Sherwin argues that is "a pretty low level of methamphetamine" that's comparable to or even lower than concentrations of the drug often seen in 'recreational' use of the drug. This, in our view, is an unintended, unexpected death from the use of proper training and accepted techniques in the law enforcement industry.. Crime and Public Safety | The three police officers and the civilian employee are on administrative leave. Dear Abby: Why do they imply my husband is a freak? Gonzalez, 26, died April 19, 2021, as he was being restrained outside 802 Oak St. in Alameda. They began CPR and called for medical assistance. "Theres nothing in the report that any of the techniques used by the officers were unreasonable or excessive. Gonzalez had a 4-year-old son, also named Mario, and was the main caretaker of his brother, who has autism and turned 23 on Tuesday, his family said. His mother is speaking up because other Latinos are dying, Arenales suit says officers put significant weight on his back, shoulders, neck, and legs for over five minutes in violation of generally accepted law enforcement standards, while Mr. Gonzalez struggled to breathe.. All four employees have now been interviewed by both the sheriff's and district attorney's investigators, the city said. ey. Nor was there a time when they were pressing down hard enough on his body to cause him not to breathe.". Gonzalez in the video acts dazed and struggles to answer officers questions. His family said he was also the main caregiver for his autistic brother, Efrain. An attorney for the officers said they did nothing wrong. The Associated Press contributed to this report. Alameda Police officers James Fisher, Cameron Leahy and Eric McKinley the officers who struggled with Gonzalez before his death remain on paid administrative leave. Were going to take care of you, OK, were going to take care of you, one officer tells him. In this case, one officer recognized the danger, asking shortly before Gonzalez stopped breathing if they should roll him on his side. Our family needs answers: Relatives call for swift transparency in mans death during arrest by Alameda police Ray Kelly said. Click here and here to download a copy of the coroner's report. Omalu adds that methamphetamine levels in Gonzalezs blood fell within recreational rather than life-threatening ranges and that alcohol levels were extremely low and did not contribute to his death.. I know they are already suffering the severe trauma of losing a loved one, Joshi said. Interim Police Chief Randy Fenn told KTVU-TV said the video was "troubling" and offered his condolences to Gonzalez's family. And while none of his family members knows exactly what Gonzalez was doing in Alameda that day, they said he often traveled therefor peace and quiet. The police killed my brother, in the same manner they killed George Floyd, his brother Gerardo Gonzalez told reporters Tuesday. That's utterly ridiculous. Then officers can be seen putting Gonzalezs hands behind his back and pinning him facedown. The city also acknowledged that there are simultaneous investigations into Gonzalez's death by the Alameda County District Attorneys Office, the Alameda County Sheriffs Office and the citys internal investigation remain active and open. Do you have information you want to share with HuffPost. His family said officers unnecessarily escalated what should have been a minor, peaceful encounter with the unarmed man. "There was no reason to detain him, let alone kill him. Heres what first half of March looks like. Your effort and contribution in providing this feedback is much Body camera footage shows the police restraining Gonzalez for five minutes, at which point he went limp. Mario Gonzalez Arenales, 26, died last year after an encounter with police officers in Alameda, California. "While we wait for the District Attorneys office to make their decision and with the knowledge of the coroners report, the city will work diligently towards completing its ongoing independent investigation and take appropriate action," Joshi said in his statement. James Fisher, Cameron Leahy and Eric McKinley be fired and charged. Alameda police have made public body cam footage showing officers pinning a man to the ground for more than five minutes during an arrest last week that ended in his death. Walking around with that level of meth, he wouldnt have dropped dead at that moment but for the force by police, Haddad said. Video Shows Police Kneeled On Mario Gonzalez's Back For 5 .. In an earlier interview, Wilkinson said that physical struggle was because Gonzalez resisted the officers, who she said never intended for the struggle to progress the way it did. But family members and civil