gonzalez, his brother, said in a statement from the familys attorney. In their initial public statements, Alameda police described Gonzalezs death as a medical emergency. Grieving family members invoked George Floyd, the Minneapolis man whose murder by a former police officer set off a national reckoning over police violence against people of color. The stress of the altercation and restraint combined with prone positioning in the setting of morbid obesity and recent methamphetamine (use) placed further strain on Mr. Gonzalezs heart, the report says. Officers Eric McKinley, James Fisher, and Cameron Leahy controlled Gonzalezs arms, back, and legs as his arms were cuffed behind his back, the report says. Gonzalez weighed about 250 pounds (113 kilograms), and police said he appeared to be under the influence. , family members and other loved ones gathered with candles for a vigil at the Alameda park where Mario died at age 26. from officials in months, according to the familys attorn. HuffPost's top politics stories, straight to your inbox. He has worked as an online coordinator and, before that, a copy editor and page designer for Bay Area-based newspapers and magazines. Gonzalez liked to get away from their neighborhood in east Oakland, where gang shootings, robberies and murders are commonplace, and go to nearby Alameda, a city on an island with beautiful homes, tree-lined streets and many parks, his brother said. He stopped breathing in a park at the end of a cul-de-sac of well-kept homes with manicured gardens. It is available at https://www.gofundme.com/f/justice-for-mario-gonzalez-and-his-only-son. At that time, the man had a medical emergency., Another news release said that there was a scuffle as officers attempted to place his hands behind his back., The protection of human life is our primary duty as police officers, interim Police Chief Randy Fenn said last week in announcing a series of investigations into the death. "Officers have been instructed to not keep handcuffed subjects prone (face-down) and to instead roll them onto their sides for going on 30 years," said Seth Stoughton, who teaches criminology and criminal justice at the University of South Carolina. Mario Gonzalez Died Of 'Restraint Asphyxiation' By Police, New Autopsy Finds An independent autopsy confirmed what the Latino fathers family had declared: Police in Alameda, California, killed him, not meth. All Access Digital offer for just 99 cents! , released Wednesday, said that Gonzalez died on April 19, 2021, from restraint asphyxiation, according to forensic pathologist Bennet Omalu. Crime and Public Safety | They did a tremendous job under difficult circumstances.". The two autopsy reports do agree that the manner of Gonzalezs death was homicide, or death at the hands of another person, a legal classification that does not necessarily lead to a murder or manslaughter charge. His first newspaper job was as a Washington Post paperboy. Accordingly, the department has again determined that the public interest in non-disclosure clearly outweighs the public interest in disclosure.". Civil Rights attorney Julia Sherwin, who is representing the family, says her office will continue to press their case in court that it was the officers' prone weight restraint, not meth, that killed Gonzalez. On April 19, police in the Bay Area city of Alameda responded to a report of an intoxicated man and a possible theft. In this image taken from Alameda Police Department body camera video, Alameda Police Department officers pin 26-year-old Mario Gonzalez to the ground during an arrest, April 19, 2021, in Alameda, Calif. Gonzalez stopped breathing during the arrest and was pronounced dead at a hospital. Gonzalezs death is under investigation by the Alameda County Sheriffs Office and the county district attorneys office. Gonzalez, who complied with officers attempts to converse, appeared disoriented in a video later released. An altercation occurred, an officer was seen pinning a man for at least four minutes, and soon Mario Gonzalez was dead. By. Heres why thats wise, An assault and fatal stabbing in the middle of class at a Santa Rosa high school, With unfounded fraud claims swirling, red California county dumps Dominion voting machines, Man arrested in connection to 7 bombings in Fresno has links to hate group, authorities say. Alameda Police Department CNN The Alameda County Clearly now the onus is on the DA to prosecute these officers for the homicide.. CNNs Stella Chan contributed to this report. That's utterly ridiculous. AP During the encounter, Gonzalez remained in a prone position with pressure applied to his posterior torso and legs, the report said. Alameda Police officers James Fisher, Cameron Leahy and Eric McKinley the officers who struggled with Gonzalez before his death remain on paid administrative leave. One of the officers seen on body camera footage put his knee and arm on Gonzalezs backside during a five-minute period before he became unresponsive and officers began CPR. Get Morning Report and other email newsletters. Moreover, officers are trained to take particular care with those like Gonzalez who may be especially vulnerable because of their body weight, intoxication or other factors, said Ed Obayashi, a use-of-force consultant to law enforcement agencies and a deputy sheriff and legal adviser for the Plumas County, California, sheriff's office. "They wanted to keep him from tripping, so they killed him instead? By entering your email and clicking Sign Up, you're agreeing to let us send you customized marketing messages about us and our advertising partners. 