Charges vs. Alameda police in Mario Gonzalez death filed on time: DA
Alameda police officers officers James Fisher, Cameron Leahy and Eric McKinley appear in court to face involuntary manslaughter charges.
OAKLAND, Calif. - Prosecutors who charged three Alameda officers with the involuntary death of Mario Gonzalez three years ago argued in court papers that the case should not be dismissed, even though the police attorneys say they missed a key deadline and didn't file all the proper paperwork.
Alameda County Deputy District Attorney Simone Spector said prosecutors did file the charges on time regarding officers Cameron Leahy, James Fisher and Eric McKinley, who restrained the 26-year-old Gonzalez on his stomach for several minutes on April 18, 2021. He died after that encounter.
Spector also said her office filed a "notice to appear" for these three officers, which should substitute for an arrest warrant.
The statute of limitations for involuntary manslaughter is three years.
Alameda police officers arrive after Mario Gonzalez suffers medical distress after police kneel on his back to restrain him. April 19, 2021
However, Alison Berry Wilkinson, Leahy's attorney, argued that an arrest warrant is mandated by law and a "notice to appear" in court is not, and therefore reiterated her position that the DA's Office made a technical error in charging her client and the other two officers, meaning that the charges against them should be thrown out.
Wilkinson said the prosecutors didn't file the necessary secondary documents, either a probable cause statement signed by judge or an arrest warrant – to accompany the charges.
"In a feeble attempt to cure a fatal procedural error, the People proffer arguments that invite this Court to disregard existing law and that are unpersuasive," Wilkinson wrote. "The People’s opposition resorts to circus-like contortions of existing law and prosecutorial standards."
Alameda County Superior Court Judge Scott Patton will hear the arguments on Friday, when supporters of the late Gonzalez plan to rally in front of the Oakland courthouse, urging the judge to move forward with charges against the officers.
All of the officers are on paid leave pending the outcome of the criminal case.
Leahy and McKinley are still with the Alameda Police Department. Fisher now works for the Contra Costa County Sheriff.