Prosecutors have dropped the criminal case against the only Alameda police officer remaining charged with Mario Gonzalez’s 2021 custody death, the Alameda County District Attorney’s Office said Friday.
According to a press release the office released Friday morning, Dr. Bennett Omalu, a forensic pathology specialist, presented contradictory comments that led to the involuntary manslaughter prosecution against Alameda police officer Eric McKinley being dismissed.
The event that resulted in Gonzalez’s death on April 19, 2021, involved three cops, including McKinley. Calls about a man acting strangely near a park were taken to the police. James Fisher and Cameron Leahy, two McKinley and Alameda police officers, located and arrested Gonzalez, age 26.
Body camera footage showed that at least one cop pressed his elbow and knee into Gonzalez’s back and shoulders while he screamed for assistance, pinning the defenseless man to the ground.Gonzalez was pinned on the ground by the cop until he passed away.
Following George Floyd’s murder and other comparable custody fatalities, the situation attracted global attention. According to the coroner’s report, the stress of the conflict with the officers and drugs were the combined causes of death.
Nancy O’Malley, the district attorney at the time, declared a year after the death that she would not bring charges against the cops, stating that her office had concluded that the officers had acted appropriately in detaining and arresting Gonzalez and were “not criminally liable.”
However, Pamela Price declared earlier this year that her office will charge the police with involuntary manslaughter after she was elected Alameda County DA.
Due to the statute of limitations, a court dropped Fisher and Leahy’s accusations in October, referring to “the rushed and careless work by the District Attorney’s office in filing this complaint.” Prior to its dismissal on Friday, McKinley was still charged with involuntary manslaughter in Gonzalez’s death.
Dr. Omalu was the forensic pathology specialist who provided testimony in the civil case that Mario Gonzalez’s family brought on behalf of his son against the city of Alameda, the Alameda Police Department, and the three officers, according to the Alameda County District Attorney’s Office.
For the civil case, Omalu conducted a second autopsy on Gonzalez and determined that “restraint asphyxiation” was the cause of death. Later, Alameda would settle the civil lawsuit by giving Gonzalez’s mother $350,000 and Gonzalez’s son’s estate $11 million.
According to the statement released on Friday, Omalu “recently filed a Motion to Quash the People’s subpoena compelling him to appear in court to testify in the criminal case.” According to the motion, Omalu “wrote and signed a declaration under penalty of perjury that was inconsistent with his sworn deposition in the civil case.”
“Although Dr. Omalu did not change his ultimate opinion on the cause of death, multiple key inconsistencies by this now hostile yet necessary witness led the People to conclude they could not meet their burden of proving Officer McKinley committed involuntary manslaughter beyond a reasonable doubt,” the statement released by the District Attorney of Alameda County stated.
The charge against McKinley was dropped one month after Price admitted loss in the recall election held in November. After the county certified the recall result, Royl Roberts, her chief assistant, took over as her temporary successor on December 6.
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Eliot Pierce is a dedicated writer for ChiefsFocus.com, covering local crime and finance news. With a keen eye for detail and a passion for storytelling, Eliot aims to provide his readers with clear and insightful analysis, helping them navigate the complexities of their financial lives while staying informed about important local events. His commitment to delivering accurate and engaging content makes him a valuable resource for the community.