Crime and Public Safety | 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. 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. Hes a lovely guy. 2021 CBS Interactive Inc. All Rights Reserved. All three remain on paid leave. SAN FRANCISCO (KGO) -- The death of Mario Gonzalez in April as he was being restrained by Alameda police employees has been ruled a homicide by the Alameda The new autopsy results, released Wednesday, said that Gonzalez died on April 19, 2021, from restraint asphyxiation, according to forensic pathologist Bennet Omalu. In April, police in Alameda, California, kneeled on Mario Gonzalezs back for nearly five minutes before he died. His family said he was also the main caregiver for his autistic brother, Efrain. There were also reports that someone stole liquor bottles from a nearby store. James Fisher, Cameron Leahy and Eric McKinley be fired and charged. You are also agreeing to our Terms of Service and Privacy Policy. The family also wants the California Department of Justice to investigate the police departments handling of the case. Hes respectful, all the time, Marios mother, Edith Arenales, said. Its a video that has drawn comparison to that of the George Floyd killing. Im concerned that the sheriff-coroner is trying to protect the Alameda police, Haddad said, arguing that methamphetamine was a false cause of death because the amount in Gonzalezs system 907 nanograms per milliliter of blood was far too low to cause someone to suddenly drop dead.. Get Morning Report and other email newsletters. I think you just had too much to drink today, OK? According to the toxicology report released, Gonzalez had .9 milligrams of meth per liter in his system. The police should have known to use better tactics with Mario. A Warner Bros. One officer puts his knee on Gonzalezs back for four minutes or more. It is shameful that District Attorney Nancy OMalley did not have the courage to bring criminal charges for this 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), Alameda County DAs new policy will reduce prison sentences through widespread elimination of sentencing enhancements, Mario Gonzalez died of restraint asphyxiation in Alameda police custody, independent autopsy says. Gonzalezs cause of death is not yet known. Mario is shown on the video calmly speaking with the officers for nearly nine minutes. 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. 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. 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? You are also agreeing to our Terms of Service and Privacy Policy. 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. A week after Gonzalezs death, the city identified the officers placed on leave as James Fisher, Cameron Leahy and Eric McKinely. Gonzalez seemed intoxicated and disoriented and they were concerned he would fall, she said. But body camera video released shortly afterward, it was clear that Gonzalez was unarmed. 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. Lila Seidman is a reporter for the Los Angeles Times yearlong initiative exploring various facets of mental health. This material may not be published, broadcast, rewritten, or redistributed. Kelly added that the investigation of Gonzalezs death needs this level of action for public trust.. Gonzalez, a 26-year-old Oakland man, stopped breathing after several Alameda police officers held him face-down on the ground for roughly five minutes. Do you have information you want to share with HuffPost? 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. At least one officer kneeled on his back for nearly five minutes until Gonzalez became unresponsive. 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 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. 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. 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. Experts have expressed shock at his death, The case has drawn national attention, with comparisons to the death of George Floyd, particularly for the scant information police initially released in saying Gonzalez died of a medical issue during a scuffle with officers. They began CPR and called for medical assistance. 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. 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. Photos: Youth-led march honors Oakland man who died in Alameda police custody 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 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. Internet personality Yo Pesci receives seven year sentence after flashing firearms on social media, Gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, Jury finds Bay Area man guilty of annoying or molesting a child, Convicted murderer charged in 1980 cold case slaying of woman found in rural Solano County, https://www.gofundme.com/f/justice-for-mario-gonzalez-and-his-only-son, East Bay lawmaker blasts open sore at BART, resigns from Senate committee, United Dumplings' fare in Rockridge 'meant to be enjoyed together', Walnut Creeks Shake Shack is finally opening this weekend, Three Bay Area men, including justice reform activist, plead guilty in Norteo RICO murder case. Photo: Lisa Fernandez. Mario Gonzalez Arenales, 26, died last year after an encounter with police officers in Alameda, California. "Mario was a noble and decent man who didn't deserve to have his life ended in this way.". No officers were charged. "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. After Oakland man dies in custody, Alameda looks at possible changes in policing Email Lisa atlisa.fernandez@fox.comor call her at510-874-0139. 