UPDATE: No Criminal Charges In Alameda Custody Death Of Mario Gonzalez
ALAMEDA (CBS SF/AP) -- No criminal charges will be filed against the Alameda police officers who pinned Mario Gonzalez to the ground during an arrest a year ago that ended in his death, the Alameda County district attorney's office has announced.
Three officers acted reasonably in detaining and arresting Gonzalez and "are not criminally liable," according to a March 30 final in-custody death report from the DA's office that was made public on Thursday.
On April 19, 2021, officers responded to an Alameda park to check reports that Gonzalez, 26, was acting strangely and appeared to be breaking security tags off alcohol bottles that he had in two drugstore baskets.
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Gonzalez died after three officers and a civilian parking enforcement employee pinned him face-down on the ground for more than five minutes, according to body camera video released by police that showed one officer with a knee on his back. Gonzalez stopped breathing and later died.
His death came a day before a jury in Minneapolis found former police officer Derrick Chauvin guilty of murder in the custody death of George Floyd.
An autopsy found that Gonzalez didn't have any lethal injuries but he did have a number of health problems, including morbid obesity and an enlarged heart, and had methamphetamine and other drugs in his system. The meth could have led to a fatal cardiac arrhythmia and the stress of struggling and being detained by police could have put strain on his heart, the county Coroner's Bureau found.
The coroner classified the death as a homicide, meaning death at the hands of another. However, the cause was listed as the toxic effects of methamphetamine with "the stress of altercation and restraint," alcoholism and morbid obesity as contributing factors.
The district attorney's review said the officers acted reasonably out of concern that Gonzalez might pose a threat to them and to himself and others, tried to "deescalate" the situation, never struck Gonzalez or used any a chokehold or weapons but relied on "necessary" force.
"I want to acknowledge the pain and concerns in our community over the killing of Mr. Gonzalez," District Attorney Nancy O'Malley said in a statement released Friday. "This is true any time a situation involving police officers ends with the death of another. My sincere condolences go out to the family of Mr. Gonzalez at the time of his death and during this difficult time."
"Analyzing facts and assessing the laws in cases where an individual is killed are taken with the most serious attention," she continued. "We realize the impact of any decision. However, the decision must be one based on the integrity of the responsibility and legal process. Politics cannot enter into any decision."
"My office, and my team, including myself, worked very hard on the review of the case that resulted in Mr. Gonzalez' death. After a thorough, extensive and independent investigation by my Office, the evidence does not prove beyond a reasonable doubt that the officers broke any laws."
Two federal civil rights lawsuits filed on behalf of Gonzalez's mother and son allege that the officers improperly escalated the confrontation with Gonzalez, who appeared "disoriented and confused" but not threatening, ignored signs that he was dying and used improper restraint that asphyxiated him.
In its report, the district attorney's office noted that it didn't consider whether the officers may have violated Police Department policy or used improper but noncriminal tactics.
"Those issues are sometimes determined by a civil action" where the standard of proof is lower than for criminal cases, the report said.
