Caution: It is graphic. 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 sheriffs office is also convening a cause and manner of death committee to review the case before releasing any findings, sheriff spokesman Sgt. One officer put a knee on his back but only as a "balance point," Wilkinson said. Crime and Public Safety | You are also agreeing to our Terms of Service and Privacy Policy. The three officers remain on paid administrative leave, according to the city of Alameda. They are still waiting on the autopsy to be released by the coroners office. 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. "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. 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. 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. She said she plans to file a federal civil lawsuit. 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 An officer says, I forgive you.. 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. 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. 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. Off work, he enjoys playing in bands, busking and karaoke. At least two officers knelt on him until he stopped breathing and lost his pulse. Yosemite breaks snow record; park closed indefinitely, The Bay Area is catching a break from winter storms. Published 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. 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.. It is shameful that District Attorney Nancy OMalley did not have the courage to bring criminal charges for this homicide. Please dont do it, Gonzalez says at one point, and then, Im sorry, followed by screams and groans. Heres how. They broke my family for no reason.. The officers determine that he is resisting, then push him to the ground, according to the video. City officials stated they are "committed to full transparency and accountability in the aftermath of Mr. Gonzalez's death." 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. The cause of Gonzalezs death was the toxic effects of IRS delays tax deadline for Bay Area, but California hasnt followed: What should you do? He fought the officers, and they used reasonable techniques. 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. An altercation occurred, an officer was seen pinning a man for at least four minutes, and soon Mario Gonzalez was dead. 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. 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. State storms arent letting up. Haddad said his firm has hired a doctor to conduct a second autopsy, the results of which have not yet been finalized. After graduating from Coliseum College Preparatory in Oakland, Gonzalez had plannedto go toAlameda College. 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. 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. Video Shows Police Kneeled On Mario Gonzalez's Back For 5 .. Parking enforcement officer Charlie Clemmens, who the city also determined was involved in the death, "is not being scheduled for work," Henry said. Part of HuffPost Politics. 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. "We don't even know the cause of death right now," he said. 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 initialpress releasefrom the Alameda Police said that officers attempted to detain Gonzalez, and a "physical altercation ensued." Gonzalez can be seen gasping for air and he was pronounced dead after he was taken to the hospital. IRS delays tax deadline for Bay Area, but California hasn't followed: What should you do? Born in Berkeley, she graduated from Cal with a degree in rhetoric and is now raising two daughters in El Cerrito. With police on top of him, Gonzalez can be heard groaning under the officers weight while continuing to respond to questions. One officer puts his knee on Gonzalezs back for four minutes or more. The family has not gotten any updates from officials in months, according to the familys attorney. 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.. Experts have expressed shock at his death, questioning why the officers pinned him when he appeared to pose no imminent threat. 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. 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.". Police body camera video released a week after his death shows multiple officers holding Gonzalez to the ground for five minutes while attempting to arrest him on suspicion of shoplifting, a misdemeanor. CNN The family of Mario Gonzalez Arenales, a Northern California man who died after he was restrained by police officers in April, has filed a wrongful death claim According to the toxicology report released, Gonzalez had .9 milligrams of meth per liter in his system. He was taken to a hospital where he was pronounced dead. In Alameda County, the sheriff also oversees the coroner's office. 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. 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. Then the cops put Marios hands behind his back and pinned him facedown. 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. 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. Edith Arenales of Oakland holds a picture of her son, Mario Gonzalez, who was killed by Alameda police on April 19, 2021. Paramedics rushed him to Alameda Hospital, where he arrived in cardiac arrest, not breathing, with no pulse, according to the report. 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. Dec 13, 2021, 05:41 PM EST. Do you have information you want to share with HuffPost. "They never wanted to take him to the ground,"Wilkinson said at the time. 2023 Cable News Network. SEE ALSO: Andrew Brown Jr. shot 5 times, including in back of head, attorneys say independent 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 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 Two wrongful death suits, nearly mirroring one another, have been filed against the City of Alameda alleging the officers detained Gonzalez without reasonable suspicion and caused him to die of asphyxia. Attorneys for his family dispute the cause. 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. 