Its been a long year, just the way weve been treated by the legal process., My brother was a human, he added. 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. George Santos Under Scrutiny CBS Email Evan atevan.sernoffsky@fox.comand follow him on Twitter @EvanSernoffsky. former Minneapolis police officer Derek Chauvin was convicted of murder in George Floyds death. Though both claims are related, they will remain separate but move forward side-by-side, Sherwin told CNN. 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 Associated Press contributed to this report. 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. "Itwas the strength and intensity of Mr. Gonzalez's own momentum" that caused the group to fall. In a statement Friday, Alameda Police Chief Nishant Joshi called the death a "tragedy" and said his office will complete a "thorough investigation.". 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." No weight no weight.. Attorneys for his family dispute the cause. "They wanted to keep him from tripping, so they killed him instead? Body camera video shows officers attempt to take Mario Gonzalez into custody on April 19, 2021. Sherwin argues that is "a pretty low level of methamphetamine" that's comparable to or even lower than concentrations of the drug often seen in 'recreational' use of the drug. As with Floyd, officers are routinely trained not to restrain people the way they did Gonzalez, said multiple use-of-force experts who viewed the video at the AP's request. The city said Civilian Parking Enforcement employee Charlie Clemmens was also involved. No officers were charged. At least one officer kneeled on his back for nearly five minutes until Gonzalez became unresponsive. 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. Civil Rights attorney Julia Sherwin, who is representing the family, says her office will continue to press their case in court that it was the officers' prone weight restraint, not meth, that killed Gonzalez. Get Morning Report and other email newsletters. 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. 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. A statement issued Friday by Alameda police Chief Nishant Joshi says the officers will remain on leave until the investigation is over. Blood tests were positive for methamphetamine and amphetamine, according to the autopsy report. 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 officers approach to Mr Gonzalez detention and arrest and their use of force appeared reasonable under the circumstances, the report says. California man who died in custody was restrained on his stomach for 5 minutes and lost consciousness, police body camera shows. / CBS/AP. 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. 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. 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. 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 County officials dispute that characterization. "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 his statement. Doctors pronounced Gonzalez dead at 11:45 a.m., the autopsy report said. 2023 Cable News Network. Heres the latest plan, Track water shortages and restrictions across Bay Area. "Here it's pretty obvious this individual is suffering from compression restraint asphyxia," Obayashi said. 2021 CBS Interactive Inc. All Rights Reserved. He is a graduate of San Francisco State University with a BA degree in journalism. 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. The cause of Gonzalezs death was the toxic effects of Gonzalezs cause of death is not yet known. 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. "We don't even know the cause of death right now," he said. 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. Gonzalez was taken to a hospital and pronounced dead. CNN Sans & 2016 Cable News Network. Fugitive in $18 million COVID fraud scheme extradited to U.S. After learning his name, the officer adds, Mario, just please stop fighting us.. The three police officers and the civilian employee are on administrative leave. ", Similarly, after the death of Floyd last year, the Minneapolis Police Department issued a news release saying that he had suffered "medical distress. Sherwin is preparing a federal civil rights lawsuit. Gonzalez's life began to unravel during the pandemic. His family said he was also the main caregiver for his autistic brother, Efrain. Mario Gonzalez Arenales, 26, died last year after an encounter with police officers in Alameda, California. The state DOJ told HuffPost that it is their understanding that the case is being handled at the local level.. Hes going unresponsive, one officer says. 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. 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. I agree with the sheriff-coroner that it is a homicide. The long-awaited autopsy found morbid obesity and alcoholism were also contributing factors in Gonzalez's April 19 death. Discovery Company. SEE ALSO: Andrew Brown Jr. shot 5 times, including in back of head, attorneys say independent Published Did you encounter any technical issues? 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 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. 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. Meth didnt kill Mario, the officers did., Earlier this month, the Alameda County district attorney announced. 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. But he delayed those dreams to helphis mom with the bills and care for his younger brother who suffers from severe autism. Or follow her on Twitter @ljfernandez. 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. HuffPost's top politics stories, straight to your inbox. Lisa Fernandez and Evan Sernoffsky are reporters forKTVU. But it won't last long. Mario Gonzalez, 26, died after Alameda police officers restrained him on his stomach for five minutes in a case that had echoes of the murder of George Floyd. 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. 12:22 PM EDT, Mon April 11, 2022. 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. Toxicology exams found methamphetamine and amphetamine in Gonzalezs body, the effects of which were aggravated by the stress of his altercation with the officers, the autopsy report said. Off work, he enjoys playing in bands, busking and karaoke. Then the cops put Marios hands behind his back and pinned him facedown. The independent autopsy confirms what we all saw with our own eyes. 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.. 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.. Again, my heart goes out to Mr. Gonzalez and his family.". 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. All Access Digital offer for just 99 cents! 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. Copyright 2023 CBS Interactive Inc. All rights reserved. He was taken to a hospital where he was pronounced dead. appreciated. 2023 BuzzFeed, Inc. All rights reserved. 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. "Theres nothing in the report that any of the techniques used by the officers were unreasonable or excessive. 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. Crime and Public Safety | Its a video that has drawn comparison to that of the George Floyd killing. Crime and Public Safety | 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. Gonzalezs death is under investigation by the Alameda County Sheriffs Office and the county district attorneys office. "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. He also holds a AA degree in journalism from Contra Costa College (San Pablo). L.A. wants to evict families living in luxury hotel since botched 2021 fireworks detonation 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. Accordingly, the department has again determined that the public interest in non-disclosure clearly outweighs the public interest in disclosure.". 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.". 