Published SEE ALSO: Andrew Brown Jr. shot 5 times, including in back of head, attorneys say independent The second caller said Gonzalez was lingering in Scout Park at the corner of Oak and Powell streets, with what the caller suspected were stolen bottles of alcohol. His family said officers unnecessarily escalated what should have been a minor, peaceful encounter with the unarmed man. County officials dispute that characterization. She said she plans to file a federal civil lawsuit. Mario is shown on the video calmly speaking with the officers for nearly nine minutes. 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. 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. 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. "They wanted to keep him from tripping, so they killed him instead? The three officers remain on paid administrative leave, according to the city of Alameda. Get Morning Report and other email newsletters. Crime and Public Safety | 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. 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. The other refuses, saying he doesn't want to lose his grip. 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. 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. In April, police in Alameda, California, kneeled on Mario Gonzalezs back for nearly five minutes before he died. for the officers. 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. The Alameda Police Department said in its first news release that officers attempted to detain the man, and a physical altercation ensued. Separately, the Police Department is conducting an internal affairs probe into the altercation, and the district attorney is reviewing the case to determine whether to file criminal charges. Click here and here to download a copy of the coroner's report. Known as @lacrimes on Twitter, during almost 30 years at The Times he also has been part of the breaking news staff that won Pulitzers in 1998, 2004 and 2016. Mario Gonzalez Died Of 'Restraint Asphyxiation' By Police, New Autopsy Finds An independent autopsy confirmed what the Latino fathers family had declared: Police in 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. IRS delays tax deadline for Bay Area, but California hasn't followed: What should you do? "Itwas the strength and intensity of Mr. Gonzalez's own momentum" that caused the group to fall. This, in our view, is an unintended, unexpected death from the use of proper training and accepted techniques in the law enforcement industry.. 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. 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. 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. However, the independent autopsy, performed April 27, 2021 by renowned forensic pathologist Dr. Bennet Omalu, says the primary cause of death was restraint asphyxiation. 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. 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. Interim Police Chief Randy Fenn told KTVU-TV said the video was "troubling" and offered his condolences to Gonzalez's family. Its a video that has drawn comparison to that of the George Floyd killing. At least one officer kneeled on his back for nearly five minutes until Gonzalez became unresponsive. Police body camera video released a week after his death shows multiple officers holding Gonzalez to the ground for five minutes while attempting to arrest him on suspicion of shoplifting, a misdemeanor. The officers roll Gonzalez over and perform cardiopulmonary resuscitation, but he was later pronounced dead at a hospital. 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. CNNs Stella Chan contributed to this report. She said that the officers noted he was highly intoxicated and stumbling around on a tree stump and thought he might harm himself. In statements Wednesday, a Gonzalez lawyer and family member further decried police actions that led to his death. 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. 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. The officers roll Gonzalez over and perform cardiopulmonary resuscitation, but he was later pronounced dead at a hospital. Gonzalez, 26, died April 19, 2021, as he was being restrained outside 802 Oak St. in Alameda. The epic California snowpack is inching toward record levels, Massive Tahoe avalanche 'engulfed' 3-story apartment building, city officials hired Louise Renne of the Renne Public Law Group in San Francisco, Opinion: The our city is broken and Im not gonna take it anymore screed, San Francisco is at its most unaffordable point in at least a decade, S.F. The report went through "multiple levels of scrutiny and peer-review including a committee and we absolutely stand by that work," Alameda County Sheriff public information officer Lt. Ray Kelly says of the coroner's report. Family members said Gonzalez had no known health conditions and have previously contended that he did not die from medical complications. They are still waiting on the autopsy to be released by the coroners office. 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. 2023 Cable News Network. The coroner's officer ruled the death a homicide. Off work, he enjoys playing in bands, busking and karaoke. Nate Gartrell covers crime and corruption in Contra Costa County. ALAMEDA The death of an Oakland man who went unconscious while police held him to the ground was determined to be a homicide as a result of the altercation with officers, as well as methamphetamine use,and obesity, according to an autopsy made public this week. He adored our son and was a good father. Please enter valid email address to continue. They began CPR and called for medical assistance. Crime and Public Safety | He is a graduate of San Francisco State University with a BA degree in journalism. 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. The sheriffs office is also convening a cause and manner of death committee to review the case before releasing any findings, sheriff spokesman Sgt. Get Morning Report and other email newsletters. Yosemite breaks snow record; park closed indefinitely, The Bay Area is catching a break from winter storms. "They never wanted to take him to the ground,"Wilkinson said at the time. 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. A week after Gonzalezs death, the city identified the officers placed on leave as James Fisher, Cameron Leahy and Eric McKinely. 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. His face had minor abrasions. 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. Gonzalez, 26, of Oakland, died on April 19 at a hospital after being pinned down as Alameda police tried to arrest him. 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. But he delayed those dreams to helphis mom with the bills and care for his younger brother who suffers from severe autism. Kelly added that the investigation of Gonzalezs death needs this level of action for public trust.. "We need justice because we lost someone who was indispensable to our family," Gonzalez's mother told CBS stationKPIX-TVlast week. Los Angeles, Column: Supreme Court conservatives may want to block student loan forgiveness. ""Video only tells part of the story, so we need the entire investigation to understand whether or not the actions were legal, consistent with training and within policy.". George Santos Under Scrutiny CBS He declined to provide them ID, and in body cam footage, three officers were seen struggling to put Gonzalez into handcuffs and one of them had kneeled for at least two minutes on top of Gonzalez's back. In April, police called the incident a scuffle followed by a medical emergency. But body camera footage released 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. With police on top of him, Gonzalez can be heard groaning under the officers weight while continuing to respond to questions. "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.". Clearly now the onus is on the DA to prosecute these officers for the homicide.. , 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. During last year's COVID shutdown, Gonzalez lost his job cooking inanItalian restaurant that went out of business during the shutdown. April 29, 2021 / 8:35 AM 2023 BuzzFeed, Inc. All rights reserved. Alameda police Officer Erick McKinley was among several officers who responded on April 19, 2021 in the citys Scout Park after a resident called police to claim Gonzalezs presence was scaring his wife. 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. Ray Kelly said. Body camera footage, released 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. 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. The family of an unarmed 26-year-old San Francisco Bay Area man is struggling to understand how a minor confrontation with police led to his death on the same day a jury in Minneapolis began considering similar circumstances in the George Floyd case. "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. Local residents called 911 on Gonzalez after he seemed dazed and intoxicated, but not threatening or violent, in a public park. An Alameda police press release on the death of Mario Gonzalez. The city said Civilian Parking Enforcement employee Charlie Clemmens was also involved. He was taken to a hospital where he was pronounced dead. Wife of popular Wild 94.9 radio host JV says new information suggests he will not be coming back, Bay Area federal judge orders extradition of woman suspected of killing MSU student in hit-and-run, San Jose: Home raided as part of explosives and narcotics investigation, Police body camera video released a week after his death, filed a legal claim against the city of Alameda, have the autopsy reviewed by outside agencies, Dear Abby: My wife said she doesn't like it, but it's part of my life. 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. He is a graduate of Bowie State University in Maryland with a BS degree in communications. 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