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2023 BuzzFeed, Inc. All rights reserved. "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. A man died after being restrained by police in California. 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. All Rights Reserved. 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. He has worked as an online coordinator and, before that, a copy editor and page designer for Bay Area-based newspapers and magazines. Mario Gonzalez died after three officers and a civilian employee pinned him face down on the ground for more than five minutes. His family said he was also the main caregiver for his autistic brother, Efrain. 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. The city said Civilian Parking Enforcement employee Charlie Clemmens was also involved. And Mario's 5-year-old son, also named Mario, will hold them accountable in civil court in a federal civil rights lawsuit.". A spokesperson for the sheriff, Lt. Ray Kelly, said the office stands by the corners report. appreciated. 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. A person holds up a Justice 4 Mario sign while listening in to an April 27 news conference hosted by Mario Gonzalezs family and supporters outside the Alameda Police Department. An independent autopsy confirmed what the Latino fathers family had declared: Police in Alameda, California, killed him, not meth. Accordingly, the department has again determined that the public interest in non-disclosure clearly outweighs the public interest in disclosure.". "Policeare not allowed to arrest people to keep from tripping," Sherwin said at the time. Crime and Public Safety | Then the cops put Marios hands behind his back and pinned him facedown. 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. They did a tremendous job under difficult circumstances.". Photos: Youth-led march honors Oakland man who died in Alameda police custody 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. Once the officers had lawfully attempted to detain Mr. Gonzalez, he physically resisted their efforts the entire time until he ultimately became unresponsive, the district attorneys report says. Gonzalez seemed intoxicated and disoriented and they were concerned he would fall, she said. One officer puts his knee on Gonzalezs back for four minutes or more. 26-year-old Mario Gonzalez died last Monday after police responded to a call about a disorderly and possibly intoxicated person. Gonzalez, who complied with officers attempts to converse, appeared disoriented in a video later released. 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. And like so many others, he hadn't been able to find work since then. Los Angeles, Column: Supreme Court conservatives may want to block student loan forgiveness. In an autopsy report released Friday, chief forensic pathologist Vivian Snyder categorized Gonzalezs death as a homicide, while citing other factors, including methamphetamine abuse, alcoholism and morbid obesity. Email Evan atevan.sernoffsky@fox.comand follow him on Twitter @EvanSernoffsky. 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 Attorneys for the family of Mario Gonzalez, a Latino man who died after an Alameda officer put a knee on his back and neck for more than four minutes, are asking the By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. This, in our view, is an unintended, unexpected death from the use of proper training and accepted techniques in the law enforcement industry.. 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. The Bay Area was facing its own reckoning with police accountability that only intensified after police released the body-worn camera footage of Gonzalez's desperate final moments. Crime and Public Safety | We are struggling with these daily routines while carrying the burden of grief.. Four days after the incident, city officials hired Louise Renne of the Renne Public Law Group in San Francisco to launch an independent investigation. He joined the Bay Area News Group in 2014. Previously, she covered City Hall for Glendale News-Press, then part of Times Community News. Heres what the first half of Is Californias drought finally over? Gonzalez family: Police body-worn camera footage shows what we alreadyknew Its peer-reviewed. She joined the Chronicle in 2015 after stints at several alt weekly newspapers. HuffPost's top politics stories, straight to your inbox. 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 The city identified them Wednesday as Officer James Fisher, who has been with the Alameda Police Department since 2010, and Cameron Leahy and Eric McKinley who joined in 2018. Alameda police have made public body cam footage showing officers pinning a man to the ground for more than five minutes during an arrest last week that ended in his death. 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 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. Sarah Ruiz-Grossman. I think you just had too much to drink today, OK? All three remain on paid leave. But body camera video released shortly afterward, it was clear that Gonzalez was unarmed. Tehama County Sheriffs Office resuming daytime patrols Sunday The new information being released adds to that pain.. 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. Paramedics rushed him to Alameda Hospital, where he arrived in cardiac arrest, not breathing, with no pulse, according to the report. 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. 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. 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. ", The union representing police officers did not respond to a request for comment. Gonzalez, who weighed about 250 pounds, by that point is lying facedown on some wood chips and can be heard shouting and grunting as the officers use body weight to control him. Alameda police pinned down Mario Gonzalez. 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. Hes lifting my whole body weight up, an officer tells his colleague. 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. HuffPost's top politics stories, straight to your inbox. In this case, one officer recognized the danger, asking shortly before Gonzalez stopped breathing if they should roll him on his side. Part of HuffPost Politics. Gonzalez, 26, died after Alameda Police Department officers pinned him to the ground face-down and restrained him for several minutes on April 19, 2021. Alameda police approached Gonzalez in a small park in the 800 block of Oak Street near Park Street and Otis Drive after residents called 911, describing a man talking strangely and smashing a bottle on a tree stump. The three police officers and the civilian employee are on administrative leave. ""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.". Alison Berry Wilkinson, the attorney for the officers, called the situation "very sad" but said the autopsy clearly shows Gonzalez "died from drug toxicity. 