Two of three officers charged in Mario Gonzalez killing cleared of charges

( KRON ) — In what could be a big blow to embattled Alameda County District Attorney Pamela Price as she faces a recall in November, involuntary manslaughter charges against two of the three Alameda police officers charged in the killing of Mario Gonzalez have been dropped this week. Prosecutorial errors led to the dismissals.

When DA Price re-examined Gonzalez’s case after her predecessor Nancy O’Malley chose not to criminally charge the Alameda police officers connected to his death, her office opted to charge all three officers with involuntary manslaughter.

But last month in court, defense attorneys pushed for the charges to be dismissed, arguing the necessary documents and arrest warrants were not filed within the three-year statute of limitations. On Monday, Judge Scott Patton agreed and dropped the charges against Cameron Leahy and James Fisher.

“It’s disappointing to see. But the road to justice for victims of police abuse is not an easy one,” said civil rights attorney Adante Pointer.

Pointer represented Gonzalez’s family in its wrongful death civil case in the matter, resulting in a more than $11 million settlement with the City of Alameda last year.

“We remain undeterred with trying to get the justice that an unarmed man, who was guilty of no crime other than being suspicious to someone, resulted in him losing his life,” said Pointer.

The charges against a third officer, Eric McKinley still stand. The judge determined his statute of limitations is longer because he was out of the country during an extended period of time.

He will now have to stand trial.

“However, he did not act alone,” said Pointer. “And, so to us, it would only be right that the other two officers who were involved in taking Mario’s life would also be held criminally accountable as well.”

Alison Berry Wilkinson represents Officer Leahy. In a statement she said, in part:

“My client has mixed emotions about the decision. He is grateful the judge dismissed the case against him but heartbroken that the decision did not include Officer McKinley. It makes no sense that the district attorney can pursue bogus and politically motivated charges against Officer McKinley, simply because at the time of the filing, he was building homes and schools for impoverished communities in South Africa. It brings to mind the old adage: no good deed goes unpunished. But we look forward to the day when Officer McKinley is also cleared. We have no doubt he will be.”

In a response to the ruling, the Alameda County District Attorney’s Office said:

“It is unfortunate that all three defendants will not be held accountable for their alleged roles in the death of Mario Gonzalez. 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.”

“Despite the fact that a family may receive millions of dollars as an acknowledgement of what took place was not correct or done improperly, families would gladly give all that money back in order to enjoy one more holiday, one more birthday — one more day with their loved one,” said Pointer.

Mario Gonzalez was killed in April 2021. A welfare check turned violent when officers threw him to the ground and put pressure on his body, which an autopsy said contributed to his death.

The dismissals are with prejudice which means the district attorney cannot refile against Leahy and Fisher.

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