We believe it is an accurate and very comprehensive conclusion in the death of Mario Gonzalez.. He got depressed. The city said Civilian Parking Enforcement employee Charlie Clemmens was also involved. April 29, 2021 / 8:35 AM The officers roll Gonzalez over and perform cardiopulmonary resuscitation, but he was later pronounced dead at a hospital. Clearly now the onus is on the DA to prosecute these officers for the homicide.. To Alison Berry Wilkinson, the lawyer representing the three officers and civilian parking employee, the report seemed to confirm that her clients were justified in detaining and arresting Gonzalez. Then officers can be seen putting Gonzalezs hands behind his back and pinning him facedown. Flying bug found at Walmart turns out to be rare Jurassic-era insect, Millions of Americans nearing retirement age with no savings, 1894 shipwreck found in Lake Huron, confirming "powerful, tragic story", minor confrontation with police led to his death, Chauvin was convicted of murder and manslaughter. CNN Sans & 2016 Cable News Network. Please enter valid email address to continue. I agree with the sheriff-coroner that it is a homicide. In Alameda County, the sheriff also oversees the coroner's office. Local residents called 911 on Gonzalez after he seemed dazed and intoxicated, but not threatening or violent, in a public park. Alison Berry Wilkinson, the attorney for the officers, called the situation "very sad" but said the autopsy clearly shows Gonzalez "died from drug toxicity. Toxicology exams found methamphetamine and amphetamine in Gonzalezs body, the effects of which were aggravated by the stress of his altercation with the officers, the autopsy report said. "Mario was a noble and decent man who didn't deserve to have his life ended in this way.". The family also wants the California Department of Justice to investigate the police departments handling of the case. Email: rswan@sfchronicle.com Twitter: @rachelswan. In April, police called the incident a scuffle followed by a. after an outcry from Gonzalezs family showed officers approaching Gonzalez, alone in a park with some bottles of alcohol, and Gonzalez calmly speaking with officers for nearly nine minutes. Interim Police Chief Randy Fenn told KTVU-TV said the video was "troubling" and offered his condolences to Gonzalez's family. 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! Do you have information you want to share with HuffPost? 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. , released Wednesday, said that Gonzalez died on April 19, 2021, from restraint asphyxiation, according to forensic pathologist Bennet Omalu. Yosemite breaks snow record; park closed indefinitely, The Bay Area is catching a break from winter storms. 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. An independent autopsy confirmed what Mario Gonzalezs family had maintained all along: The 26-year-old Latino father died last year because Alameda, California, police officers knelt on his back for several minutes until he stopped breathing not, as the Alameda County coroners report had implied, because of meth in his system. Attorneys for his family dispute the cause. Police said that Gonzalez then had a "medical emergency. 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. She said that the officers noted he was highly intoxicated and stumbling around on a tree stump and thought he might harm himself. His face had minor abrasions. Officers confronted Gonzalez whose legal name, in the report, is Mario Gonzalez Arenales at a small park on the morning of April 19, after receiving two calls, the first from a nearby resident who said a man was muttering to himself outside the front gate of his house. Heres the latest plan, Track water shortages and restrictions across Bay Area. Nor was there a time when they were pressing down hard enough on his body to cause him not to breathe.". died after Alameda police officers restrained him on his stomach for five minutes, Lawyer Says Police Didn't Need To Arrest Man Who Died After Being Pinned To Ground. The new autopsy results, released Wednesday, said that Gonzalez died on April 19, 2021, from restraint asphyxiation, according to forensic pathologist Bennet Omalu. The officers roll Gonzalez over and perform cardiopulmonary resuscitation, but he was later pronounced dead at a hospital. 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. All Access Digital offer for just 99 cents! The officers, as they seek to restrain him, repeatedly ask Gonzalez for his full name and birth date. The sheriffs office is also convening a cause and manner of death committee to review the case before releasing any findings, sheriff spokesman Sgt. 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. They are still waiting on the autopsy to be released by the coroners office. Crime and Public Safety | Then officers can be seen putting Gonzalezs hands behind his back and pinning him facedown. A week after Gonzalezs death, the city identified the officers placed on leave as James Fisher, Cameron Leahy and Eric McKinely. 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. Get Morning Report and other email newsletters. 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. In a statement Friday, Alameda Police Chief Nishant Joshi called the death a "tragedy" and said his office will complete a "thorough investigation.". Part of HuffPost Politics. 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. Crime and Public Safety | Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), Alameda County DAs new policy will reduce prison sentences through widespread elimination of sentencing enhancements, Mario Gonzalez died of restraint asphyxiation in Alameda police custody, independent autopsy says. All three remain on paid leave. But he urged people to wait for the results of a full investigation. 