Charges Against Two Officers Involved in Mario Gonzalez Death Dismissed

On Monday October 7, Judge Scott Patton dismissed charges against two of three Alameda police officers charged with the involuntary manslaughter of Mario Gonzalez due to prosecutorial paperwork and a timing technicality. This means Cameron Leahy and James Fisher no longer face allegations that they were criminally responsible for Gonzalez’s death on April 18, 2021.

That leaves Eric McKinley. The judge ruled that the charges against him can move forward due to a technicality. McKinley’s statute of limitations was extended because he was in South Africa doing missionary work during a portion of the three-year period.

While the DA’s Office filed the charging documents within the allotted time, Patton ruled that the arrest warrant was not filed within the legal timeframe for Leahy and Fisher. He wrote that the Alameda County DA’s office “put the prosecution of this case in jeopardy” by waiting so long to file manslaughter charges against the officers. The filing was “rushed and careless,” he added.

Gonzalez died after being detained by Alameda Police officers. The officers restrained his arms then one of them knelt on his back, at which point Gonzalez became unresponsive. The officers performed CPR on Gonzalez and attempted to revive him with Narcan. But the 26-year-old was pronounced dead at the hospital. The incident was recorded by the officers’ body cameras .

Gonzales is survived by his mother, brother, and son.

All three officers were placed on leave following Gonzalez’s death. Though they returned to law enforcement when District Attorney Nancy O’Malley cleared them, they were put on leave again after Alameda County District Attorney Pamela Price’s charges. Now, Leahy and Fisher are expected to be allowed to return to work. It’s unlikely that McKinley will return to APD until his criminal charges are resolved.

The dismissal is a disappointment for Price, who is facing a recall on November 5 , and for her supporters. Price ran on a progressive platform that aimed to stop the overcriminalization of men of color and hold police officers accountable for their actions.

“It is unfortunate that all three defendants will not be held accountable for their alleged roles in the death of Mario Gonzalez,” the Alameda County District Attorney’s Office said in a statement. “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.”

The post Charges Against Two Officers Involved in Mario Gonzalez Death Dismissed appeared first on Alameda Post .