A spokesperson for the sheriff, Lt. Ray Kelly, said the office stands by the corners report. Alameda County prosecutors cited the coroners autopsy in their report earlier this month when they declined to find the officers criminally liable. 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.". If they had rolled him on his side when the first officer said to, my sons father might still be here.. 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. Charge all those involved so no one else has to lose their loved one.. The Alameda County Sheriffs Office said in May that it intended to have the autopsy reviewed by outside agencies after its completion. "The medical emergency that they're talking about was induced by three officers on his back. 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. "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.. 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. With police on top of him, Gonzalez can be heard groaning under the officers weight while continuing to respond to questions. "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. 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. Tehama County Sheriffs Office resuming daytime patrols Sunday A tremendous amount work went into this investigation by our pathologist and coroners investigative team, Kelly said. After learning his name, the officer adds, Mario, just please stop fighting us.. 2023 BuzzFeed, Inc. All rights reserved. The family is demanding that the officers involved James Fisher, Cameron Leahy and Eric McKinley be fired and charged. 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. Gonzalez weighed about 250 pounds (113 kilograms), and police said he appeared to be under the influence. 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. 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. Gonzalez, who complied with officers attempts to converse, appeared disoriented in a video later released. Accordingly, the department has again determined that the public interest in non-disclosure clearly outweighs the public interest in disclosure.". Asked why the officers couldn't have called a family member to pick him up or let him sit on a benchto wait it out instead of restraining him,Wilkinson said those approaches would not have likely worked out because of his disorientation. Its a video that has drawn comparison to that of the George Floyd killing. All Access Digital offer for just 99 cents! 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? Please dont do it, Gonzalez says at one point, and then, Im sorry, followed by screams and groans. An independent autopsy confirmed what the Latino fathers family had declared: Police in Alameda, California, killed him, not meth. The Alameda Police Department said in its first news release that officers attempted to detain the man, and a physical altercation ensued. Gonzalez can be seen gasping for air and he was pronounced dead after he was taken to the hospital. 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 Alameda County District Attorney's Office on Tuesday reopened its investigation into the actions of Alameda police officers involved in the death of Mario Click here and here to download a copy of the coroner's report. 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. 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. 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! Nor was there a time when they were pressing down hard enough on his body to cause him not to breathe.". He kept looking butnever had any luck. ", Alameda police officers try to revive Mario Gonzalez of Oakland after police restrained him, prone on the ground. 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. 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. Or follow her on Twitter @ljfernandez. Did you encounter any technical issues? "There was never a point in time where any officer's knee was on Mr. Gonzalez's neck. Nate Gartrell covers crime and corruption in Contra Costa County. 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. You are also agreeing to our Terms of Service and Privacy Policy. He was highly intoxicated in a public place, in a manner where he was unable to care for himself, Berry Wilkinson said. Gonzalez, 26, of Oakland, died on April 19 at a hospital after being pinned down as Alameda police tried to arrest him. He joined the Bay Area News Group in 2014. 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. Our family needs answers: Relatives call for swift transparency in mans death during arrest by Alameda police Mario Gonzalez, a 26-year-old father and east Oakland resident, stopped breathing after an 19 April encounter with police at a park in the city of Alameda, in the San 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. 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. A spokeswoman for the Alameda County DA's office declined to comment, citing its ongoing investigation of the case. 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. L.A. wants to evict families living in luxury hotel since botched 2021 fireworks detonation In Alameda County, the sheriff also oversees the coroner's office. We believe it is an accurate and very comprehensive conclusion in the death of Mario Gonzalez.. An altercation occurred, an officer was seen pinning a man for at least four minutes, and soon Mario Gonzalez was 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, Dear Abby: My wife said she doesn't like it, but it's part of my life. There were also reports that someone stole liquor bottles from a nearby store. Gonzalez's mother, who lost another son two years ago, turned 45 the day after Mario died, his brother said. Gonzalezs death is under investigation by the Alameda County Sheriffs Office and the county district attorneys office. Gonzalez was still resisting with his entire body, including his legs, even after being handcuffed, 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. 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 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. Parking enforcement officer Charlie Clemmens, who the city also determined was involved in the death, "is not being scheduled for work," Henry said. But it won't last long. This material may not be published, broadcast, rewritten, or redistributed. Dec 13, 2021, 05:41 PM EST. And he needs to find his justice one way or another.. That was their fatal mistake, experts said. Then officers can be seen putting Gonzalezs hands behind his back and pinning him facedown. The other refuses, saying he doesn't want to lose his grip. Crime and Public Safety | Crime and Public Safety | The project will marry her graduate work in clinical psychology and more than 10 years of journalism experience. Heres what the first half of Is Californias drought finally over? Hes a lovely guy. All three officers are on administrative leave. 2023 Cable News Network. HuffPost's top politics stories, straight to your inbox. California man who died in custody was restrained on his stomach for 5 minutes and lost consciousness, police body camera shows. She said that the officers noted he was highly intoxicated and stumbling around on a tree stump and thought he might harm himself. The independent autopsy found that, if not for his asphyxial brain injury, Mr. Gonzalez, more likely than not, would not have died. It noted that most people who take methamphetamine do not die of it and that the meth in this case was not the underlying cause of death. As the coroners report found, this autopsy also confirmed that the manner of death was homicide. 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. 