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 because of a prosecutorial paperwork and timing technicality.

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 on a technicality that the charges against Eric McKinley can go forward because he was in South Africa doing missionary work at the time that the three-year statute of limitations had run out, and his time frame being out of the country was a bit longer than the other two to file charges.

The Alameda County DA's office "firmly put the prosecution of this case in jeopardy" by waiting until the 11th hour to file manslaughter charges against the officers, Patton wrote, adding that the prosecutor's filing was "rushed and careless."

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.

In an email from the DA's office on Tuesday, a spokesperson wrote: "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."

Price did not sign her name to the email or make mention of her team's error in filing the charges. 

In his decision, the judge sided with Wilkinson, who 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 did file 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.

On the day of his death, neighbors had called police because Gonzalez was stumbling around intoxicated in their neighborhood.

When officers approached him, Gonzalez didn't provide ID when they asked.

Not providing ID is not a crime, but the refusal is what prompted the officers to pin him on his stomach on the ground.

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 setback 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.

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

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

The dismissal was also a disappointment 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.

Civil rights attorney Adante Pointer, who is representing Arenales, said that Price can file an appeal to the judge's decision.

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, Leahy and Fisher will now be allowed to return to work – to Alameda and the Contra Costa County Sheriff's Office, respectively.

McKinley is also employed by the Alameda Police Department, but it's unlikely that he'll return until his criminal charges are resolved.