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. Thats all, the officer says. In an autopsy report released Friday, chief forensic pathologist Vivian Snyder categorized Gonzalezs death as a homicide, while citing other factors, including 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. David DeBolt spent more than a decade reporting on the East Bay, with a focus on Oakland City Hall and the Oakland Police Department, for the Bay Area News Group and The Oaklandside before transitioning to become an editor at the Bay Area News Group overseeing breaking news for The Mercury News and East Bay Times in August 2022. Gonzalez's mother, who lost another son two years ago, turned 45 the day after Mario died, his brother said. Gonzalezs cause of death is not yet known. But body camera video released shortly afterward, it was clear that Gonzalez was unarmed. Colorado cop shot and killed unarmed man at point-blank range after struggle outside middle school, video shows All four employees have now been interviewed by both the sheriff's and district attorney's investigators, the city said. Feds drop felony gun case days after defense argued SFPD illegally arrested, searched defendant On April 19, 2021, police in the Bay Area city knelt on Marios back for nearly four minutes, until he died. Rachel Swan is a breaking news and enterprise reporter. Related Articles later that month after an outcry from the family, showed officers approach Mario, alone in a park with bottles of alcohol nearby, after a neighbor called about someone being intoxicated. Did you encounter any technical issues? 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. The county coroners office had classified the death of Mario Gonzalez Arenales as a homicide and pointed to the toxic effects of methamphetamine as the leading cause. Crime and Public Safety | Mario Gonzalezs family is still grieving without answers more than six months after the young Latino father died when police in Alameda, California, kneeled on his back for nearly five minutes. I think you just had too much to drink today, OK? Members of the Gonzalez family believe police used excessive force when they attempted to arrest him. 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. Gonzalez died April 19 after police pinned him to the ground for at least five minutes. 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. The footage from the Alameda Police Department shows the man, Mario Arenales Gonzalez, becoming unresponsive while in handcuffs and police officers quickly They did a tremendous job under difficult circumstances.". Crime and Public Safety | The emphasis on Gonzalezs drug history incensed an attorney representing the deceased mans son, who accused the coroner of trying to shield the police from scrutiny. Most Californians can put off filing taxes until Oct. 16 but should they? Gonzalez was still resisting with his entire body, including his legs, even after being handcuffed, according to the report. 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. Former Pleasanton cop found not guilty of murder in DUI crash Crime and Public Safety | Therefore 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.. The incident is under investigation by the Alameda County Sheriff's Department, the Alameda County district attorney's office, and Louise Renne, a former San Francisco city attorney, who was hired to conduct an independent investigation. A man died after being restrained by police in California. , but the video shows Gonzalez stopped breathing on site and one officer declaring no pulse as officers began CPR. "Itwas the strength and intensity of Mr. Gonzalez's own momentum" that caused the group to fall. 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. , 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. Los Angeles, Column: Supreme Court conservatives may want to block student loan forgiveness. Four days after the incident, city officials hired Louise Renne of the Renne Public Law Group in San Francisco to launch an independent investigation. 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. Walking around with that level of meth, he wouldnt have dropped dead at that moment but for the force by police, Haddad said. The initialpress releasefrom the Alameda Police said that officers attempted to detain Gonzalez, and a "physical altercation ensued." Email Lisa atlisa.fernandez@fox.comor call her at510-874-0139. His family said officers unnecessarily escalated what should have been a minor, peaceful encounter with the unarmed man. 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. ey. In April, police in Alameda, California, kneeled on Mario Gonzalezs back for nearly five minutes before he died. Heres what first half of March looks like. ", The union representing police officers did not respond to a request for comment. 26-year-old Mario Gonzalez died last Monday after police responded to a call about a disorderly and possibly intoxicated person. 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. If they had rolled him on his side when the first officer said to, my sons father might still be here.. ALAMEDA The death of Mario Gonzalez, the 26-year-old man who died just over a year ago in Alameda police custody, was caused by restraint asphyxiation, according to an independent autopsy requested by family attorneys and released Wednesday. During the encounter, Gonzalez remained in a prone position with pressure applied to his posterior torso and legs, the report said. 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 police should have known to use better tactics with Mario. 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.". 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. Michael Haddad, an attorney representing Gonzalezs family, said the autopsy confirms what everyone can see with their own eyes in the video, and questioned why it took eight months for the report to be released. The Alameda Sheriffs Office and the Alameda County District Attorneys Office are investigating the case, and the city also brought in an outside firm. Copyright 2023 CBS Interactive Inc. All rights reserved. Attorney Julia Sherwin, on behalf of Gonzalezs 5-year-old son, filed a suit in December 2021 and Gonzalezs mother, Edith Arenales, also filed suit in February 2022. Nate Gartrell covers crime and corruption in Contra Costa County. 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. But he delayed those dreams to helphis mom with the bills and care for his younger brother who suffers from severe autism. Edith Arenales of Oakland holds a picture of her son, Mario Gonzalez, who was killed by Alameda police on April 19, 2021. 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. Charge all those involved so no one else has to lose their loved one.. At a vigil last week on the first anniversary of Gonzalezs death, his younger brother, Jerry, spoke to a crowd of dozens of mourners in the park where he was killed. Gonzalezs family filed a legal claim against the city of Alameda last June, and their attorney told the news station KTVU they plan to file a federal lawsuit soon. "Policeare not allowed to arrest people to keep from tripping," Sherwin said at the time. 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 officers. 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