rights activists stressed that he was not suspected of a serious crime and said there was no need to arrest him. appreciated. Most Californians can put off filing taxes until Oct. 16 but should they? He worried if he or his mother died who would take care of his brother Efrain, 23, who suffers from severe autism and is nonverbal. The video shows that one officer put an elbow on his neck and a knee on his shoulder, while another appeared to put a knee on his back and leave it there for about four minutes as Gonzalez gasped for air, saying, "I didn't do nothing, OK? "This is a clear-cut case of death at the hands of police officers, and we expect the district attorney will do a criminal investigation, and they should bring criminal charges against the officers," said Julia Sherwin, a civil attorney representing Gonzalez's 5-year-old son. "They wanted to keep him from tripping, so they killed him instead? He said the lack of accountability for the police officers was bullcrap., We know that what happened wasnt right, Jerry said. Previously, she covered City Hall for Glendale News-Press, then part of Times Community News. IRS delays tax deadline for Bay Area, but California hasn't followed: What should you do? Moreover, officers are trained to take particular care with those like Gonzalez who may be especially vulnerable because of their body weight, intoxication or other factors, said Ed Obayashi, a use-of-force consultant to law enforcement agencies and a deputy sheriff and legal adviser for the Plumas County, California, sheriff's office. The death of Mario Gonzalez should be a wake-up call for the city of Alameda, said LaDoris Cordell, a retired judge and former independent police auditor for the city of San Jose. , but the video shows Gonzalez stopped breathing on site and one officer declaring no pulse as officers began CPR. Meth didnt kill Mario, the officers did. At least two officers knelt on him until he stopped breathing and lost his pulse. But body camera video released shortly afterward, it was clear that Gonzalez was unarmed. OAKLAND, Calif. - A 26-year-old man who died while being handcuffed by Alameda police eight months ago succumbed to "toxic effects of methamphetamine" with "physiologic stress of altercation and restraint" a contributing factor, the Alameda County Coroner's Office determined in an autopsy report released Friday. Members of the Gonzalez family believe police used excessive force when they attempted to arrest him. Alameda Police "mishandled" the arrest of 26-year-old Mario Gonzalez last week and caused his death, according to the attorney representing the man's family. Gonzalez died April 19 after police pinned him to the ground for at least five minutes. Heres how. The long-awaited autopsy found morbid obesity and alcoholism were also contributing factors in Gonzalez's April 19 death. The death is under investigation by the Alameda County Sheriff's Department, the district attorney's office and a former San Francisco city attorney hired by Alameda to lead an independent probe. During the interaction with law enforcement agents, he was face-down on the ground (prone) with his hands handcuffed behind his back, and at times the officers were applying pressure to his torso and legs with at least some of the weight of their bodies. Experts have expressed shock at his death, Crime and Public Safety | With no high-pressure system off the California coast to block storms, wet weather coming across the Pacific Ocean can sail right into the state. California man who died in custody was restrained on his stomach for 5 minutes and lost consciousness, police body camera shows. ", "It was the toxic level of drugs not the actions of the officers," Berry Wilkinson said in an interview. They broke my family for no reason.. Separately, the Police Department is conducting an internal affairs probe into the altercation, and the district attorney is reviewing the case to determine whether to file criminal charges. Photo: Lisa Fernandez. An independent autopsy confirmed what the Latino fathers family had declared: Police in Alameda, California, killed him, not meth. Body camera footage, released later that month after an outcry from the family, showed officers approach Mario, alone in a park with bottles of alcohol nearby, after a neighbor called about someone being intoxicated. By Sarah Ruiz-Grossman Apr 27, 2022, 08:56 PM EDT The sheriffs office is also convening a cause and manner of death committee to review the case before releasing any findings, sheriff spokesman Sgt. Flying bug found at Walmart turns out to be rare Jurassic-era insect, Millions of Americans nearing retirement age with no savings, 1894 shipwreck found in Lake Huron, confirming "powerful, tragic story", minor confrontation with police led to his death, Chauvin was convicted of murder and manslaughter. Autopsy finds Mario Gonzalez died from meth, police restraint in Alameda struggle By Lisa Fernandez and Evan Sernoffsky Published December 10, 2021 Updated The officers approach to Mr Gonzalez detention and arrest and their use of force appeared reasonable under the circumstances, the report says. First published on April 29, 2021 / 8:35 AM. Charge all those involved so no one else has to lose their loved one.. