California man dies while in police custody
OAKLAND, Calif. — The family of an unarmed 26-year-old San Francisco Bay Area man is struggling to understand how a minor confrontation with police led to his death on the same day a jury in Minneapolis began considering similar circumstances in the George Floyd case.
Officers in Alameda, California, responded to a park on April 19 to check reports that Mario Gonzalez was acting strangely and appeared to be breaking security tags off of alcohol bottles that he had in two drugstore baskets.
Gonzalez died after three officers and a civilian parking enforcement employee pinned him face down on the ground for more than five minutes, according to body camera video made public this week by police amid three separate investigations. An attorney for the officers said they did nothing wrong.
Police said Gonzalez had a medical emergency while in an altercation with officers.
But his brother, Jerry Gonzalez, told The Associated Press in an interview Wednesday that the video “presented a story that was really different.
“The medical emergency that they're talking about was induced by three officers on his back,” he said.
The brother added that Gonzalez liked to get away from their neighborhood in east Oakland — where gang shootings, robberies and murders are common — and go to nearby Alameda, a city on an island with beautiful homes, tree-lined streets and many parks.
Gonzalez died in a park at the end of a cul-de-sac of well-kept homes with manicured gardens.
The video shows that one officer put an elbow on his neck and a knee on his shoulder, while another appeared to put a knee on his back and leave it there for about four minutes as Gonzalez gasped for air, saying, “I didn't do nothing, OK?”
The union representing Alameda police officers did not respond to a request for comment, but Alison Berry Wilkinson, an attorney representing the officers, told KTVU in Oakland that they “used the lowest degree of force possible given the intensity of Mr. Gonzalez's efforts to evade their grasp.”
Gonzalez seemed intoxicated and disoriented and the officers were concerned he would fall, she said.
One officer put a knee on his back, but only as a “balance point,” Wilkinson said.
“There was never a point in time where any officer's knee was on Mr. Gonzalez's neck. Nor was there a time when they were pressing down hard enough on his body to cause him not to breathe,” Wilkinson said.
All three officers are on administrative leave. The city identified them Wednesday as Officer James Fisher, who has been with the Alameda Police Department since 2010, and Cameron Leahy and Eric McKinley who joined in 2018. The city said Civilian Parking Enforcement employee Charlie Clemmens was also involved.
The death is under investigation by the Alameda County Sheriff's Department, the district attorney's office and a former San Francisco city attorney hired by Alameda to lead an independent probe. All four have now been interviewed by both the sheriff's and district attorney's investigators, the city said.
Gonzalez had a 4-year-old son, also named Mario, and was the main caretaker of his brother, who has autism and turned 23 on Tuesday, his family said.
Gonzalez's mother, who lost another son two years ago, turned 45 on the day after Mario died, his brother said.