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 city of Alameda has repeatedly delayed releasing records under a police transparency law citing the fact that the autopsy had not yet been complete. Body camera footage shows the police restraining Gonzalez for five minutes, at which point he went limp. Meth didnt kill Mario, the officers did. Previously, she covered City Hall for Glendale News-Press, then part of Times Community News. 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. Most Californians can put off filing taxes until Oct. 16 but should they? All Access Digital offer for just 99 cents! 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. Meth didnt kill Mario, the officers did., Earlier this month, the Alameda County district attorney announced. The autopsy by the Alameda County Coroner's Bureau rules Gonzalez's death a homicide but says the main cause was "toxic effects of methamphetamine.". with our own eyes, Julia Sherwin, an attorney for the Gonzalez family, said in a statement to the Chronicle. She's says she's hopeful the Alameda County District Attorney's office "will do their job and prosecute the officers for the homicide that they committed, to hold those officers accountable in criminal court in Alameda County. He was taken to a hospital where he was pronounced dead. 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. , released Wednesday, said that Gonzalez died on April 19, 2021, from restraint asphyxiation, according to forensic pathologist Bennet Omalu. Related Articles In statements Wednesday, a Gonzalez lawyer and family member further decried police actions that led to his death. 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. ey. Lisa Fernandez and Evan Sernoffsky are reporters forKTVU. ", The video "presented a story that was really different," his brother, Jerry Gonzalez, told The Associated Press in an interview Wednesday. He adored our son and was a good father. She joined the Chronicle in 2015 after stints at several alt weekly newspapers. The new information being released adds to that pain.. 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. His face had minor abrasions. A statement issued Friday by Alameda police Chief Nishant Joshi says the officers will remain on leave until the investigation is over. 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. Thats all, the officer says. Rachel Swan is a breaking news and enterprise reporter. At least one officer kneeled on his back for nearly five minutes until Gonzalez became unresponsive. 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. An Alameda police press release on the death of Mario Gonzalez. 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. Heres the latest plan, Track water shortages and restrictions across Bay Area. Crime and Public Safety | 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. The family also wants the California Department of Justice to investigate the police departments handling of the case. According to the toxicology report released, Gonzalez had .9 milligrams of meth per liter in his system. All three remain on paid leave. 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. 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. Dear Abby: Why do they imply my husband is a freak? 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. Its peer-reviewed. He also holds a AA degree in journalism from Contra Costa College (San Pablo). Mario Gonzalez, who died after being pinned to the ground by police officers in Alameda, California, was a father of a 4-year-old child. 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. , 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. Gonzalez died hours before the case against former Minneapolis police Officer Derek Chauvin went to the jury. The independent autopsy confirms what we all saw with our own eyes. It was not clear Friday if that had taken place. 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. They killed him by restraining him in a prone position, with three officers weight on him, for over five minutes, attorney Julia Sherwin said in part. Copyright 2023 CBS Interactive Inc. All rights reserved. Gonzalez's life began to unravel during the pandemic. "They wanted to keep him from tripping, so they killed him instead? The case has sparked outrage in the community. Police said that Gonzalez then had a "medical emergency. On April 19, police in the Bay Area city of Alameda responded to a report of an intoxicated man and a possible theft. Autopsy finds Mario Gonzalez died from meth, police restraint in Alameda struggle By Lisa Fernandez and Evan Sernoffsky Published December 10, 2021 Updated His family said he was also the main caregiver for his autistic brother, Efrain. 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." 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. The toxicology report by Ascertain Forensics was conducted a month after Gonzalez's death, and his autopsy was signed by Alameda County Chief Forensic Pathologist Vivian S. Snyder on Sept. 25, records show. 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. He began to eat more and gain weight. 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 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. Do you have information you want to share with HuffPost? , but the video shows Gonzalez stopped breathing on site and one officer declaring no pulse as officers began CPR. "Once they're controlling him, as we learned from the Floyd trial with all those medical experts, this position or compression is deadly," said Geoffrey Alpert, a professor of criminology at the University of South Carolina and an expert on police use of force. 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. Blood tests were positive for methamphetamine and amphetamine, according to the autopsy report. "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. He is a graduate of San Francisco State University with a BA degree in journalism. The law firm also announced an online fundraising campaign on behalf of Cortez and Gonzalezs son. Crime and Public Safety | The police killed my brother, in the same manner they killed George Floyd, his brother Gerardo Gonzalez told reporters Tuesday. He also had multiple rib fractures and a liver laceration, consistent with injuries people sometimes suffer when doctors attempt to resuscitate them through CPR. Do you have information you want to share with HuffPost. During the encounter, Gonzalez remained in a prone position with pressure applied to his posterior torso and legs, the report said. former Minneapolis police officer Derek Chauvin was convicted of murder in George Floyds death. 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. All Rights Reserved. County officials dispute that characterization. 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. Related Articles OAKLAND, Calif., Dec. 10, 2021 (GLOBE NEWSWIRE) -- The Alameda County Sheriff-Coroners Office finally released the Coroners and autopsy report concerning Officers try to revive Mario Gonzalez is over of Alameda responded to a report an! To respond to questions detain the man, and police said that public. His side when the first half of is Californias drought finally over spokeswoman for the Alameda County district attorney.... Area City of Alameda responded to a hospital put off filing taxes mario gonzalez alameda autopsy Oct. but. Gonzalez 's life began to unravel during the encounter, Gonzalez had.9 milligrams meth! The coroners autopsy in their report earlier this month when they declined to find justice! 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