County officials dispute that characterization. Former Pleasanton cop found not guilty of murder in DUI crash The officers approach to Mr Gonzalez detention and arrest and their use of force appeared reasonable under the circumstances, the report says. But theyve hit a snag, Randall Emmett, Ambyr Childers settle domestic violence restraining order dispute, Review: A reimagined Secret Garden fails to flower anew at the Ahmanson Theatre, A $150,000 executive protection dog? Alameda is 15 miles outside San Francisco. 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. Part of HuffPost Politics. But it won't last long. All three remain on paid leave. At least two officers knelt on him until he stopped breathing and lost his pulse. ", The union representing police officers did not respond to a request for comment. ", Similarly, after the death of Floyd last year, the Minneapolis Police Department issued a news release saying that he had suffered "medical distress. Were going to take care of you, OK, were going to take care of you, one officer tells him. 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. Those statement did not mention Gonzalez being pinned to the ground. 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. 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. 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 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. However, the independent autopsy, performed April 27, 2021 by renowned forensic pathologist Dr. Bennet Omalu, says the primary cause of death was restraint asphyxiation. A previous Alameda County Sheriffs Office coroners autopsy differed on the cause of death, saying Gonzalez died of a heart attack caused by the stress of the encounter. Nate Gartrell covers crime and corruption in Contra Costa County. Hes going unresponsive, one officer says. The Alameda Police Department said in its first news release that officers attempted to detain the man, and a physical altercation ensued. Heres what first half of March looks like. With police on top of him, Gonzalez can be heard groaning under the officers weight while continuing to respond to questions. Hes a lovely guy. 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. Tehama County Sheriffs Office resuming daytime patrols Sunday ey. Hes respectful, all the time, Marios mother, Edith Arenales, said. Sherwin said she believes Gonzalez died of asphyxiation and said the amount of methamphetamine in his system was low. His first newspaper job was as a Washington Post paperboy. 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. The officers remain on paid administrative leave until all investigations are complete, according to the City of Alameda, which is handling its own independent investigation of the death. One officer seems to put an elbow on his neck and a knee on his shoulder. 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. They broke my family for no reason.. 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 APD took a calm situation and made it fatal.". He said he will soon file a federal lawsuit against the city and the officers involved. Click here and here to download a copy of the coroner's report. 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. By. L.A. wants to evict families living in luxury hotel since botched 2021 fireworks detonation He was anxious and was prescribed medications to help. Crime and Public Safety | The Alameda Sheriffs Office and the Alameda County District Attorneys Office are investigating the case, and the city also brought in an outside firm. 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 other refuses, saying he doesn't want to lose his grip. In Alameda County, the sheriff also oversees the coroner's office. This material may not be published, broadcast, rewritten, or redistributed. "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. An altercation occurred, an officer was seen pinning a man for at least four minutes, and soon Mario Gonzalez was dead. An independent autopsy confirmed what the Latino fathers family had declared: Police in Alameda, California, killed him, not meth. 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. s attorneys, according to the San Francisco Chronicle, countered the report from the Alameda County coroners office, last year, which had called the death a homicide but listed the principal cause as toxic effects of methamphetamine., The report included under other significant conditions the physiological stress of altercation and restraint, as well as obesity and alcoholism., On April 19, 2021, police in the Bay Area city, knelt on Marios back for nearly four minutes, until he died. ""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. IRS delays tax deadline for Bay Area, but California hasn't followed: What should you do? 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. Gonzalez seemed intoxicated and disoriented and they were concerned he would fall, she said. 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. 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 long-awaited autopsy found morbid obesity and alcoholism were also contributing factors in Gonzalez's April 19 death. 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. 2023 FOX Television Stations, until THU 9:00 AM PST, Mendocino County Coast, until THU 8:00 AM PST, Carquinez Strait and Delta, from THU 12:00 AM PST until THU 9:00 AM PST, North Bay interior valleys, East Bay Interior Valleys, Santa Clara Valley including San Jose, Santa Lucia Mountains and Los Padres National Forest, from SAT 4:00 AM PST until SUN 4:00 PM PST, Southern Lake County, Northwestern Mendocino Interior, Northeastern Mendocino Interior, Southeastern Mendocino Interior, Northern Lake County, High Stakes: Sports Betting in California, originallytold the public that hehad died, Several experts have said that officers have long been trained, Teacher's TikTok plea helps clear thousands of dollars in school lunch debt, Study finds General Motors and Tesla have the most loyal customers, Instacart delivers after twin daughters almost make an $800 purchase, Bald eagles make home in unusual spot at Alameda golf course, Fishermen find remains of missing man inside shark. 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. According to the toxicology report released, Gonzalez had .9 milligrams of meth per liter in his system. The Alameda County Sheriffs Office said in May that it intended to have the autopsy reviewed by outside agencies after its completion. Do you have information you want to share with HuffPost. He worried if he or his mother died who would take care of his brother Efrain, 23, who suffers from severe autism and is nonverbal. 2021 CBS Interactive Inc. All Rights Reserved. Gonzalezs death is under investigation by the Alameda County Sheriffs Office and the county district attorneys office. Mario Gonzalez autopsy will be reviewed by, 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 Gonzalez autopsy will be reviewed by outside agencies, After Oakland man dies in custody, Alameda looks at possible changes in policing, Photos: Youth-led march honors Oakland man who died in Alameda police custody, Gonzalez family: Police body-worn camera footage shows what we alreadyknew, Our family needs answers: Relatives call for swift transparency in mans death during arrest by Alameda police. 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. He said the lack of accountability for the police officers was bullcrap., We know that what happened wasnt right, Jerry said. At least two officers knelt on him until he stopped breathing and lost his pulse. Fugitive in $18 million COVID fraud scheme extradited to U.S. 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. An Alameda police press release on the death of Mario Gonzalez. City officials stated they are "committed to full transparency and accountability in the aftermath of Mr. Gonzalez's death." Charge all those involved so no one else has to lose their loved one.. 