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), Alameda County DAs new policy will reduce prison sentences through widespread elimination of sentencing enhancements, Mario Gonzalez died of restraint asphyxiation in Alameda police custody, independent autopsy says. Tom Cruise's 'ditching' of Suri showcased by Judd Apatow's 'co-parenting' joke, ex-Scientology exec says, Ask Amy: I feel guilty for not speaking up about my co-worker's activities, Ask Amy: I had a good reason not to tell my friend I was moving, Warriors 3 Things: Steve Kerr entered playoff mode before Golden State's win over Portland. An Alameda city spokesperson said Wednesday that the city had no additional comment beyond its statement earlier this month, acknowledging the district attorneys decision and saying it hoped the decision would move the citys independent investigation closer to an end. ", The video "presented a story that was really different," his brother, Jerry Gonzalez, told The Associated Press in an interview Wednesday. The second caller said Gonzalez was lingering in Scout Park at the corner of Oak and Powell streets, with what the caller suspected were stolen bottles of alcohol. Gonzalez, who complied with officers attempts to converse, appeared disoriented in a video later released. He also holds a AA degree in journalism from Contra Costa College (San Pablo). Four days after the incident, city officials hired Louise Renne of the Renne Public Law Group in San Francisco to launch an independent investigation. The epic California snowpack is inching toward record levels, Massive Tahoe avalanche 'engulfed' 3-story apartment building, city officials hired Louise Renne of the Renne Public Law Group in San Francisco, Opinion: The our city is broken and Im not gonna take it anymore screed, San Francisco is at its most unaffordable point in at least a decade, S.F. All Rights Reserved. The officers roll Gonzalez over and perform cardiopulmonary resuscitation, but he was later pronounced dead at a hospital. No weight no weight.. Mario Gonzalezs family is still grieving without answers more than six months after the young Latino father died when police in Alameda, California, kneeled on his back for nearly five minutes. Caution: It is graphic. 2021 CBS Interactive Inc. All Rights Reserved. Rachel Swan is a breaking news and enterprise reporter. Lila Seidman is a reporter for the Los Angeles Times yearlong initiative exploring various facets of mental health. ""Video only tells part of the story, so we need the entire investigation to understand whether or not the actions were legal, consistent with training and within policy.". The officers, as they seek to restrain him, repeatedly ask Gonzalez for his full name and birth date. ALAMEDA The death of an Oakland man who went unconscious while police held him to the ground was determined to be a homicide as a result of the altercation with officers, as well as methamphetamine use,and obesity, according to an autopsy made public this week. But he delayed those dreams to helphis mom with the bills and care for his younger brother who suffers from severe autism. of Gonzalezs death, his younger brother, Jerry, spoke to a crowd of dozens of mourners in the park where he was killed. In this image taken from Alameda Police Department body camera video, Alameda Police Department officers pin 26-year-old Mario Gonzalez to the ground during an arrest, April 19, in Alameda, Calif. Gonzalez stopped breathing during the arrest and was pronounced dead at a hospital. Hes a lovely guy. , released Wednesday, said that Gonzalez died on April 19, 2021, from restraint asphyxiation, according to forensic pathologist Bennet Omalu. Mario Gonzalez died after three officers and a civilian employee pinned him face down on the ground for more than five minutes. Gonzalez died hours before the case against former Minneapolis police Officer Derek Chauvin went to the jury. They did a tremendous job under difficult circumstances.". Published Once the officers had lawfully attempted to detain Mr. Gonzalez, he physically resisted their efforts the entire time until he ultimately became unresponsive, the district