City of Alameda settles with family of Mario Gonzalez after 2021 police custody death
Officials with the city of Alameda on Thursday announced that they have reached two separate settlements with the family of Mario Gonzalez, the man who died in police custody in 2021.
Officers were sent at 10:37 a.m. on April 19, 2021 to the 800 block of Oak Street following 911 calls. Alameda police officers Eric McKinley, James Fisher, and Cameron Leahy found Gonzalez and struggled to detain him as a suspect in a possible theft after he was unable to provide identification.
During the struggle, Gonzalez went unconscious and was later pronounced dead. Gonzalez's death was classified as a homicide by the Alameda County Coroner's Office. However, no criminal charges were filed against the officers in accordance with the Alameda County District Attorney's Office in August of last year.
The press release stated that Alameda had reached the settlements through its membership in the California Joint Powers Risk Management Authority (CJPRMA).
One of the settlements announced by the city relates to the lawsuit filed on behalf of Gonzalez's five-year-old son against the City of Alameda and the three Alameda police officers involved in his in-custody death.
The lawsuit claimed Gonzalez's constitutional rights and other rights were violated Alameda police reported at the time that Gonzalez, who appeared to be under the influence, suffered a medical emergency.
According to the complaint, the officers used "excessive and unnecessary force and tactics ... subjecting him to asphyxiating restraint and unwarranted deadly force, resulting [in] his death."
The release said the first settlement would pay $11 million to the estate/son of Mario Gonzalez. The second settlement would pay $350,000 to Gonzalez's mother.
"The separate settlement agreements with the estate of Mr. Gonzalez and Mr. Gonzalez's mother, both of which are in the process of being finalized, are expected to provide that payment shall fully and forever discharge and release all claims and causes of action," the statement read.