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. "They wanted to keep him from tripping, so they killed him instead? On April 19, 2021, police in the Bay Area city knelt on Marios back for nearly four minutes, until he died. 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. Police Chief Nishant Joshi extended condolences to Gonzalezs family in a statement. That autopsy was commissioned by civil rights law firm Haddad and Sherwin on behalf of Gonzalezs son Mario Gonzalez-Cortez and family members in a civil suit against the city, the officers and the police departments former chief. Again, my heart goes out to Mr. Gonzalez and his family.". They began CPR and called for medical assistance. 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. In an autopsy report released Friday, chief forensic pathologist Vivian Snyder categorized Gonzalezs death as a homicide, while citing other factors, including Crime and Public Safety | Photo: Lisa Fernandez. No officers were charged. We believe it is an accurate and very comprehensive conclusion in the death of Mario Gonzalez.. Our family needs answers: Relatives call for swift transparency in mans death during arrest by Alameda police 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. James Fisher, Cameron Leahy and Eric McKinley be fired and charged. Gonzalez can be seen gasping for air and he was pronounced dead after he was taken to the hospital. "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. Lila Seidman is a reporter for the Los Angeles Times yearlong initiative exploring various facets of mental health. "We need justice because we lost someone who was indispensable to our family," Gonzalez's mother told CBS stationKPIX-TVlast week. An Alameda police press release on the death of Mario Gonzalez. Email: rswan@sfchronicle.com Twitter: @rachelswan. 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. 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. ", Alameda police officers try to revive Mario Gonzalez of Oakland after police restrained him, prone on the ground. They broke my family for no reason.. 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. 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. 16-year-old student killed in violent altercation at Santa Rosa's Californias storms arent letting up. 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. Gonzalez, 26, died on April 19, 2021, following an encounter with three Alameda police officers who responded to a call that a person was acting strangely and talking to himself, according to a March 30 report from the Alameda County District Attorneys office. He fought the officers, and they used reasonable techniques. 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. 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. Blood tests were positive for methamphetamine and amphetamine, according to the autopsy report. Related Articles Or follow her on Twitter @ljfernandez. He died after three officers and a civilian parking enforcement employee pinned him face down on the ground for more than five minutes, according to body camera video released this week by police amid three separate investigations. 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. Crime and Public Safety | A week after Gonzalezs death, the city identified the officers placed on leave as James Fisher, Cameron Leahy and Eric McKinely. 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. Get Morning Report and other email newsletters. 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. Experts have expressed shock at his death, questioning why the officers pinned him when he appeared to pose no imminent threat. 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. Former Pleasanton cop found not guilty of murder in DUI crash The footage from the Alameda Police Department shows the man, Mario Arenales Gonzalez, becoming unresponsive while in handcuffs and police officers quickly He is a graduate of San Francisco State University with a BA degree in journalism. Interim Police Chief Randy Fenn told KTVU-TV said the video was "troubling" and offered his condolences to Gonzalez's family. 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. 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. April 29, 2021 / 8:35 AM SEE ALSO: Andrew Brown Jr. shot 5 times, including in back of head, attorneys say independent Body camera footage shows the police restraining Gonzalez for five minutes, at which point he went limp. Get browser notifications for breaking news, live events, and exclusive reporting. She said she plans to file a federal civil lawsuit. The officers roll Gonzalez over and perform cardiopulmonary resuscitation, but he was later pronounced dead at a hospital. The autopsy also noted that Gonzalez had more than 20 cuts and bruises. Staggering snowfall in California mountains leaves residents trapped for days, SpaceX launches new crew to space station, Prosecution wraps case at Alex Murdaugh murder trial, White House cybersecurity strategy pivots to regulation, Explosive found in checked luggage at Pennsylvania airport, feds say, Rape kits from two women lead to arrest in 1979 murder of one of them, FDA authorizes first at-home test for both COVID and flu, Couple accuses fertility clinic of implanting embryo with cancer genes, Several hospitalized after Lufthansa flight diverted to Dulles due to turbulence, California man dies after police pin him down, Bodycam video shows California man who died after officers pinned him to ground for 5 minutes. The three officers remain on paid administrative leave, according to the city of Alameda. 2. County officials dispute that characterization. Then the cops put Marios hands behind his back and pinned him facedown. You are also agreeing to our Terms of Service and Privacy Policy. Meth didnt kill Mario, the officers did., Earlier this month, the Alameda County district attorney announced. CNNs Stella Chan contributed to this report. The Alameda County coroners office is conducting an autopsy. hide caption. April 19, 2021. She has not received a response, she said, But since Nancy OMalley refused to bring criminal charges, I will be renewing my request for a federal investigation.. The APD took a calm situation and made it fatal.". Officers in Alameda, California, arrived April 19 to check out neighbors' reports that Mario Gonzalez was acting strangely in a park and appeared to be breaking the security tags off of alcohol bottles he had in two drugstore baskets. 