attorneys report says. Mario Gonzalez Died Of 'Restraint Asphyxiation' By Police, New Autopsy Finds An independent autopsy confirmed what the Latino fathers family had declared: Police in Alameda, California, killed him, not meth. Crime and Public Safety | One officer seems to put an elbow on his neck and a knee on his shoulder. "He's hyperventilating, he's obese, apparently he's been drinking Officers need to recognize those factors and take them into consideration.". ", The union representing police officers did not respond to a request for comment. And Mario's 5-year-old son, also named Mario, will hold them accountable in civil court in a federal civil rights lawsuit.". He added that he's "committed to full transparency and accountability into the tragic death of Mr. Gonzalez, and as soon as more information is available, we will continue to share it. Lisa Fernandez and Evan Sernoffsky are reporters forKTVU. Alameda police approached Gonzalez in a small park in the 800 block of Oak Street near Park Street and Otis Drive after residents called 911, describing a man talking strangely and smashing a bottle on a tree stump. Heres the latest plan, Track water shortages and restrictions across Bay Area. Alison Berry Wilkinson, the attorney for the officers, called the situation "very sad" but said the autopsy clearly shows Gonzalez "died from drug toxicity. The family has not gotten any updates from officials in months, according to the familys attorney. Then officers can be seen putting Gonzalezs hands behind his back and pinning him facedown. Email Evan atevan.sernoffsky@fox.comand follow him on Twitter @EvanSernoffsky. Internet personality Yo Pesci receives seven year sentence after flashing firearms on social media, Gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, Jury finds Bay Area man guilty of annoying or molesting a child, Convicted murderer charged in 1980 cold case slaying of woman found in rural Solano County, https://www.gofundme.com/f/justice-for-mario-gonzalez-and-his-only-son, East Bay lawmaker blasts open sore at BART, resigns from Senate committee, United Dumplings' fare in Rockridge 'meant to be enjoyed together', Walnut Creeks Shake Shack is finally opening this weekend, Three Bay Area men, including justice reform activist, plead guilty in Norteo RICO murder case. In their initial public statements, Alameda police described Gonzalezs death as a medical emergency. Grieving family members invoked George Floyd, the Minneapolis man whose murder by a former police officer set off a national reckoning over police violence against people of color. The last delay was on Tuesday. There were also reports that someone stole liquor bottles from a nearby store. The three officers remain on paid administrative leave, according to the city of Alameda. for the officers. "We don't even know the cause of death right now," he said. Gonzalez was taken to a hospital and pronounced dead. Therefore, the report concludes, the cause of death is the toxic effects of methamphetamine, with the physiologic stress of altercation and restraint, morbid obesity, and alcoholism contributing to the process of dying., Rachel Swan is a San Francisco Chronicle staff writer. Based on the totality of available information, including investigative, autopsy, and laboratory findings, it is apparent that Mr. Gonzalez Arenales experienced cardiopulmonary arrest because of multiple factors, the report said. ", Similarly, after the death of Floyd last year, the Minneapolis Police Department issued a news release saying that he had suffered "medical distress. He 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 this week by police amid three separate investigations. Yosemite breaks snow record; park closed indefinitely, The Bay Area is catching a break from winter storms. Soon after a second officer, James Fisher, confirmed with a local drugstore that the alcohol Gonzalez had with him hadnt been stolen from there, both officers attempted to detain Gonzalez before pinning him to the ground and handcuffing his hands behind his back, while a third officer, Cameron Leahy, joined them. He is a graduate of Bowie State University in Maryland with a BS degree in communications. Email: rswan@sfchronicle.com Twitter: @rachelswan. Get Morning Report and other email newsletters. Kelly added that the investigation of Gonzalezs death needs this level of action for public trust.. Gonzalez family: Police body-worn camera footage shows what we alreadyknew Doctors pronounced Gonzalez dead at 11:45 a.m., the autopsy report said. The new information being released adds to that pain.. The police should have known to use better tactics with Mario. Its a video that has drawn comparison to that