Officers appear in court in Alameda police in-custody death of Mario Gonzalez
ALAMEDA, Calif. - Police officers James Fisher, Cameron Leahy and Eric McKinley made their first court appearance Friday on charges of involuntary manslaughter in the death of Mario Gonzalez in Alameda.
They did not enter a plea in a case some say was undercharged.
"A case that not only was on video, that it was a murder committed, and the charges aren't even murder, said Amanda Majail-Blanco of Communities United for Restorative Youth Justice. "It's actually manslaughter. That's only a three-year minimum, and that's a huge, huge problem."
The three men were working as Alameda police officers when they restrained Gonzalez near Park Street and Otis Drive in 2021. An initial autopsy noted that Gonzalez was under the influence of meth and was obese.
But a second autopsy commissioned by his family says he died of "restraint asphyxiation."
In charging the officers, Alameda County DA Pamela Price reversed a decision by her predecessor Nancy O'Malley, who had cleared them of any criminal wrongdoing.
Even so, everyone was critical of Price on Friday.
Julia Fox is an attorney representing Fisher, who is now a Contra Costa County sheriff's deputy. She accused the DA of baselessly charging the officers out of desperation, because she's facing a recall.
"It is so riddled by - and crippled by - reasonable doubt that I very much look forward to that reality only being affirmed by a jury, should we get that far," Fox said.
Attorneys for the officers have blasted Price for what they call a political prosecution.
"Traditionally, the elected DA acknowledged as ‘the honorable DA.’ And I think that her actions - certainly in this case - are anything but," Fox said.
Gonzalez's mother Edith Arenales and relatives also attended the hearing, as did law enforcement officers.
Edgar Sanchez once taught Gonzalez in Oakland.
"To be in there with a roomful of police officers, including the ones who murdered Mario, it was not easy," Sanchez said. "But we always stand tall as people."
Leahy and McKinley are on paid administrative leave. They are not in custody and will return to court on Oct. 11.
Henry Lee is a KTVU crime reporter. E-mail Henry at Henry.Lee@fox.com and follow him on Twitter @henrykleeKTVU and www.facebook.com/henrykleefan