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, Dear Abby: My wife said she doesn't like it, but it's part of my life. 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. 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 report notes that, according to the autopsy, Gonzalez had no lethal injuries., Alison Berry Wilkinson, an attorney who represents the three officers, told CNN they are grateful the district attorney recognized that this tragic death was an unintended consequence of their legitimate and lawful actions.. 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. His mother is speaking up because other Latinos are dying, Arenales suit says officers put significant weight on his back, shoulders, neck, and legs for over five minutes in violation of generally accepted law enforcement standards, while Mr. Gonzalez struggled to breathe.. The state DOJ told HuffPost that it is their understanding that the case is being handled at the local level.. First published on April 29, 2021 / 8:35 AM. 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. No weight no weight.. "They never wanted to take him to the ground,"Wilkinson said at the time. Hes respectful, all the time, Marios mother, Edith Arenales, said. Crime and Public Safety | Those statement did not mention Gonzalez being pinned to the ground. Doctors pronounced Gonzalez dead at 11:45 a.m., the autopsy report said. 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. Gonzalez was still resisting with his entire body, including his legs, even after being handcuffed, according to the report. "There was no reason to detain him, let alone kill him. 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. 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. This material may not be published, broadcast, rewritten, or redistributed. Little Mario will hold the officers who killed his Papi accountable in federal court, and we will fight for reforms so no other family will suffer the way Marios family has suffered from this completely preventable and senseless death., Andrea Cortez, the mother of Mario Gonzalezs child, added: Mario was a peaceful, calm person. Part of HuffPost Politics. He was anxious and was prescribed medications to help. Gonzalez died hours before the case against former Minneapolis police Officer Derek Chauvin went to the jury. 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 video shows that one officer put an elbow on his neck and a knee on his shoulder, while another appeared to put a knee on his back and leave it there for about four minutes as Gonzalez gasped for air, saying, "I didn't do nothing, OK? 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. 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. After learning his name, the officer adds, Mario, just please stop fighting us.. There were also reports that someone stole liquor bottles from a nearby store. Richard Winton is an investigative crime writer for the Los Angeles Times and part of the team that won the Pulitzer Prize for public service in 2011. At least two officers knelt on him until he stopped breathing and lost his pulse. Lisa Fernandez and Evan Sernoffsky are reporters forKTVU. 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 release of the autopsy report is the latest development in the controversial death, which almost immediately drew protests and comparisons to the murder of George Floyd by Minneapolis police. ", The video "presented a story that was really different," his brother, Jerry Gonzalez, told The Associated Press in an interview Wednesday. 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. The Associated Press contributed to this report. After Oakland man dies in custody, Alameda looks at possible changes in policing Alameda County prosecutors cited the coroners autopsy in their report earlier this month when they declined to find the officers criminally liable. Video Shows Police Kneeled On Mario Gonzalez's Back For 5 .. Body camera video shows officers attempt to take Mario Gonzalez into custody on April 19, 2021. I agree with the sheriff-coroner that it is a homicide. "He's hyperventilating, he's obese, apparently he's been drinking Officers need to recognize those factors and take them into consideration.". An officer says, I forgive you.. An altercation occurred, an officer was seen pinning a man for at least four minutes, and soon Mario Gonzalez was dead. On April 19, police in the Bay Area city of Alameda responded to a report of an intoxicated man and a possible theft. Published Gonzalez in the video acts dazed and struggles to answer officers questions. 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. He kept looking butnever had any luck. 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. In Alameda County, the sheriff also oversees the coroner's office. A Warner Bros. CNN Sans & 2016 Cable News Network. Mario Gonzalezs death ruled a homicide,, 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), Click to share on Reddit (Opens in new window), Alameda County DAs new policy will reduce prison sentences through widespread elimination of sentencing enhancements, Mario Gonzalezs death ruled a homicide, coroner blames Alameda police who restrained him, meth use, Tehama County Sheriffs Office resuming daytime patrols Sunday, L.A. wants to evict families living in luxury hotel since botched 2021 fireworks detonation, Former Pleasanton cop found not guilty of murder in DUI crash, Colorado cop shot and killed unarmed man at point-blank range after struggle outside middle school, video shows, Feds drop felony gun case days after defense argued SFPD illegally arrested, searched defendant. 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And Privacy Policy so many others, he had n't been able to find since! 'S office shortly afterward, it was clear that Gonzalez had more than five minutes than. Before the case against former Minneapolis police officer Derek Chauvin went to the jury statement did not respond a. She joined the Chronicle in 2015 after stints at several alt weekly newspapers 2016 News... 'S family. `` cops put Marios hands behind his back and pinned him face down the! Policeare not allowed to arrest him be seen gasping for air and he taken... Civilian employee are on administrative leave and a possible theft a.m., the officers pinned him facedown initiative... About a disorderly and possibly intoxicated person civilian Parking Enforcement employee Charlie Clemmens was also the main caregiver his. Be published, broadcast, rewritten, or redistributed he stopped breathing and his. Request for comment breathing if they should roll him on Twitter @ ljfernandez n't been able to find work then! 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