Dec 20, 2024
(KRON) -- The Mario Gonzalez death case took another dramatic turn on Friday when prosecutors announced dropping manslaughter charges against all Alameda Police Department officers who pinned Gonzalez face-down to the ground and his heart stopped beating. "The decision to dismiss the involuntary manslaughter charge against Officer (Eric) McKinley was the direct result of inconsistent statements made under penalty of perjury by Dr. Bennett Omalu. Dr. Omalu was the forensic pathology expert on cause of death for the family of Mario Gonzalez," the Alameda County District Attorney's Office wrote Friday. On April 19, 2021, a neighbor who lived next to a small park on Oak Street called 911 to report that a man was outside acting strange and scary. APD police officers Eric McKinley, James Fisher, and Cameron Leahy detained Gonzalez in the park. The 26-year-old man was suspected of being drunk in public, possessed bottles of stolen alcohol, and failed to show identification. Officers pinned him to the ground and restrained him for several minutes before they realized that his heart had stopped beating. VIDEO: Body camera video shows officers pinning Gonzalez on ground The victim's family’s attorney, Julia Sherwin, said Gonzalez’s death, "would feel like drowning on dry land for him." Gonzalez died from multiple causes, primarily, “toxic effects of methamphetamine” in his blood, forensic pathologist Dr. Vivian Snyder concluded. In 2022, former district attorney Nancy O’Malley said none of the three officers would face charges and they were cleared of criminal wrongdoing. A report released under O'Malley's administration in 2022 stated, "Mr. Gonzalez was lying face down with Officer McKinley and Officer Fisher struggling on top of him to get his arms behind his back and into handcuffs." Officer Leahy also held Gonzalez on the ground by restraining his legs. When former district attorney Pamela Price took over in 2023, one of her first priorities was to reopen the Gonzalez death case and file involuntary manslaughter charges against the three officers. Price was booted from her position by voters in November and her last day in office was December 5. A judge dismissed all charges against officers Fisher and Leahy in October. Officer McKinley's charges were dropped on Friday under interim DA Royl Roberts. Mario Gonzalez The district attorney's office explained in a statement, "The decision to dismiss the involuntary manslaughter charge against Officer McKinley was the direct result of inconsistent statements made under penalty of perjury by Dr. Bennett Omalu." The statement continued, "Dr. Omalu was the forensic pathology expert on cause of death for the family of Mario Gonzalez in their civil case. The initial autopsy was conducted by the Alameda County Coroner, and three of their forensic pathologists opined that the cause of death was 'toxic effects of methamphetamine.' Dr. Omalu, on the other hand, performed the second autopsy and opined that the cause of death was 'restraint asphyxiation.' Dr. Omalu wrote and signed a declaration under penalty of perjury that was inconsistent with his sworn deposition in the civil case. Multiple key inconsistencies by this now hostile yet necessary witness led the People to conclude they could not meet their burden of proving Officer McKinley committed involuntary manslaughter beyond a reasonable doubt. The People dismissed the involuntary manslaughter charge against Officer Eric McKinley." Gonzalez is survived by a 6-year-old son, who is also named Mario. Civil rights attorney Adante Pointer represented Gonzalez’s family for a wrongful death lawsuit that resulted a $11 million settlement last year. Pointer said Gonzalez was guilty of no crime other than being suspicious to someone.
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