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. Alameda County prosecutors cited the coroners autopsy in their report earlier this month when they declined to find the officers criminally liable. 12:22 PM EDT, Mon April 11, 2022. The officers, as they seek to restrain him, repeatedly ask Gonzalez for his full name and birth date. Get browser notifications for breaking news, live events, and exclusive reporting. The officers determine that he is resisting, then push him to the ground, according to the video. Gonzalez, 26, died April 19, 2021, as he was being restrained outside 802 Oak St. in Alameda. Heres how. They are still waiting on the autopsy to be released by the coroners office. The sheriffs office is also convening a cause and manner of death committee to review the case before releasing any findings, sheriff spokesman Sgt. "We need justice because we lost someone who was indispensable to our family," Gonzalez's mother told CBS stationKPIX-TVlast week. SEE ALSO: Andrew Brown Jr. shot 5 times, including in back of head, attorneys say independent The law firm also announced an online fundraising campaign on behalf of Cortez and Gonzalezs son. A man died after being restrained by police in California. Kelly added that the investigation of Gonzalezs death needs this level of action for public trust.. 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. Related Articles 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. James Fisher, Cameron Leahy and Eric McKinley be fired and charged. Crime and Public Safety | He also holds a AA degree in journalism from Contra Costa College (San Pablo). 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 family also wants the California Department of Justice to investigate the police departments handling of the case. The new information being released adds to that pain.. 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. 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. In a statement Friday, Alameda Police Chief Nishant Joshi called the death a "tragedy" and said his office will complete a "thorough investigation.". Mario Gonzalez died after three officers and a civilian employee pinned him face down on the ground for more than five minutes. The Associated Press contributed to this report. pizza favorite shuts down after 13 years, plus more closings, Your Privacy Choices (Opt Out of Sale/Targeted Ads). 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. 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 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. 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. One officer puts his knee on Gonzalezs back for four minutes or more. Haddad said his firm has hired a doctor to conduct a second autopsy, the results of which have not yet been finalized. Colorado cop shot and killed unarmed man at point-blank range after struggle outside middle school, video shows The last delay was on Tuesday. 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. But he delayed those dreams to helphis mom with the bills and care for his younger brother who suffers from severe autism. 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 state DOJ told HuffPost that it is their understanding that the case is being handled at the local level.. By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. The footage from the Alameda Police Department shows the man, Mario Arenales Gonzalez, becoming unresponsive while in handcuffs and police officers quickly You are also agreeing to our Terms of Service and Privacy Policy. 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, 2021, in Alameda, Calif. Gonzalez stopped breathing during the arrest and was pronounced dead at a hospital. The officers released Gonzalez several minutes later and found him unresponsive. 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. Experts have expressed shock at his death, Mario Gonzalez Arenales, 26, died last year after an encounter with police officers in Alameda, California. 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. "He's hyperventilating, he's obese, apparently he's been drinking Officers need to recognize those factors and take them into consideration.". Crime and Public Safety | A Warner Bros. 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. Clearly now the onus is on the DA to prosecute these officers for the homicide.. Body camera video shows officers attempt to take Mario Gonzalez into custody on April 19, 2021. They are still waiting on the autopsy to be released by the coroners office. There were also reports that someone stole liquor bottles from a nearby store. "We don't even know the cause of death right now," he said. 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. He adored our son and was a good father. The police killed my brother, in the same manner they killed George Floyd, his brother Gerardo Gonzalez told reporters Tuesday. 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. 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. Then the cops put Marios hands behind his back and pinned him facedown. In the department's first announcement about Gonzalez's death, policeoriginallytold the public that hehad died of a "medical emergency" after a "scuffle" with police. He began to eat more and gain weight. 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.". Photo: Lisa Fernandez. 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.. for the officers. No weight no weight.. No officers were charged. He has worked as an online coordinator and, before that, a copy editor and page designer for Bay Area-based newspapers and magazines. Gonzalez was still resisting with his entire body, including his legs, even after being handcuffed, according to the report. 2. Meth didnt kill Mario, the officers did.. Local residents called 911 on Gonzalez after he seemed dazed and intoxicated, but not threatening or violent, in a public park. The three officers remain on paid administrative leave, according to the city of Alameda. But body camera video released shortly afterward, it was clear that Gonzalez was unarmed. Mario is shown on the video calmly speaking with the officers for nearly nine minutes. 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. hide caption. 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. 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. An attorney for the officers said they did nothing wrong. Off work, he enjoys playing in bands, busking and karaoke. Interim Police Chief Randy Fenn told KTVU-TV said the video was "troubling" and offered his condolences to Gonzalez's family. 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. 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. He was highly intoxicated in a public place, in a manner where he was unable to care for himself, Berry Wilkinson said. Lisa Fernandez and Evan Sernoffsky are reporters forKTVU. In this case, one officer recognized the danger, asking shortly before Gonzalez stopped breathing if they should roll him on his side. Gonzalez, 26, of Oakland, died on April 19 at a hospital after being pinned down as Alameda police tried to arrest him. Or follow her on Twitter @ljfernandez. ", The video "presented a story that was really different," his brother, Jerry Gonzalez, told The Associated Press in an interview Wednesday. The case has sparked outrage in the community. 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. Heres how. 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. Doctors pronounced Gonzalez dead at 11:45 a.m., the autopsy report said. The autopsy also noted that Gonzalez had more than 20 cuts and bruises. On April 19, police in the Bay Area city of Alameda responded to a report of an intoxicated man and a possible theft. 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