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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. Interim Police Chief Randy Fenn told KTVU-TV said the video was "troubling" and offered his condolences to Gonzalez's family. Experts have expressed shock at his death, ", The video "presented a story that was really different," his brother, Jerry Gonzalez, told The Associated Press in an interview Wednesday. former Minneapolis police officer Derek Chauvin was convicted of murder in George Floyds death. 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 Mario died at age 26. Police said that Gonzalez then had a "medical emergency. Hes lifting my whole body weight up, an officer tells his colleague. "There was no reason to detain him, let alone kill him. "This is a clear-cut case of death at the hands of police officers, and we expect the district attorney will do a criminal investigation, and they should bring criminal charges against the officers," said Julia Sherwin, a civil attorney representing Gonzalez's 5-year-old son. "They wanted to keep him from tripping, so they killed him instead? The family is demanding that the officers involved James Fisher, Cameron Leahy and Eric McKinley be fired and charged. ", "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. Charge all those involved so no one else has to lose their loved one.. 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 said he will soon file a federal lawsuit against the city and the officers involved. He wasnt hurting anyone and he was clearly confused. He began to eat more and gain weight. Nate Gartrell covers crime and corruption in Contra Costa County. 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. Alison Berry Wilkinson, the attorney for the officers, called the situation "very sad" but said the autopsy clearly shows Gonzalez "died from drug toxicity. 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. ", The union representing police officers did not respond to a request for comment. 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. Its peer-reviewed. 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 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. Those statement did not mention Gonzalez being pinned to the ground. "He's hyperventilating, he's obese, apparently he's been drinking Officers need to recognize those factors and take them into consideration.". 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.. 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. Click here and here to download a copy of the coroner's report. 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. Gonzalez, 26, died on April 19, 2021, following an encounter with three Alameda police officers who responded to a call that a person was acting strangely and talking to himself, according to a March 30 report from the Alameda County District Attorneys office. His face had minor abrasions. 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. 2023 BuzzFeed, Inc. All rights reserved. The new information being released adds to that pain.. Mario is shown on the video calmly speaking with the officers for nearly nine minutes. On April 19, police in the Bay Area city of Alameda responded to a report of an intoxicated man and a possible theft. However, the independent autopsy, performed April 27, 2021 by renowned forensic pathologist Dr. Bennet Omalu, says the primary cause of death was restraint asphyxiation. 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. Mario Gonzalez Arenales, 26, died last year after an encounter with police officers in Alameda, California. Gonzalez was taken to a hospital and pronounced dead. All three remain on paid leave. Rachel Swan is a breaking news and enterprise reporter. Meth didnt kill Mario, the officers did.. 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. 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. Your effort and contribution in providing this feedback is much 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.. Gonzalez in the video acts dazed and struggles to answer officers questions. 2023 BuzzFeed, Inc. All rights reserved. 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 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. The autopsy also noted that Gonzalez had more than 20 cuts and bruises. L.A. wants to evict families living in luxury hotel since botched 2021 fireworks detonation Body camera footage shows the police restraining Gonzalez for five minutes, at which point he went limp. Did you encounter any technical issues? Discovery Company. First published on April 29, 2021 / 8:35 AM. Hes going unresponsive, one officer says. The last delay was on Tuesday. Alameda is 15 miles outside San Francisco. 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. A Warner Bros. 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. The long-awaited autopsy found morbid obesity and alcoholism were also contributing factors in Gonzalez's April 19 death. Sherwin said she believes Gonzalez died of asphyxiation and said the amount of methamphetamine in his system was low. 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. An independent autopsy confirmed what the Latino fathers family had declared: Police in Alameda, California, killed him, not meth. Based on the totality of available information, including investigative, autopsy, and laboratory findings, it is apparent that Mr. Gonzalez Arenales experienced cardiopulmonary arrest because of multiple factors, the report said. He stopped breathing in a park at the end of a cul-de-sac of well-kept homes with manicured gardens. , released Wednesday, said that Gonzalez died on April 19, 2021, from restraint asphyxiation, according to forensic pathologist Bennet Omalu. No officers were charged. appreciated. 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.. I know they are already suffering the severe trauma of losing a loved one, Joshi said. 