The APD took a calm situation and made it fatal.". 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. No officers were charged. He fought the officers, and they used reasonable techniques. I know they are already suffering the severe trauma of losing a loved one, Joshi said. Edith Arenales of Oakland holds a picture of her son, Mario Gonzalez, who was killed by Alameda police on April 19, 2021. This, in our view, is an unintended, unexpected death from the use of proper training and accepted techniques in the law enforcement industry.. hide caption. The Alameda County coroners office is conducting an autopsy. April 19, 2021. Family members said Gonzalez had no known health conditions and have previously contended that he did not die from medical complications. Mario Gonzalez Died Of 'Restraint Asphyxiation' By Police, New Autopsy Finds An independent autopsy confirmed what the Latino fathers family had declared: Police in Kelly added that the investigation of Gonzalezs death needs this level of action for public trust.. The civil litigation filed by Gonzalezs family is ongoing and the the Citys legal team is committed to defending the City in the pending litigation, Sarah Henry, public information officer for the City of Alameda told CNN in a statement. George Santos Under Scrutiny CBS The proposed reforms include creating a civilian police oversight board, revising the department's use-of-force policies and requiring a "non-police response" to certain types of 911 calls. Chief forensic pathologist, Vivian Snyder, cites other significant contributing factors to Gonzalez's death, including the physiologic stress of the restraint by police during the incident as well as alcoholism and morbid obesity. "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. But body camera video released shortly afterward, it was clear that Gonzalez was unarmed. An Alameda city spokesperson said Wednesday that the city had no additional comment beyond its statement earlier this month, acknowledging the district attorneys decision and saying it hoped the decision would move the citys independent investigation closer to an end. There were also reports that someone stole liquor bottles from a nearby store. Its a video that has drawn comparison to that of the George Floyd killing. 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He wanted to be able to provide for his 4-year-old son, Mario Jr., whom he shared parenting duties with his ex-girlfriend in Fremont. A Warner Bros. The lawsuit cites a report released last week by the Alameda county coroners bureau that said the 19 April death of Mario Gonzalez was a homicide. He said the lack of accountability for the police officers was bullcrap., We know that what happened wasnt right, Jerry said. Meth didnt kill Mario, the officers did., Earlier this month, the Alameda County district attorney announced. Adante Pointer, lawyer for Edith Arenales, Gonzalezs mother, told CNN the family is disappointed the officers wont be criminally prosecuted but the decision doesnt come as a surprise. Feds drop felony gun case days after defense argued SFPD illegally arrested, searched defendant 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. 2023 Cable News Network. He is a graduate of Bowie State University in Maryland with a BS degree in communications. The autopsy also noted that Gonzalez had more than 20 cuts and bruises. One officer seems to put an elbow on his neck and a knee on his shoulder. Dear Abby: Why do they imply my husband is a freak? Nearly four minutes after he was cuffed, Gonzalez became unresponsive, the report says. Two wrongful death suits, nearly mirroring one another, have been filed against the City of Alameda alleging the officers detained Gonzalez without reasonable suspicion and caused him to die of asphyxia. Experts have expressed shock at his death, questioning why the officers pinned him when he appeared to pose no imminent threat. Off work, he enjoys playing in bands, busking and karaoke. After learning his name, the officer adds, Mario, just please stop fighting us.. Though both claims are related, they will remain separate but move forward side-by-side, Sherwin told CNN. 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. The state DOJ told HuffPost that it is their understanding that the case is being handled at the local level.. / CBS/AP. AP That's utterly ridiculous. He also had multiple rib fractures and a liver laceration, consistent with injuries people sometimes suffer when doctors attempt to resuscitate them through CPR. 