OAKLAND, Calif. (AP) — No prison expenses will probably be filed in opposition to officers who pinned an Oakland man to the bottom throughout an arrest a yr in the past that resulted in his demise, the Alameda County district lawyer’s workplace introduced Thursday.
Three officers acted fairly in detaining and arresting Mario Gonzalez within the metropolis of Alameda and “are not criminally liable,” in response to a March 30 remaining in-custody demise report from the DA’s workplace that was made public on Thursday.
On April 19, 2021, officers responded to a park to test reviews that Gonzalez, 26, was appearing surprisingly and gave the impression to be breaking safety tags off alcohol bottles that he had in two drugstore baskets.
Gonzalez died after three officers and a civilian parking enforcement worker pinned him face-down on the bottom for greater than 5 minutes, in response to physique digital camera video launched by police that confirmed one officer with a knee on his again. Gonzalez stopped respiratory and later died.
His demise got here a day earlier than a jury in Minneapolis discovered former police officer Derrick Chauvin responsible of homicide within the custody demise of George Floyd.
An post-mortem discovered that Gonzalez didn’t have any deadly accidents however he did have numerous well being issues, together with morbid weight problems and an enlarged coronary heart, and had methamphetamine and different medicine in his system. The meth may have led to a deadly cardiac arrhythmia and the stress of struggling and being detained by police may have put pressure on his coronary heart, the county Coroner’s Bureau discovered.
The coroner categorised the demise as a murder, which means demise by the hands of one other. However, the trigger was listed because the poisonous results of methamphetamine with “the stress of altercation and restraint,” alcoholism and morbid weight problems as contributing components.
The district lawyer’s overview stated the officers acted fairly out of concern that Gonzalez would possibly pose a menace to them and to himself and others, tried to “deescalate” the scenario, by no means struck Gonzalez or used any a chokehold or weapons however relied on “necessary” power.
“The officers are grateful the district attorney recognized that this tragic death was an unintended consequence of their legitimate and lawful actions,” their lawyer, Alison Berry Wilkinson, instructed KTVU-TV.
Two federal civil rights lawsuits filed on behalf of Gonzalez’s mom and son allege that the officers improperly escalated the confrontation with Gonzalez, who appeared “disoriented and confused” however not threatening, ignored indicators that he was dying and used improper restraint that asphyxiated him.
In its report, the district lawyer’s workplace famous that it didn’t contemplate whether or not the officers could have violated Police Department coverage or used improper however noncriminal ways.
“Those issues are sometimes determined by a civil action” the place the usual of proof is decrease than for prison circumstances, the report stated.