Police Chief Nishant Joshi extended condolences to Gonzalezs family in a statement. His family said officers unnecessarily escalated what should have been a minor, peaceful encounter with the unarmed man. 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. 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.. Sherwin said she believes Gonzalez died of asphyxiation and said the amount of methamphetamine in his system was low. Soon after a second officer, James Fisher, confirmed with a local drugstore that the alcohol Gonzalez had with him hadnt been stolen from there, both officers attempted to detain Gonzalez before pinning him to the ground and handcuffing his hands behind his back, while a third officer, Cameron Leahy, joined them. The 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? Moreover, officers are trained to take particular care with those like Gonzalez who may be especially vulnerable because of their body weight, intoxication or other factors, said Ed Obayashi, a use-of-force consultant to law enforcement agencies and a deputy sheriff and legal adviser for the Plumas County, California, sheriff's office. It is a sad day when political expediency and obvious conflicts of interest seemingly outweigh the principles of equal justice under the law as it has in the death (of) Mario and far too many other men, women and children killed by police, Pointer said. Body camera footage shows the police restraining Gonzalez for five minutes, at which point he went limp. According to the toxicology report released, Gonzalez had .9 milligrams of meth per liter in his system. All three remain on paid leave. They are still waiting on the autopsy to be released by the coroners office. The autopsy also noted that Gonzalez had more than 20 cuts and bruises. 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. 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.. You are also agreeing to our Terms of Service and Privacy Policy. Photo: Lisa Fernandez. They are still waiting on the autopsy to be released by the coroners office. In an autopsy report released Friday, chief forensic pathologist Vivian Snyder categorized Gonzalezs death as a homicide, while citing other factors, including His family said he was also the main caregiver for his autistic brother, Efrain. She said she plans to file a federal civil lawsuit. 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. ""Video only tells part of the story, so we need the entire investigation to understand whether or not the actions were legal, consistent with training and within policy.". James Fisher, Cameron Leahy and Eric McKinley be fired and charged. Or follow her on Twitter @ljfernandez. By. Alison Berry Wilkinson, the attorney for the officers, called the situation "very sad" but said the autopsy clearly shows Gonzalez "died from drug toxicity. Gonzalez, who complied with officers attempts to converse, appeared disoriented in a video later released. 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. Our family needs answers: Relatives call for swift transparency in mans death during arrest by Alameda police Gonzalez in the video acts dazed and struggles to answer officers questions. 2023 Cable News Network. After learning his name, the officer adds, Mario, just please stop fighting us.. County officials dispute that characterization. Yosemite breaks snow record; park closed indefinitely, The Bay Area is catching a break from winter storms. Updated to include drought zones while tracking water shortage status of your area, plus reservoir levels and a list of restrictions for the Bay Areas largest water districts. The encounter happened a day before former Minneapolis police officer Derek Chauvin was convicted of murder in George Floyds death and it came against the backdrop of the police killing of Adam Toledo, a 13-year-old boy in Chicago. of Gonzalezs death, his younger brother, Jerry, spoke to a crowd of dozens of mourners in the park where he was killed. The release of the autopsy report is the latest development in the controversial death, which almost immediately drew protests and comparisons to the murder of George Floyd by Minneapolis police. 2. 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. Its been a long year, just the way weve been treated by the legal process., My brother was a human, he added. Video Shows Police Kneeled On Mario Gonzalez's Back For 5 .. The independent autopsy confirms what we all saw with our own eyes. 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, 26, died April 19, 2021, as he was being restrained outside 802 Oak St. in Alameda. 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. IRS delays tax deadline for Bay Area, but California hasnt followed: What should you do? 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. 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. "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. No officers were charged. 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.. After Oakland man dies in custody, Alameda looks at possible changes in policing 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. All Access Digital offer for just 99 cents! Then the cops put Marios hands behind his back and pinned him facedown. His first newspaper job was as a Washington Post paperboy. Lisa Fernandez and Evan Sernoffsky are reporters forKTVU. 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. 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. The police should have known to use better tactics with Mario. 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. He is a graduate of Bowie State University in Maryland with a BS degree in communications. 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 Alameda Sheriffs Office and the Alameda County District Attorneys Office are investigating the case, and the city also brought in an outside firm. Caution: It is graphic. 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. Nearly four minutes after he was cuffed, Gonzalez became unresponsive, the report says. Hes a lovely guy. "He's hyperventilating, he's obese, apparently he's been drinking Officers need to recognize those factors and take them into consideration.". Sherwin is preparing a federal civil rights lawsuit. Police said that Gonzalez then had a "medical emergency. I agree with the sheriff-coroner that it is a homicide. 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. However, the independent autopsy, performed April 27, 2021 by renowned forensic pathologist Dr. Bennet Omalu, says the primary cause of death was restraint asphyxiation. 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. 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. The case has sparked outrage in the community. Email Lisa atlisa.fernandez@fox.comor call her at510-874-0139. Heres the latest plan, Track water shortages and restrictions across Bay Area. And Mario's 5-year-old son, also named Mario, will hold them accountable in civil court in a federal civil rights lawsuit.". 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 two autopsy reports do agree that the manner of Gonzalezs death was homicide, or death at the hands of another person, a legal classification that does not necessarily lead to a murder or manslaughter charge. It was not clear Friday if that had taken place. The Alameda County coroners office is conducting an autopsy. 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, in Alameda, Calif. Gonzalez stopped breathing during the arrest and was pronounced dead at a hospital. Get Morning Report and other email newsletters. Dear Abby: Why do they imply my husband is a freak? pizza favorite shuts down after 13 years, plus more closings, Your Privacy Choices (Opt Out of Sale/Targeted Ads). 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. State storms arent letting up. The civil litigation filed by Gonzalezs family is ongoing and the the Citys legal team is committed to defending the City in the pending litigation, Sarah Henry, public information officer for the City of Alameda told CNN in a statement. Attorneys for the family of Mario Gonzalez, a Latino man who died after an Alameda officer put a knee on his back and neck for more than four minutes, are asking the And like so many others, he hadn't been able to find work since then. "We often see in these cases of mechanical asphyxia or restraint asphyxia the pathologist attributing the death to methamphetamine," Sherwin says, adding, "It's not uncommon for a forensic pathologist to not have a very strong handle on the toxicology or the epidemiology of mass intoxication.". , family members and other loved ones gathered with candles for a vigil at the Alameda park where Mario died at age 26. from officials in months, according to the familys attorn. No officers were charged. Heres what the first half of Is Californias drought finally over? 2021 CBS Interactive Inc. All Rights Reserved. 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. Copyright 2023 CBS Interactive Inc. All rights reserved. One officer puts his knee on Gonzalezs back for four minutes or more. Crime and Public Safety | 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. 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. 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. The police killed my brother, in the same manner they killed George Floyd, his brother Gerardo Gonzalez told reporters Tuesday. Gonzalezs cause of death is not yet known. All three remain on paid leave. 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. "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. 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. And he needs to find his justice one way or another.. Then officers can be seen putting Gonzalezs hands behind his back and pinning him facedown. Related Articles One officer seems to put an elbow on his neck and a knee on his shoulder. 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. Hes lifting my whole body weight up, an officer tells his colleague. Charge all those involved so no one else has to lose their loved one.. In April, police in Alameda, California, kneeled on Mario Gonzalezs back for nearly five minutes before he died. 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. This is the video released by police. 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