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. Lila Seidman is a reporter for the Los Angeles Times yearlong initiative exploring various facets of mental health. The Alameda County coroners office is conducting an autopsy. Yosemite breaks snow record; park closed indefinitely, The Bay Area is catching a break from winter storms. Crime and Public Safety | No officers were charged. One officer put a knee on his back but only as a "balance point," Wilkinson said. The initialpress releasefrom the Alameda Police said that officers attempted to detain Gonzalez, and a "physical altercation ensued." 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. Gonzalez seemed intoxicated and disoriented and they were concerned he would fall, she said. I know they are already suffering the severe trauma of losing a loved one, Joshi said. The officers roll Gonzalez over and perform cardiopulmonary resuscitation, but he was later pronounced dead at a hospital. "Mario was a noble and decent man who didn't deserve to have his life ended in this way.". They began CPR and called for medical assistance. Related Articles Mario Gonzalez died after three officers and a civilian employee pinned him face down on the ground for more than five minutes. "Policeare not allowed to arrest people to keep from tripping," Sherwin said at the time. And Mario's 5-year-old son, also named Mario, will hold them accountable in civil court in a federal civil rights lawsuit.". His first newspaper job was as a Washington Post paperboy. Body camera footage shows the police restraining Gonzalez for five minutes, at which point he went limp. And he needs to find his justice one way or another.. Gonzalez in the video acts dazed and struggles to answer officers questions. "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. He wasnt hurting anyone and he was clearly confused. We believe it is an accurate and very comprehensive conclusion in the death of Mario Gonzalez.. On April 19, 2021, police in the Bay Area city knelt on Marios back for nearly four minutes, until he died. Gonzalez's death came amid ongoing tensions between police and communities they're sworn to protect, following the police killing of George Floyd less than one year earlier. with our own eyes, Julia Sherwin, an attorney for the Gonzalez family, said in a statement to the Chronicle. Crime and Public Safety | 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. Police Chief Nishant Joshi extended condolences to Gonzalezs family in a statement. 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. 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. 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. The independent autopsy, which was requested by the familys 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.. Do you have information you want to share with HuffPost? Then officers can be seen putting Gonzalezs hands behind his back and pinning him facedown. 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. The officers roll Gonzalez over and perform cardiopulmonary resuscitation, but he was later pronounced dead at a hospital. It was not clear Friday if that had taken place. 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. 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. She said she plans to file a federal civil lawsuit. He also had multiple rib fractures and a liver laceration, consistent with injuries people sometimes suffer when doctors attempt to resuscitate them through CPR. ALAMEDA The death of an Oakland man who went unconscious while police held him to the ground was determined to be a homicide as a result of the altercation with officers, as well as methamphetamine use,and obesity, according to an autopsy made public this week. Part of HuffPost Politics. 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. Gonzalez was still resisting with his entire body, including his legs, even after being handcuffed, according to the report. He added that he's "committed to full transparency and accountability into the tragic death of Mr. Gonzalez, and as soon as more information is available, we will continue to share it. 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? Los Angeles, Column: Supreme Court conservatives may want to block student loan forgiveness. He said the lack of accountability for the police officers was bullcrap., We know that what happened wasnt right, Jerry said. Your effort and contribution in providing this feedback is much 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 Separately, the Police Department is conducting an internal affairs probe into the altercation, and the district attorney is reviewing the case to determine whether to file criminal charges. 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, 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 new autopsy results, released Wednesday, said that Gonzalez died on April 19, 2021, from restraint asphyxiation, according to forensic pathologist Bennet Omalu. She joined the Chronicle in 2015 after stints at several alt weekly newspapers. All Rights Reserved. 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. 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. It is shameful that District Attorney Nancy OMalley did not have the courage to bring criminal charges for this homicide. 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. ", The video "presented a story that was really different," his brother, Jerry Gonzalez, told The Associated Press in an interview Wednesday. Wife of popular Wild 94.9 radio host JV says new information suggests he will not be coming back, Bay Area federal judge orders extradition of woman suspected of killing MSU student in hit-and-run, San Jose: Home raided as part of explosives and narcotics investigation, Police body camera video released a week after his death, filed a legal claim against the city of Alameda, have the autopsy reviewed by outside agencies, Dear Abby: My wife said she doesn't like it, but it's part of my life. The project will marry her graduate work in clinical psychology and more than 10 years of journalism experience. 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. 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. 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. The officers determine that he is resisting, then push him to the ground, according to the video. Thats all, the officer says. In statements Wednesday, a Gonzalez lawyer and family member further decried police actions that led to his death. 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 Alameda County prosecutors cited the coroners autopsy in their report earlier this month when they declined to find the officers criminally liable. I think you just had too much to drink today, OK? 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. Interim Police Chief Randy Fenn told KTVU-TV said the video was "troubling" and offered his condolences to Gonzalez's family. David DeBolt spent more than a decade reporting on the East Bay, with a focus on Oakland City Hall and the Oakland Police Department, for the Bay Area News Group and The Oaklandside before transitioning to become an editor at the Bay Area News Group overseeing breaking news for The Mercury News and East Bay Times in August 2022. The loss of Mr. Gonzalez is a terrible tragedy, and our thoughts and prayers go out to his loved ones.. Clearly now the onus is on the DA to prosecute these officers for the homicide.. An attorney for the officers said they did nothing wrong. You are also agreeing to our Terms of Service and Privacy Policy. 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. 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.. , '' Sherwin said at the time 2015 after stints at several weekly! Civil lawsuit member further decried police actions that led to his death various facets of mental.... Until Gonzalez became unresponsive Mario was a noble and decent man who did n't deserve have! 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