2023 FOX Television Stations, until THU 9:00 AM PST, Mendocino County Coast, until THU 8:00 AM PST, Carquinez Strait and Delta, from THU 12:00 AM PST until THU 9:00 AM PST, North Bay interior valleys, East Bay Interior Valleys, Santa Clara Valley including San Jose, Santa Lucia Mountains and Los Padres National Forest, from SAT 4:00 AM PST until SUN 4:00 PM PST, Southern Lake County, Northwestern Mendocino Interior, Northeastern Mendocino Interior, Southeastern Mendocino Interior, Northern Lake County, High Stakes: Sports Betting in California, originallytold the public that hehad died, Several experts have said that officers have long been trained, Teacher's TikTok plea helps clear thousands of dollars in school lunch debt, Study finds General Motors and Tesla have the most loyal customers, Instacart delivers after twin daughters almost make an $800 purchase, Bald eagles make home in unusual spot at Alameda golf course, Fishermen find remains of missing man inside shark. He is a graduate of San Francisco State University with a BA degree in journalism. Soon after a second officer, James Fisher, confirmed with a local drugstore that the alcohol Gonzalez had with him hadnt been stolen from there, both officers attempted to detain Gonzalez before pinning him to the ground and handcuffing his hands behind his back, while a third officer, Cameron Leahy, joined them. The officers determine that he is resisting, then push him to the ground, according to the video. WARNING GRAPHIC VIDEO:Alameda officers kneel on man before his death, Several experts have said that officers have long been trained not to handcuff people facedown on the ground as it can lead to "restraint asphyxia.". "Mario was a noble and decent man who didn't deserve to have his life ended in this way.". No weight no weight.. In an earlier interview, Wilkinson said that physical struggle was because Gonzalez resisted the officers, who she said never intended for the struggle to progress the way it did. 16-year-old student killed in violent altercation at Santa Rosa's Californias storms arent letting up. This material may not be published, broadcast, rewritten, or redistributed. It was not clear Friday if that had taken place. That's a huge boost for the Dubs, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic and crime, Florida lawmakers to consider expansion of so-called dont say gay law, Drone crashes at Disneyland after hovering over visitors heads See video, Rapper Travis Scott wanted for assaulting Manhattan club sound engineer, destroying $12K in equipment, Do Not Sell/Share My Personal Information. Get Morning Report and other email newsletters. , but the video shows Gonzalez stopped breathing on site and one officer declaring no pulse as officers began CPR. They are still waiting on the autopsy to be released by the coroners office. The new information being released adds to that pain.. I think you just had too much to drink today, OK? Examiners also detected ethanol in Gonzalezs system and found signs of alcoholism and obesity, including an enlarged and dilated heart and an enlarged liver with severe fatty change. The coroner's officer ruled the death a homicide. During the interaction with law enforcement agents, he was face-down on the ground (prone) with his hands handcuffed behind his back, and at times the officers were applying pressure to his torso and legs with at least some of the weight of their bodies. Gonzalez is heard in the video telling officers, I didnt do nothing, OK?, Shortly before Gonzalez stops breathing, one officer asks the other, Think we can roll him on his side?, but the other answers, I dont want to lose what I got, man., Another officer then asks, We got no weight on his chest?, then repeats, No! ey. He said the lack of accountability for the police officers was bullcrap., We know that what happened wasnt right, Jerry said. "We need justice because we lost someone who was indispensable to our family," Gonzalez's mother told CBS stationKPIX-TVlast week. of Gonzalezs death, his younger brother, Jerry, spoke to a crowd of dozens of mourners in the park where he was killed. Related Articles L.A. wants to evict families living in luxury hotel since botched 2021 fireworks detonation An independent autopsy confirmed what the Latino fathers family had declared: Police in Alameda, California, killed him, not meth. All three remain on paid leave. Autopsy finds Mario Gonzalez died from meth, police restraint in Alameda struggle By Lisa Fernandez and Evan Sernoffsky Published December 10, 2021 Updated Blood tests were positive for methamphetamine and amphetamine, according to the autopsy report. Gonzalezs death resulted from the toxic effects of methamphetamine, combined with the physiological stress of restraint by officers and other underlying conditions, according to the Alameda County coroner. Mario Gonzalez, 26, died after Alameda police officers restrained him on his stomach for five minutes in a case that had echoes of the murder of George Floyd. California man who died in custody was restrained on his stomach for 5 minutes and lost consciousness, police body camera shows. He got depressed. The officers roll Gonzalez over and perform cardiopulmonary resuscitation, but he was later pronounced dead at a hospital. Gonzalezs death is under investigation by the Alameda County Sheriffs Office and the county district attorneys office. The nearly hourlong video from two officers body cameras shows police talking to Gonzalez in a park after receiving 911 calls that he appeared to be disoriented or drunk. And Mario's 5-year-old son, also named Mario, will hold them accountable in civil court in a federal civil rights lawsuit.". "Itwas the strength and intensity of Mr. Gonzalez's own momentum" that caused the group to fall. Kelly added that the investigation of Gonzalezs death needs this level of action for public trust.. Internet personality Yo Pesci receives seven year sentence after flashing firearms on social media, Gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, Jury finds Bay Area man guilty of annoying or molesting a child, Convicted murderer charged in 1980 cold case slaying of woman found in rural Solano County, https://www.gofundme.com/f/justice-for-mario-gonzalez-and-his-only-son, East Bay lawmaker blasts open sore at BART, resigns from Senate committee, United Dumplings' fare in Rockridge 'meant to be enjoyed together', Walnut Creeks Shake Shack is finally opening this weekend, Three Bay Area men, including justice reform activist, plead guilty in Norteo RICO murder case. Former Pleasanton cop found not guilty of murder in DUI crash She said she plans to file a federal civil lawsuit. Dec 13, 2021, 05:41 PM EST. 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