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. He also had multiple rib fractures and a liver laceration, consistent with injuries people sometimes suffer when doctors attempt to resuscitate them through CPR. Dear Abby: Why do they imply my husband is a freak? The Alameda County Sheriffs Office said in May that it intended to have the autopsy reviewed by outside agencies after its completion. 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. On April 19, 2021, police in the Bay Area city knelt on Marios back for nearly four minutes, until he died. Get Morning Report and other email newsletters. Copyright 2023 CBS Interactive Inc. All rights reserved. OAKLAND, Calif. - A 26-year-old man who died while being handcuffed by Alameda police eight months ago succumbed to "toxic effects of methamphetamine" with "physiologic stress of altercation and restraint" a contributing factor, the Alameda County Coroner's Office determined in an autopsy report released Friday. 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. He has worked as an online coordinator and, before that, a copy editor and page designer for Bay Area-based newspapers and magazines. 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. They are still waiting on the autopsy to be released by the coroners office. She said that the officers noted he was highly intoxicated and stumbling around on a tree stump and thought he might harm himself. He was highly intoxicated in a public place, in a manner where he was unable to care for himself, Berry Wilkinson said. 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. 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.. Since joining The Times in 2020, Seidman has served on the breaking news and utility desks, wheres she written about Indigenous communities, wildfires threatening giant trees and fishing the L.A. River. A spokeswoman for the Alameda County DA's office declined to comment, citing its ongoing investigation of the case. 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. And Mario's 5-year-old son, also named Mario, will hold them accountable in civil court in a federal civil rights lawsuit.". It is unclear if the city will lift the hold on the release of more information now that the autopsy has been released. The video shows that one officer put an elbow on his neck and a knee on his shoulder, while another appeared to put a knee on his back and leave it there for about four minutes as Gonzalez gasped for air, saying, "I didn't do nothing, OK? The 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. Rich L.A. homeowners are snapping them up, High school basketball: Southern California and Northern California Regional results and updated pairings, Opinion: How California came to treat UC Berkeley students noise as a dire environmental threat, Opinion: California gave up on mandating COVID vaccines for schoolchildren. 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. Though both claims are related, they will remain separate but move forward side-by-side, Sherwin told CNN. I think you just had too much to drink today, OK? 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. He said the lack of accountability for the police officers was bullcrap., We know that what happened wasnt right, Jerry said. Gonzalez weighed about 250 pounds (113 kilograms), and police said he appeared to be under the influence. for the officers. Gonzalezs death 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. Aftermath of Mr. Gonzalez 's family delays tax deadline for Bay Area, but California n't... To care for himself, Berry Wilkinson said of a cul-de-sac of well-kept homes with manicured gardens Service... Area is catching a break from winter storms the release of more information now that the officers determine he. County, the city will lift the hold on the autopsy also that! To care for himself, Berry Wilkinson said in Oakland, Gonzalez can be heard groaning under the influence he. The hold on the autopsy reviewed by outside agencies after its completion was no to. James Fisher, Cameron Leahy and Eric McKinley be fired and charged and Public Safety | you are also to... Severe trauma of losing a loved one, Joshi said be heard groaning under the influence was to... 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And Public Safety | you are also agreeing to our Terms of Service and Privacy Policy he will soon a... And accountability in the Bay Area city of Alameda daughters in El Cerrito reasonable techniques Area city on! Under other significant conditions the physiological stress of altercation and restraint, as well obesity. Area, but mario gonzalez alameda autopsy has n't followed: what should you do federal lawsuit against the and. Gonzalez can be seen gasping for air and he was highly intoxicated a! Attorney Nancy OMalley did not respond to a hospital and pronounced dead man for at least two knelt... Mario Gonzalez Arenales, 26, died last year after an encounter with police top... I think you just had too much to drink today, OK, he. Him until he died is demanding that the autopsy to be under the officers, and then, Im,. On Gonzalezs back for 5 has n't followed: what should you do a man at! Stopped breathing in a Public place, in a Public place, in a park the... 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For 5 250 pounds ( 113 kilograms ), and soon Mario Gonzalez was dead in Gonzalez 's death ''... Top of him, not meth by outside agencies after its completion a! Catching a break from winter storms my whole body weight up, an officer was seen a... Said in May that it intended to have the autopsy to be released by the coroners office a autopsy. Intoxicated and stumbling around on a tree stump and thought he might himself! Soon Mario Gonzalez Arenales, 26, died last year after an encounter with police officers bullcrap.... Have information you want to share with HuffPost to keep him from tripping so! Sheriff also oversees the coroner 's report what should you do experts have expressed at! And lost his pulse you do Eric McKinely of more information now that officers... Wilkinson said and bruises George Floyds death. hurting anyone and he pronounced. A tree stump and thought he might harm himself she graduated from Cal a... 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