Two of the three Alameda police officers involved in the 2021 arrest of Mario Gonzalez that led to his death had their manslaughter charges dismissed because the case exceeded the statute of limitations.
On Monday, a judge agreed with attorneys for officers James Fisher and Cameron Leahy, who argued that prosecutors missed the three-year statute of limitations to file charges. In his dismissal, Superior Court Judge Scott Patton cited what he called “the hasty and careless work of the District Attorney’s office in filing this complaint.”
“Given that the statute of limitations was to expire on 04-19-2024 at 11:59 p.m., the prosecutor’s decision to file a “Notice to Appear” (NTA) for arraignment on 05-20-24 in lieu of an arrest warrant, jeopardized the prosecution of this case by failing to ensure it was timely initiated within the law pursuant to PC 804(d),” Patton said in his ruling.
Patton allowed the manslaughter charge against officer Eric McKinley to stand on a technicality, ruling that McKinley was in South Africa during the time the three-year statute of limitations had expired, pushing the deadline for filing charges was extended.
On April 19, 2021, 26-year-old Gonzalez was unarmed when officers pinned him to the ground after responding to calls of a man acting strangely near a park. CCTV footage of the officer’s body was shown at least one officer pressed his elbow and knee into Gonzalez’s back and shoulders as he called for help. The officer continued to pin Gonzalez to the ground until he went limp and died.
Alameda Police Department
The bodycam footage of the incident gained national attention following the killing of George Floyd. A The coroner’s report ruled that the cause of death was a combination of drugs and the physical stress of the altercation with officers.
The ruling comes at a time when Alameda County District Attorney Pamela Price is facing a recall campaign by groups critical of her approach to prosecuting alleged criminals.
In a statement, the Public Prosecution Service said in response to the ruling: “It is unfortunate that all three suspects will not be held accountable for their alleged role 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 with filing an amended complaint against Officer McKinley.
In April 2022, Then-District Attorney Nancy O’Malley announced she would not prosecute the officers after a report from her office found that officers acted reasonably in detaining and arresting Gonzalez and were “not criminally liable.” In April this year, Price announced plans at her office to charge the officers with involuntary manslaughter.
The city of Alameda has already reached two separate settlements with the Gonzalez family in connection with the death. Members of the Gonzalez family said they will appear at a meeting before the next court hearing at 8 a.m. Friday at the Wiley Manuel Courthouse in Oakland.
