Mario Gonzalez: Judge dismisses manslaughter charges against 2 of 3 Alameda officers

OAKLAND, Calif. - In a major blow to Alameda County District Attorney Pamela Price, a judge on Monday dismissed charges against two of three Alameda police officers charged with the involuntary manslaughter of Mario Gonzalez.

Judge Scott Patton's decision means that Cameron Leahy and James Fisher no longer face allegations that they were criminally responsible for the 26-year-old Oakland man’s April 18, 2021, death.

However, the judge also ruled that the charges against Eric McKinley can go forward because he was in South Africa at the time that the statute of limitations had run out, and his time frame was a bit longer than the other two to file charges.

Leahy's attorney, Alison Berry Wilkinson, told KTVU that this decision was "huge."

"The decision reveals the staggering incompetency of the District Attorney who not only blatantly ignored, for her own political gain, the overwhelming evidence that this death was not due to officer misconduct but rather methamphetamine toxicity, she then cavalierly disregarded basic rules of criminal procedure and failed to get these meritless charges filed within the statute of limitations," Wilkinson said.

She said the officers had mixed reactions to the judge's ruling. While they are grateful, they're also heartbroken that the decision does not include McKinley.

KTVU reached out to Price's office for a response to the ruling and has not yet heard back.

Wilkinson had argued that the DA didn’t file all the necessary paperwork on time to meet the three-year statute of limitations. 

While the DA’s Office filed the charging documents on time, the judge ruled that the secondary piece of paperwork – the arrest warrant – was not filed within the legal timeframe for Leahy and Fisher.

Gonzalez didn't provide ID to the officers when they asked, which is not a crime, but is what prompted the officers to pin him on his stomach. He died after being restrained in a prone position for several minutes. Last year, his son was awarded an $11 million settlement.

While a victory for the two officers, the dismissal of charges is a huge blow for Price, who is facing a recall on Nov. 5.

She had campaigned heavily on a progressive platform not only to not overcriminalize Black and brown men, but to also hold police officers accountable for her actions.

In April, Price filed charges against the officers, citing the cause of death by a second coroner as a result of "restraint asphyxiation" as the reason behind her charging the police with Gonzalez’s death.

The dismissal was also a blow to Gonzalez’s family, including his mother, Edith Arenales and supporters from the Anti Police-Terror Project and Communities United for Restorative Youth Justice, who rallied outside the René C. Davidson Courthouse last month before the hearing.

In 2022, Price’s predecessor, District Attorney Nancy O’Malley, concluded her office’s investigation of the death deciding that the officers had acted reasonably, clearing them of any criminal wrongoing.

The first autopsy conducted on Gonzalez attributed his death to toxic effects of methamphetamine, morbid obesity, alcoholism and stress of restraint.

All three officers were placed on leave following Gonzalez’s death, but then returned to law enforcement when O’Malley cleared them.

They were put on leave again after Price’s charges. Presumably, they will now be allowed to return to work.

Leahy is still with the Alameda Police Department along with McKinley, who likely won't go back.

Fisher now works for the Contra Costa County Sheriff.