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 Caution: It is graphic. 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. A spokesperson for the sheriff, Lt. Ray Kelly, said the office stands by the corners report. Gonzalez is heard in the video telling officers, I didnt do nothing, OK?, Shortly before Gonzalez stops breathing, one officer asks the other, Think we can roll him on his side?, but the other answers, I dont want to lose what I got, man., Another officer then asks, We got no weight on his chest?, then repeats, No! The case has sparked outrage in the community. 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. 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. A man died after being restrained by police in California. Crime and Public Safety | Video Shows Police Kneeled On Mario Gonzalez's Back For 5 .. 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.. 2021 CBS Interactive Inc. All Rights Reserved. Experts have expressed shock at his death, 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. Our family needs answers: Relatives call for swift transparency in mans death during arrest by Alameda police 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. 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. Gonzalez can be seen gasping for air and he was pronounced dead after he was taken to the hospital. At least one officer kneeled on his back for nearly five minutes until Gonzalez became unresponsive. They are still waiting on the autopsy to be released by the coroners office. Fugitive in $18 million COVID fraud scheme extradited to U.S. Related Articles A statement issued Friday by Alameda police Chief Nishant Joshi says the officers will remain on leave until the investigation is over. 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. 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. 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. Mario Gonzalez Died Of 'Restraint Asphyxiation' By Police, New Autopsy Finds An independent autopsy confirmed what the Latino fathers family had declared: Police in "We need justice because we lost someone who was indispensable to our family," Gonzalez's mother told CBS stationKPIX-TVlast week. 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. 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. Off work, he enjoys playing in bands, busking and karaoke. 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. I think you just had too much to drink today, OK? Part of HuffPost Politics. 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 cause of Gonzalezs death was the toxic effects of 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 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. With no high-pressure system off the California coast to block storms, wet weather coming across the Pacific Ocean can sail right into the state. Gonzalez, who complied with officers attempts to converse, appeared disoriented in a video later released. Gonzalez was taken to a hospital and pronounced dead. 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. 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.". The Alameda County Sheriffs Office has not completed the autopsy but has already asked pathologists from outside areas to do a peer review of its autopsy once completed. The law firm also announced an online fundraising campaign on behalf of Cortez and Gonzalezs son. No weight no weight.. At least one officer kneeled on his back for nearly five minutes until Gonzalez became unresponsive. Gonzalez's mother, who lost another son two years ago, turned 45 the day after Mario died, his brother said. Crime and Public Safety | All Rights Reserved. Published for the officers. 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. The city said Civilian Parking Enforcement employee Charlie Clemmens was also involved. Its been a long year, just the way weve been treated by the legal process., My brother was a human, he added. The Associated Press contributed to this report. 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. 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. Interim Police Chief Randy Fenn told KTVU-TV said the video was "troubling" and offered his condolences to Gonzalez's family. HuffPost's top politics stories, straight to your inbox. CNNs Stella Chan contributed to this report. The family also wants the California Department of Justice to investigate the police departments handling of the case. 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. The last delay was on Tuesday. We are struggling with these daily routines while carrying the burden of grief.. 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. "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. At least two officers knelt on him until he stopped breathing and lost his pulse. After learning his name, the officer adds, Mario, just please stop fighting us.. Mario Gonzalezs family is still grieving without answers more than six months after the young Latino father died when police in Alameda, California, kneeled on his back for nearly five minutes. Email: rswan@sfchronicle.com Twitter: @rachelswan. His family said officers unnecessarily escalated what should have been a minor, peaceful encounter with the unarmed man. 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. Nearly eight months after 26-year-old Mario Gonzalez died at the hands of police in Alameda, California, the county coroners office released a report ruling the Latino fathers death a homicide. In Alameda County, the sheriff also oversees the coroner's office. The family has not gotten any updates from officials in months, according to the familys attorney. Previously, she covered City Hall for Glendale News-Press, then part of Times Community News. 