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. The Alameda Police Department said in its first news release that officers attempted to detain the man, and a physical altercation ensued. Nor was there a time when they were pressing down hard enough on his body to cause him not to breathe.". The Alameda County district attorneys office told HuffPost that the case is still under investigation and that the office does not comment on pending investigations. The sheriffs office did not immediately respond to requests for comment. Alameda police pinned down Mario Gonzalez. Autopsy finds Mario Gonzalez died from meth, police restraint in Alameda struggle By Lisa Fernandez and Evan Sernoffsky Published December 10, 2021 Updated The loss of Mr. Gonzalez is a terrible tragedy, and our thoughts and prayers go out to his loved ones.. Alameda is 15 miles outside San Francisco. Click here and here to download a copy of the coroner's report. The next day, Chauvin was convicted of murder and manslaughter for pinning Floyd to the pavement with his knee on the Black man's neck in a case that touched off a national reckoning over racism and police brutality. An Alameda police press release on the death of Mario Gonzalez. Updated to include drought zones while tracking water shortage status of your area, plus reservoir levels and a list of restrictions for the Bay Areas largest water districts. 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By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. The officers roll Gonzalez over and perform cardiopulmonary resuscitation, but he was later pronounced dead at a hospital. The law firm also announced an online fundraising campaign on behalf of Cortez and Gonzalezs son. Crime and Public Safety | Gonzalez family: Police body-worn camera footage shows what we alreadyknew The Alameda County District Attorney's Office on Tuesday reopened its investigation into the actions of Alameda police officers involved in the death of Mario 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. 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. His face had minor abrasions. ", Similarly, after the death of Floyd last year, the Minneapolis Police Department issued a news release saying that he had suffered "medical distress. The police killed my brother, in the same manner they killed George Floyd, his brother Gerardo Gonzalez told reporters Tuesday. 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. Crime and Public Safety | Omalu adds that methamphetamine levels in Gonzalezs blood fell within recreational rather than life-threatening ranges and that alcohol levels were extremely low and did not contribute to his death.. "He's hyperventilating, he's obese, apparently he's been drinking Officers need to recognize those factors and take them into consideration.". 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. Police Chief Nishant Joshi extended condolences to Gonzalezs family in a statement. Harriette Cole: I don't want the neighbor's kids at my house, Ask Amy: I'm your cabin housekeeper, and you apparently have no idea what I do, Pac-12 media rights: Our (final) predictions for the revenue, media partners, expansion decisions and more. The police should have known to use better tactics with Mario. 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. All Access Digital offer for just 99 cents! An independent autopsy confirmed what the Latino fathers family had declared: Police in Alameda, California, killed him, not meth. The death of Mario Gonzalez Arenales, a 26-year-old man whose fatal encounter with Alameda police in April became a flash point in a national debate, 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. I think you just had too much to drink today, OK? Attorneys for his family dispute the cause. Alison Berry Wilkinson, an attorney representing the officers, told KTVU in Oakland that they "used the lowest degree of force possible given the intensity of Mr. Gonzalez's efforts to evade their grasp.". County officials dispute that characterization. On Tuesday, the six-month anniversary of Gonzalezs death by police, family members and other loved ones gathered with candles for a vigil at the Alameda park where Mario died at age 26. This material may not be published, broadcast, rewritten, or redistributed. April 29, 2021 / 8:35 AM Crime and Public Safety | All three remain on paid leave. Michael Haddad, an attorney representing Gonzalez and his young son, who is also named Mario, said he didnt need an autopsy to deduce that Gonzalezs death was a homicide, or that the police restraint was a factor. The family is demanding that the officers involved James Fisher, Cameron Leahy and Eric McKinley be fired and charged. 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. Gonzalez died on the same day that the jury began deliberating in the George Floyd case, ultimately findingMinneapolis police officer Derick Chauvin guilty of murdering Floydlast May. Haddad said his firm has hired a doctor to conduct a second autopsy, the results of which have not yet been finalized. Then the cops put Marios hands behind his back and pinned him facedown. In a statement Friday, Alameda Police Chief Nishant Joshi called the death a "tragedy" and said his office will complete a "thorough investigation.". for the officers. You are also agreeing to our Terms of Service and Privacy Policy. Gonzalez wont produce any identification, so the officers try to force his hands behind his back to handcuff him, but he does not let his arms go limp. 