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. Experts have expressed shock at his death, questioning why the officers pinned him when he appeared to pose no imminent threat. The autopsy released eight months after the incident found that Mario Gonzalez died due to a heart attack during an April 19 struggle with police. The independent autopsy confirms what we all saw with our own eyes, Julia Sherwin, an attorney for the Gonzalez family, said in a statement to the Chronicle. After learning his name, the officer adds, Mario, just please stop fighting us.. 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. 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. The loss of Mr. Gonzalez is a terrible tragedy, and our thoughts and prayers go out to his loved ones.. And Mario's 5-year-old son, also named Mario, will hold them accountable in civil court in a federal civil rights lawsuit.". ", "The police killed my brother in the same manner that they killed George Floyd," Jerry Gonzalez said at a press conference outside City Hall on Tuesday. Gonzalez weighed about 250 pounds (113 kilograms), and police said he appeared to be under the influence. 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. Get browser notifications for breaking news, live events, and exclusive reporting. Part of HuffPost Politics. Lisa Fernandez and Evan Sernoffsky are reporters forKTVU. "There was no reason to detain him, let alone kill him. The Alameda County Sheriffs Office said in May that it intended to have the autopsy reviewed by outside agencies after its completion. Alison Berry Wilkinson, the attorney for the officers, called the situation "very sad" but said the autopsy clearly shows Gonzalez "died from drug toxicity. 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.". 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. By. The officers roll Gonzalez over and perform cardiopulmonary resuscitation, but he was later pronounced dead at a hospital. Both suits claim Gonzalez appeared to be confused and possibly intoxicated at the time, but was not a threat to himself or anyone else and that he wasnt involved in any crime. At a vigil last week on the first anniversary of Gonzalezs death, his younger brother, Jerry, spoke to a crowd of dozens of mourners in the park where he was killed. 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. Email Evan atevan.sernoffsky@fox.comand follow him on Twitter @EvanSernoffsky. 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. 2. She joined the Chronicle in 2015 after stints at several alt weekly newspapers. Police said that Gonzalez then had a "medical emergency. Get Morning Report and other email newsletters. "Theres nothing in the report that any of the techniques used by the officers were unreasonable or excessive. The incident is under investigation by the Alameda County Sheriff's Department, the Alameda County district attorney's office, and Louise Renne, a former San Francisco city attorney, who was hired to conduct an independent investigation. Off work, he enjoys playing in bands, busking and karaoke. He said the lack of accountability for the police officers was bullcrap., We know that what happened wasnt right, Jerry said. 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. At least two officers knelt on him until he stopped breathing and lost his pulse. 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. 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 are struggling with these daily routines while carrying the burden of grief.. Hes lifting my whole body weight up, an officer tells his colleague. 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. Nearly four minutes after he was cuffed, Gonzalez became unresponsive, the report says. 2023 Cable News Network. Crime and Public Safety | Walking around with that level of meth, he wouldnt have dropped dead at that moment but for the force by police, Haddad said. 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. Gonzalez was still resisting with his entire body, including his legs, even after being handcuffed, according to the report. Omalu adds that methamphetamine levels in Gonzalezs blood fell within recreational rather than life-threatening ranges and that alcohol levels were extremely low and did not contribute to his death.. On April 19, 2021, police in the Bay Area city knelt on Marios back for nearly four minutes, until he died. Gonzalez can be seen gasping for air and he was pronounced dead after he was taken to the hospital. He was highly intoxicated in a public place, in a manner where he was unable to care for himself, Berry Wilkinson said. And he needs to find his justice one way or another.. 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. In an earlier interview, Wilkinson said that physical struggle was because Gonzalez resisted the officers, who she said never intended for the struggle to progress the way it did. Gonzalez, 26, of Oakland, died on April 19 at a hospital after being pinned down as Alameda police tried to arrest him. Interim Police Chief Randy Fenn told KTVU-TV said the video was "troubling" and offered his condolences to Gonzalez's family. 2023 BuzzFeed, Inc. All rights reserved. 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. The independent autopsy confirms what we all saw with our own eyes. But it won't last long. Sherwin said she believes Gonzalez died of asphyxiation and said the amount of methamphetamine in his system was low. Please dont do it, Gonzalez says at one point, and then, Im sorry, followed by screams and groans. 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. 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. 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. 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. 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