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. Thats all, the officer says. Paramedics rushed him to Alameda Hospital, where he arrived in cardiac arrest, not breathing, with no pulse, according to the report. Sherwin said she believes Gonzalez died of asphyxiation and said the amount of methamphetamine in his system was low. 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.". , released Wednesday, said that Gonzalez died on April 19, 2021, from restraint asphyxiation, according to forensic pathologist Bennet Omalu. April 19, 2021. Crime and Public Safety | Autopsy finds Mario Gonzalez died from meth, police restraint in Alameda struggle By Lisa Fernandez and Evan Sernoffsky Published December 10, 2021 Updated "Policeare not allowed to arrest people to keep from tripping," Sherwin said at the time. 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.". / CBS/AP. Heres what first half of March looks like. You are also agreeing to our Terms of Service and Privacy Policy. 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, 26, died after Alameda Police Department officers pinned him to the ground face-down and restrained him for several minutes on April 19, 2021. 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. 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. Alameda police pinned down Mario Gonzalez. In this image taken from Alameda Police Department body-camera video, officers pin Mario Gonzalez to the ground during an arrest on April 19, 2021, in Alameda, Calif. Do Not Sell or Share My Personal Information, Before and after photos from space show storms effect on California reservoirs, Dramatic before and after photos from space show epic snow blanketing SoCal mountains, The chance of a lifetime: Five friends ski the tallest mountain in Los Angeles, Best coffee city in the world? hide caption. Heres how. Then the cops put Marios hands behind his back and pinned him facedown. 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. 2023 BuzzFeed, Inc. All rights reserved. All Access Digital offer for just 99 cents! The officers who restrained Gonzalez, James Fisher, Cameron Leahy, and Eric McKinley, remain on administrative leave while the investigation continues, city of Alameda spokeswoman Sarah Henry told KTVU. Body camera footage shows the police restraining Gonzalez for five minutes, at which point he went limp. They broke my family for no reason.. 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. "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.". Do you have information you want to share with HuffPost? A week after Gonzalezs death, the city identified the officers placed on leave as James Fisher, Cameron Leahy and Eric McKinely. But it won't last long. "They never wanted to take him to the ground,"Wilkinson said at the time. An altercation occurred, an officer was seen pinning a man for at least four minutes, and soon Mario Gonzalez was dead. 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. Then the cops put Marios hands behind his back and pinned him facedown. One officer puts his knee on Gonzalezs back for four minutes or more. Email Lisa atlisa.fernandez@fox.comor call her at510-874-0139. "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. Crime and Public Safety | 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.. The Alameda Sheriffs Office and the Alameda County District Attorneys Office are investigating the case, and the city also brought in an outside firm. Mario is shown on the video calmly speaking with the officers for nearly nine minutes. But he questioned the coroners finding that methamphetamine was the main cause of Gonzalezs death. "Theres nothing in the report that any of the techniques used by the officers were unreasonable or excessive. April 29, 2021 / 8:35 AM The new information being released adds to that pain.. By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. In April, police in Alameda, California, kneeled on Mario Gonzalezs back for nearly five minutes before he died. This, in our view, is an unintended, unexpected death from the use of proper training and accepted techniques in the law enforcement industry.. Hes lifting my whole body weight up, an officer tells his colleague. Colorado cop shot and killed unarmed man at point-blank range after struggle outside middle school, video shows Hes respectful, all the time, Marios mother, Edith Arenales, said. Experts have expressed shock at his death, questioning why the officers pinned him when he appeared to pose no imminent threat. In the department's first announcement about Gonzalez's death, policeoriginallytold the public that hehad died of a "medical emergency" after a "scuffle" with police. By Sarah Ruiz-Grossman Apr 27, 2022, 08:56 PM EDT CNN Sans & 2016 Cable News Network. According to the toxicology report released, Gonzalez had .9 milligrams of meth per liter in his system. The three officers remain on paid administrative leave, according to the city of Alameda. His death was ruled a homicide but also linked to health and drug use, Oakland leaders are scrambling to tackle violence and attract police officers. "There was no reason to detain him, let alone kill him. Alameda police approached Gonzalez in a small park in the 800 block of Oak Street near Park Street and Otis Drive after residents called 911, describing a man talking strangely and smashing a bottle on a tree stump. Gonzalez died hours before the case against former Minneapolis police Officer Derek Chauvin went to the jury. Meth didnt kill Mario, the officers did., Earlier this month, the Alameda County district attorney announced. 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 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. I agree with the sheriff-coroner that it is a homicide. 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. And lost his pulse his brother said and Eric McKinely case against former police! Can be seen gasping for air and he was taken to a hospital and pronounced dead he... 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