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. Get Morning Report and other email newsletters. Body camera video shows officers attempt to take Mario Gonzalez into custody on April 19, 2021. The death of Mario Gonzalez should be a wake-up call for the city of Alameda, said LaDoris Cordell, a retired judge and former independent police auditor for the city of San Jose. ey. The officers who restrained Gonzalez, James Fisher, Cameron Leahy, and Eric McKinley, remain on administrative leave while the investigation continues, city of Alameda spokeswoman Sarah Henry told KTVU. Paramedics rushed him to Alameda Hospital, where he arrived in cardiac arrest, not breathing, with no pulse, according to the report. In statements Wednesday, a Gonzalez lawyer and family member further decried police actions that led to his death. On April 19, 2021, Mario Gonzalez, an unarmed 26-year-old Latino man, died while under police custody by the Alameda, California Police Department. [2] [3] [4] In their initial report of the incident, the department reported that Gonzalez died after a "scuffle" and "physical altercation" resulting in a "medical emergency." The initialpress releasefrom the Alameda Police said that officers attempted to detain Gonzalez, and a "physical altercation ensued." We are still figuring out how to fill the hole left in our family when they took Mario from us, said his mother, Edith Arenales, in a statement from the familys lawyers. Gonzalezs cause of death is not yet known. 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. City officials stated they are "committed to full transparency and accountability in the aftermath of Mr. Gonzalez's death." 2. It's unclear why it took until Friday to release the report, which was obtained through a public records request from the coroner's office. Hes a lovely guy. Four days after the incident, city officials hired Louise Renne of the Renne Public Law Group in San Francisco to launch an independent investigation. Photo: Lisa Fernandez. Nearly eight months after 26-year-old Mario Gonzalez died at the hands of police in Alameda, California, the county coroners office released a report ruling the Latino fathers death a homicide. The city of Alameda has repeatedly delayed releasing records under a police transparency law citing the fact that the autopsy had not yet been complete. 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. The decision to detain and arrest Gonzalez was supported by reasonable suspicion and probable cause, but it was also supported by officer safety reasons, District Attorney Nancy OMalleys report says. Our family needs answers: Relatives call for swift transparency in mans death during arrest by Alameda police On April 19, police in the Bay Area city of Alameda responded to a report of an intoxicated man and a possible theft. 2021 CBS Interactive Inc. All Rights Reserved. S.F. Mario Gonzalez Arenales, 26, died last year after an encounter with police officers in Alameda, California. "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 his statement. His family said officers unnecessarily escalated what should have been a minor, peaceful encounter with the unarmed man. In Alameda County, the sheriff also oversees the coroner's office. The district attorney called the officers detention, arrest and use of force in the Gonzalez case objectively reasonable considering the agency policies, the totality of the circumstances, and the officers stated rationale., The coroners autopsy listed Gonzalezs cause of death as a heart attack brought on by the struggle with officers, as well as morbid obesity, methamphetamine use and alcoholism. The death is under investigation by the Alameda County Sheriff's Department, the district attorney's office and a former San Francisco city attorney hired by Alameda to lead an independent probe. Former Pleasanton cop found not guilty of murder in DUI crash 12:22 PM EDT, Mon April 11, 2022. Hes going unresponsive, one officer says. At least one officer kneeled on his back for nearly five minutes until Gonzalez became unresponsive. "Mario would not have died were it not for being restrained in a prone position, with multiple officers on his back, for over five minutes," Sherwin tells NPR. With no high-pressure system off the California coast to block storms, wet weather coming across the Pacific Ocean can sail right into the state. Gonzalez, 26, of Oakland, died on April 19 at a hospital after being pinned down as Alameda police tried to arrest him. 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