No criminal liability for Alameda police officers involved in death of Mario Gonzalez
Kaplan gains backing from two influential firefighters unions
CITY NEWS
ALAMEDA
—DA CASE CLOSED—The death of Mario Gonzalez in April 2021 brought to Alameda waves of questions and anger concerning police misconduct and accountability witnessed elsewhere in the country. Gonzalez’s death and how it evoked the manner in which George Floyd was killed by Minneapolis Police resulted in a movement in Alameda to begin reforming how law enforcement deals with the mentally ill and those in a diminished state of mind.
—The three Alameda police officers involved in Gonzalez’s death, however, will face no criminal liability, the Alameda County District Attorney’s office determined. The city of Alameda made the announcement late Thursday evening. Alameda officials were made aware of Alameda County District Attorney Nancy O’Malley’s decision on Mar. 30.
—“Applying the high charging standards by which the District Attorney’s Office is ethically bound, we can only conclude that the officers involved in this incident are not criminally liable,” according to the DA’s report. “We are closing our file and will take no further action in this matter.”
—FLOYD CONNECTION—The DAs report acknowledged some similarity between Floyd and Gonzalez’s death, specifically, the officers’ application of their knees to Gonzalez’s back and torso. “Even if a particular case appears to involve some similarities to high profile cases that have occurred through the country, this Office endeavors to analyze each critical incident on its own facts and evidence,” according to the report.
—One officer told the DA office that he was cognizant of the circumstances involving Floyd and “made sure to keep the majority of his weight on the balls of his toes to limit the weight on Mr. Gonzalez’s back,” the officer told the DA’s office. In addition, O’Malley’s office determined the police officer’s actions were “appeared consistent and in compliance with the applicable [Alameda Police Department] policies.”
—The Alameda County Coroner’s Bureau, last September, classified Gonzalez’s death as a homicide and the cause of death being the “toxic effects of methamphetamine,” in addition, to “physiologic stress of altercation and restraint; morbid obesity; alcoholism.” The DA’s office found no evidence that Gonzalez’s death was caused by positional asphyxiation. The DA's report said “homicide” is a neutral term and not applicable to the criminal context of the case.
—O’Malley’s decision is certain to reignite Alamedans who believe the officers involving in Gonzalez’s death should be held legally accountable. The DA’s determination will help complete the city of Alameda’s own independent investigation in the matter , the city said on Thursday night. The three officers remain on paid administrative leave.
MORE IN THIS ISSUE: Alameda Picks Interim City Manager | Schaaf’s Twitter War with Vegas | Kaplan Gets Fire’d Up | Price on Alameda Police Case | Wiley Gets Another Max-Out Donation |
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