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Attorneys for Alameda police officers charged in Mario Gonzalez death want case thrown out

Hearing to decide on charging Alameda police officers in Mario Gonzalez case continued
Hearing to decide on charging Alameda police officers in Mario Gonzalez case continued 01:12

Attorneys for the Alameda police officers charged in the death of Mario Gonzalez during an arrest in 2021 were back in court Friday, asking the judge to throw out the case.

Attorneys for the officers said prosecutors missed the three-year statute of limitations to file charges. 

The Gonzalez family and their supporters along with police reform advocates rallied outside the Alameda County Courthouse ahead of Friday's hearing. However, according to the Alameda County District Attorney's office, no decision was made and the hearing was continued to Oct. 11, 2024.

Police Custody Death
In this image taken from Alameda Police Department body camera video, Alameda Police Department officers attempt to take 26-year-old Mario Gonzalez into custody, April 19, 2021, in Alameda, Calif. The video goes on to show officers pinning Gonzalez to the ground during the arrest that ended in his death.  AP

26-year-old Gonzalez was unarmed when several Alameda police officers pinned him to the ground while responding to calls reporting a man acting oddly near a park.

At least one officer appeared to press their elbow and knee into Gonzalez's back and shoulders as he cried out for help. Officers pinned him to the ground until he went limp and died.

Police bodycam video that was released days later showed Gonzalez gasping and crying out as officers pressed their body weight on his back, neck and shoulder, including one officer pressing his knee for several minutes in Gonzalez's back.  

coroner's report indicated the cause of death was a combination of drugs along with the physical stress of the altercation with officers.

The body cam footage of the incident gained national attention in the wake of the murder of George Floyd. 

While then Alameda County District Attorney Nancy O'Malley announced that she would not criminally prosecute the officers in April of 2022, earlier this year, DA Pamela Price announced plans to charge the officers with involuntary manslaughter

In December of last year, city of Alameda announced that they have reached two separate settlements with the Gonzalez family in connection with the death.

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