(KRON) — The Mario Gonzalez dying case took one other dramatic activate Friday when prosecutors introduced dropping manslaughter costs towards all Alameda Police Division officers who pinned Gonzalez face-down to the bottom when his coronary heart stopped beating.
“The decision to dismiss the involuntary manslaughter charge against Officer (Eric) McKinley was the direct result of inconsistent statements made under penalty of perjury by Dr. Bennett Omalu. Dr. Omalu was the forensic pathology expert on cause of death for the family of Mario Gonzalez,” the Alameda County District Legal professional’s Workplace wrote Friday.
On April 19, 2021, a neighbor who lived subsequent to a small park on Oak Road known as 911 to report {that a} man was outdoors appearing unusual and scary. APD cops Eric McKinley, James Fisher, and Cameron Leahy detained Gonzalez within the park.
The 26-year-old man was suspected of being drunk in public, possessed bottles of stolen alcohol, and failed to point out identification. Officers pinned him to the bottom and restrained him for a number of minutes earlier than they realized that his coronary heart had stopped beating.
VIDEO: Physique digital camera video reveals officers pinning Gonzalez on floor
The sufferer’s household’s legal professional, Julia Sherwin, mentioned Gonzalez’s dying, “would feel like drowning on dry land for him.” Gonzalez died from a number of causes, primarily, “toxic effects of methamphetamine” in his blood, forensic pathologist Dr. Vivian Snyder concluded.
In 2022, former district legal professional Nancy O’Malley mentioned not one of the three officers would face costs and so they had been cleared of felony wrongdoing. A report launched below O’Malley’s administration in 2022 acknowledged, “Mr. Gonzalez was lying face down with Officer McKinley and Officer Fisher struggling on top of him to get his arms behind his back and into handcuffs.” Officer Leahy additionally held Gonzalez on the bottom by restraining his legs.
When former district legal professional Pamela Worth took over in 2023, one in all her first priorities was to reopen the Gonzalez dying case and file involuntary manslaughter costs towards the three officers. Worth was booted from her place by voters in November and her final day in workplace was December 5.
A decide dismissed all costs towards officers Fisher and Leahy in October. Officer McKinley’s costs had been dropped on Friday below interim DA Royl Roberts.
Mario Gonzalez
The district legal professional’s workplace defined, “The decision to dismiss the involuntary manslaughter charge against Officer McKinley was the direct result of inconsistent statements made under penalty of perjury by Dr. Bennett Omalu. Dr. Omalu was the forensic pathology expert on cause of death for the family of Mario Gonzalez in their civil case. The initial autopsy was conducted by the Alameda County Coroner, and three of their forensic pathologists opined that the cause of death was ‘toxic effects of methamphetamine.’ Dr. Omalu, on the other hand, performed the second autopsy and opined that the cause of death was ‘restraint asphyxiation.’ Dr. Omalu wrote and signed a declaration under penalty of perjury that was inconsistent with his sworn deposition in the civil case. Multiple key inconsistencies by this now hostile yet necessary witness led the People to conclude they could not meet their burden of proving Officer McKinley committed involuntary manslaughter beyond a reasonable doubt. The People dismissed the involuntary manslaughter charge against Officer Eric McKinley.”
Gonzalez is survived by a 6-year-old son, who can also be named Mario. Civil rights legal professional Adante Pointer represented Gonzalez’s household for a wrongful dying lawsuit that resulted a $11 million settlement final yr. Pointer mentioned Gonzalez was responsible of no crime aside from being suspicious to somebody.
