2 Alameda officers accused in Mario Gonzalez manslaughter death have charges dismissed; judge says prosecution "rushed and careless"
Two of three Alameda police officers involved in the 2021 arrest of Mario Gonzalez which led to his death had manslaughter charges against them dismissed because the case extended beyond the statute of limitations.
On Monday, a judge agreed with attorneys for officers James Fisher and Cameron Leahy who argued that prosecutors missed the three-year statute of limitations to file charges. In his dismissal, Superior Court Judge Scott Patton cited what he called "the rushed and careless work by the District Attorney's office in filing this complaint."
"Given that the statute of limitations was set to expire on 4/19/24 at 11:59 p.m., the prosecutor's decision to proceed with a "Notice to Appear" (NTA) for arraignment on 5/20/24 in lieu of an arrest warrant, jeopardized the prosecution of this case by failing to ensure it was timely commenced within the statute pursuant to PC 804(d)," Patton said in his ruling.
Patton allowed manslaughter charges to remain against Officer Eric McKinley on a technicality, ruling that McKinley was in South Africa during the time the three-year statute of limitations had expired, which extended the deadline for filing charges.
On April 19, 2021, the 26-year-old Gonzalez was unarmed when the officers pinned him to the ground after responding to calls of a man acting oddly near a park. Officer body camera footage showed at least one officer pressing his elbow and knee into Gonzalez's back and shoulders as he cried out for help. Officer continued to pin Gonzalez to the ground until he went limp and died.
The body cam footage of the incident gained national attention in the wake of the murder of George Floyd. A coroner's report ruled the cause of death was a combination of drugs along with the physical stress of the altercation with officers.
The ruling comes at a time when Alameda County District Attorney Pamela Price is facing a recall campaign by groups critical of her approach to prosecuting alleged criminals.
In a statement, the District Attorney's Office said in response to the ruling: "It is unfortunate that all three defendants will not be held accountable for their alleged roles in the death of Mario Gonzalez. It is important to note that the court's decision was not made based on any lack of merit. Our prosecutors will proceed to file an amended complaint against Officer McKinley."
In April 2022, then-District Attorney Nancy O'Malley announced she would not prosecute the officers after a report from her office found the officers acted reasonably in detaining and arresting Gonzalez and were "not criminally liable." In April of this year, Price announced plans by her office to charge the officers with involuntary manslaughter.
The City of Alameda has already reached two separate settlements with the Gonzalez family in connection with the death. Members of the Gonzalez family said they will appear at a rally before the next court hearing at 8 a.m. Friday at the Wiley Manuel Courthouse in Oakland.
