Nov 25, 2024

Family Of Oakland Man Sue Almeda Officers For Wrongful Death

by Nadia El-Yaouti | Dec 26, 2021
Body camera footage showing police officers interacting with a man in a park prior to a fatal encounter. Photo Source: Mario Gonzalez is restrained by Alameda police officers in a still of a video from an officer’s body-worn camera, file photo, April 19, 2021. (Alameda Police Department via The Mercury News)

The family of an Oakland man has filed a wrongful death lawsuit against Alameda county police officers alleging that they were the cause of his death.

Officers were called out to a park to check on 26-year-old Mario Gonzales on April 19. Gonzalez was described as acting strangely and was seen to be breaking security tags off of alcohol bottles that he had in two drugstore baskets.

After officers arrived on the scene, Gonzalez appeared to be intoxicated and officers scuffled with him as they tried to restrain him. Body camera footage shows officers attempting to apprehend Gonzalez with one officer being heard saying, “Mario, please stop fighting us."

Gonzalez then falls to the ground while the three officers and one civilian parking enforcement employee fall on top of him as they continue to try and restrain him. Gonzales is kept pinned to the ground for at least five minutes. On the body cam footage, one officer can be seen with his knee on Gonzalez's back during the ordeal.

Toward the end of the restraint attempts, Gonzales can be heard struggling to breathe. Minutes later, Gonzales stops breathing altogether as officers search for a pulse. The officers then flip Gonzalez over and begin to perform CPR. Gonzalez later died as a result of the encounter.

The altercation between officers and Gonzales has drawn many parallels to the George Floyd case in which officer Derek Chauvin was found guilty of the death of 46-year-old Minneapolis man, George Floyd.

The lawsuit was filed in federal court on behalf of Gonzalez’s five-year-old son, Mario Jr. In the suit, the city of Alameda is named along with the former interim police chief and three other officers. The lawsuit details that the officers wrongfully used deadly force, were negligent, and violated Gonzalez's civil rights.

The lawsuit comes after a report released by the Alameda County Coroner’s Bureau detailed that Gonzalez's death was a homicide. The report indicated that Gonzales passed away from the “toxic effects of methamphetamine” but it also details that the “physiologic stress” from struggling with the officers along with alcoholism and obesity contributed to his death. According to the toxicology report, Gonzalez had .9 milligrams of meth per liter in his system at the time of his death.

The complaint details that the police officers improperly escalated the encounter with Gonzalez and that Gonzalez was not threatening but instead “ disoriented and confused.” The complaint goes on to explain that Gonzalez “squirmed around in a desperate attempt to breathe, but never attacked, threatened, or violently resisted any officer.” The family accuses the officers of ignoring Gonzalez’s signs of impending death and instead, using deadly force ultimately causing his death.

Alison Berry Wilkinson, an attorney representing the officers, shared in an email with ABC News that the officers “look forward to the opportunity to prove in federal court that their actions during this encounter were reasonable, necessary, and lawful."

Wilkinson adds that “This was an unintended, unexpected and tragic death." She notes that the officers used “only trained and accepted law enforcement techniques," and that “As the coroner noted, the cause of death was drug toxicity, and many of the injuries listed in the complaint were the result of the officers’ aggressive efforts to save Mr. Gonzalez’s life rather than their efforts to handcuff him," Wilkinson said.

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Nadia El-Yaouti
Nadia El-Yaouti
Nadia El-Yaouti is a postgraduate from James Madison University, where she studied English and Education. Residing in Central Virginia with her husband and two young daughters, she balances her workaholic tendencies with a passion for travel, exploring the world with her family.

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