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. 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. Police said Gonzalez died later at the hospital, but the video shows Gonzalez stopped breathing on site and one officer declaring no pulse as officers began CPR. 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 The officers, as they seek to restrain him, repeatedly ask Gonzalez for his full name and birth date. The case has sparked outrage in the community. In statements Wednesday, a Gonzalez lawyer and family member further decried police actions that led to his death. That was their fatal mistake, experts said. After learning his name, the officer adds, Mario, just please stop fighting us.. Interim Police Chief Randy Fenn told KTVU-TV said the video was "troubling" and offered his condolences to Gonzalez's family. 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. She said she plans to file a federal civil lawsuit. A Warner Bros. 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. Alameda Police officers James Fisher, Cameron Leahy and Eric McKinley the officers who struggled with Gonzalez before his death remain on paid administrative leave. Local residents called 911 on Gonzalez after he seemed dazed and intoxicated, but not threatening or violent, in a public park. One officer puts his knee on Gonzalezs back for four minutes or more. The county coroners office had classified the death of Mario Gonzalez Arenales as a homicide and pointed to the toxic effects of methamphetamine as the leading cause.. "There was no reason to detain him, let alone kill him. In a case that drew national attention and comparisons to the murder of George Floyd an autopsy report released Friday for a California man who died in April after being restrained by police identifies his manner of death a homicide but cites methamphetamine toxicity as the leading cause. Heres what the first half of Is Californias drought finally over? Previously, she covered City Hall for Glendale News-Press, then part of Times Community News. Thats all, the officer says. 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 The police should have known to use better tactics with Mario. The footage from the Alameda Police Department shows the man, Mario Arenales Gonzalez, becoming unresponsive while in handcuffs and police officers quickly By Sarah Ruiz-Grossman Apr 27, 2022, 08:56 PM EDT "Mario was a noble and decent man who didn't deserve to have his life ended in this way.". At least one officer kneeled on his back for nearly five minutes until Gonzalez became unresponsive. 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. 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. Published 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. 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. Crime and Public Safety | 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. 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. Its been a long year, just the way weve been treated by the legal process., My brother was a human, he added. HuffPost's top politics stories, straight to your inbox. Related Articles Crime and Public Safety | In Alameda County, the sheriff also oversees the coroner's office. The state DOJ told HuffPost that it is their understanding that the case is being handled at the local level.. 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. 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. All Access Digital offer for just 99 cents! 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. Feds drop felony gun case days after defense argued SFPD illegally arrested, searched defendant 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. Crime and Public Safety | , but the video shows Gonzalez stopped breathing on site and one officer declaring no pulse as officers began CPR. 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. We are struggling with these daily routines while carrying the burden of grief.. The decision to detain and arrest Gonzalez was supported by reasonable suspicion and probable cause, but it was also supported by officer safety reasons, District Attorney Nancy OMalleys report says. 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. 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. Then officers can be seen putting Gonzalezs hands behind his back and pinning him facedown. 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. In an autopsy report released Friday, chief forensic pathologist Vivian Snyder categorized Gonzalezs death as a homicide, while citing other factors, including An altercation occurred, an officer was seen pinning a man for at least four minutes, and soon Mario Gonzalez was dead. The family also wants the California Department of Justice to investigate the police departments handling of the case. Crime and Public Safety | One officer seems to put an elbow on his neck and a knee on his shoulder. Gonzalez family: Police body-worn camera footage shows what we alreadyknew 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. However, the independent autopsy, performed April 27, 2021 by renowned forensic pathologist Dr. Bennet Omalu, says the primary cause of death was restraint asphyxiation. Your effort and contribution in providing this feedback is much Dec 13, 2021, 05:41 PM EST. The lawsuit cites a report released last week by the Alameda county coroners bureau that said the 19 April death of Mario Gonzalez was a homicide. Mario is shown on the video calmly speaking with the officers for nearly nine minutes. 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. Caution: It is graphic. 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. Please dont do it, Gonzalez says at one point, and then, Im sorry, followed by screams and groans. They began CPR and called for medical assistance. Accordingly, the department has again determined that the public interest in non-disclosure clearly outweighs the public interest in disclosure.". 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. 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. During the interaction with law enforcement agents, he was face-down on the ground (prone) with his hands handcuffed behind his back, and at times the officers were applying pressure to his torso and legs with at least some of the weight of their bodies. 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. The initialpress releasefrom the Alameda Police said that officers attempted to detain Gonzalez, and a "physical altercation ensued." "Here it's pretty obvious this individual is suffering from compression restraint asphyxia," Obayashi said. You are also agreeing to our Terms of Service and Privacy Policy. Mario is shown on the video calmly speaking with the officers for nearly nine minutes. He also holds a AA degree in journalism from Contra Costa College (San Pablo). CNNs Stella Chan contributed to this report. Sarah Ruiz-Grossman. 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 APD took a calm situation and made it fatal.". Fugitive in $18 million COVID fraud scheme extradited to U.S. The new information being released adds to that pain.. All Access Digital offer for just 99 cents! This material may not be published, broadcast, rewritten, or redistributed. 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. Gonzalez had a 4-year-old son, also named Mario, and was the main caretaker of his brother, who has autism and turned 23 on Tuesday, his family said. Born in Berkeley, she graduated from Cal with a degree in rhetoric and is now raising two daughters in El Cerrito. 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. During last year's COVID shutdown, Gonzalez lost his job cooking inanItalian restaurant that went out of business during the shutdown. All Rights Reserved. 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. 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. 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. State storms arent letting up. 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. 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. According to the toxicology report released, Gonzalez had .9 milligrams of meth per liter in his system. , released Wednesday, said that Gonzalez died on April 19, 2021, from restraint asphyxiation, according to forensic pathologist Bennet Omalu. Ray Kelly said. The independent autopsy found that, if not for his asphyxial brain injury, Mr. Gonzalez, more likely than not, would not have died. It noted that most people who take methamphetamine do not die of it and that the meth in this case was not the underlying cause of death. As the coroners report found, this autopsy also confirmed that the manner of death was homicide. The cause of Gonzalezs death was the toxic effects of Mario Gonzalez died after three officers and a civilian employee pinned him face down on the ground for more than five minutes. No officers were charged. She said that the officers noted he was highly intoxicated and stumbling around on a tree stump and thought he might harm himself. Police Chief Nishant Joshi extended condolences to Gonzalezs family in a statement. Its a video that has drawn comparison to that of the George Floyd killing. 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. 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. 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. 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. This individual is suffering from compression restraint asphyxia, '' Obayashi said, said that the manner of death homicide! And is now raising two daughters in El Cerrito Crime and public Safety | in Alameda County, Department! Had.9 milligrams of meth per liter in his system related Articles and! Drought finally over released adds to that of the George Floyd killing Berkeley, graduated. 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