of the George Floyd killing. Adante Pointer, lawyer for Edith Arenales, Gonzalezs mother, told CNN the family is disappointed the officers wont be criminally prosecuted but the decision doesnt come as a surprise. "Mario would not have died were it not for being restrained in a prone position, with multiple officers on his back, for over five minutes," Sherwin tells NPR. "Policeare not allowed to arrest people to keep from tripping," Sherwin said at the time. At least one officer kneeled on his back for nearly five minutes until Gonzalez became unresponsive. The independent autopsy confirms what we all saw with our own eyes, Julia Sherwin, an attorney for the Gonzalez family, said in a statement to the Chronicle. Though both claims are related, they will remain separate but move forward side-by-side, Sherwin told CNN. The family also wants the California Department of Justice to investigate the police departments handling of the case. Rich L.A. homeowners are snapping them up, High school basketball: Southern California and Northern California Regional results and updated pairings, Opinion: How California came to treat UC Berkeley students noise as a dire environmental threat, Opinion: California gave up on mandating COVID vaccines for schoolchildren. She said that the officers noted he was highly intoxicated and stumbling around on a tree stump and thought he might harm himself. He has worked as an online coordinator and, before that, a copy editor and page designer for Bay Area-based newspapers and magazines. The stress of the altercation and restraint combined with prone positioning in the setting of morbid obesity and recent use of methamphetamine placed further strain on Mr. Gonzalez Arenales heart. Its been a long year, just the way weve been treated by the legal process., My brother was a human, he added. In Alameda County, the sheriff also oversees the coroner's office. Heres what the first half of Is Californias drought finally over? We believe it is an accurate and very comprehensive conclusion in the death of Mario Gonzalez.. Alameda is 15 miles outside San Francisco. Michael Haddad, an attorney representing Gonzalez and his young son, who is also named Mario, said he didnt need an autopsy to deduce that Gonzalezs death was a homicide, or that the police restraint was a factor. They killed him by restraining him in a prone position, with three officers weight on him, for over five minutes, attorney Julia Sherwin said in part. Little Mario will hold the officers who killed his Papi accountable in federal court, and we will fight for reforms so no other family will suffer the way Marios family has suffered from this completely preventable and senseless death., Andrea Cortez, the mother of Mario Gonzalezs child, added: Mario was a peaceful, calm person. Therefore the cause of death is the toxic effects of methamphetamine, with the physiologic stress of altercation and restraint, morbid obesity, and alcoholism contributing to the process of dying.. Attorneys for his family dispute the cause. The independent autopsy, which was requested by the familys attorneys, according to the San Francisco Chronicle, countered the report from the Alameda County coroners office last year, which had called the death a homicide but listed the principal cause as toxic effects of methamphetamine. The report included under other significant conditions the physiological stress of altercation and restraint, as well as obesity and alcoholism.. "Itwas the strength and intensity of Mr. Gonzalez's own momentum" that caused the group to fall. The law firm also announced an online fundraising campaign on behalf of Cortez and Gonzalezs son. The Alameda County Sheriffs office has asked outside agencies to assist in reviewing the autopsy of Mario Gonzalez, who died in the custody of Alameda police On April 19, 2021, Mario Gonzalez, an unarmed 26-year-old Latino man, died while under police custody by the Alameda, California Police Department. [2] [3] [4] In their initial report of the incident, the department reported that Gonzalez died after a "scuffle" and "physical altercation" resulting in a "medical emergency." A tremendous job under difficult circumstances. `` case, one officer seems put! Killed George Floyd, his brother Gerardo Gonzalez told reporters Tuesday administrative leave, to! Than five minutes News and enterprise reporter to use better tactics with.! Pathologist Bennet Omalu death during arrest by Alameda police Ray Kelly said heres the latest,... Were unreasonable or excessive of is Californias drought finally over nearly five.. The Bay Area, but the video acts dazed and struggles to answer officers.... 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