San Francisco Chronicle

Mother sues Alameda, officers over man’s death

- By Lauren Hernández Lauren Hernández is a San Francisco Chronicle staff writer. Email: lauren.hernandez@ sfchronicl­e.com Twitter: @ByLHernand­ez

The mother of Mario Gonzalez has filed a federal civil rights lawsuit against the city of Alameda and the police officers who pinned him to the ground for five minutes, saying her son died after he was illegally and unjustifia­bly restrained last April.

In the 21-page lawsuit, filed Wednesday in U.S. District Court for the Northern District of California, Edith Arenales alleges that Officers Eric McKinley, James Fisher and Cameron Leahy “used excessive force against (Gonzalez), and unjustifie­d deadly force that included a suffocatin­g restraint” that caused her 26-year-old son to

die from restraint asphyxia.

The lawsuit said officers failed to de-escalate the situation and knew Gonzalez did not pose any danger and didn’t make any “threatenin­g action toward any of the officers.”

On the morning of April 19, 2021, Alameda police Officers McKinley and Fisher responded to calls about a man who was talking to himself outside the front gate of a home on the corner of Oak and Powell streets. The officers approached

Gonzalez when he was at Scout Park near the home, where another caller reported seeing a man with what appeared to be stolen bottles of alcohol.

Body camera footage showed McKinley speaking to Gonzalez for nine minutes before he, Fisher and Leahy restrained him facedown on the ground for five minutes. Gonzalez went limp while being restrained and didn’t have a pulse when he arrived at Alameda Hospital, according to the coroner’s report.

The suit said Gonzalez was clearly confused and disoriente­d.

“During the conversati­on any reasonable officer would have been able to tell that (Gonzalez) was confused and likely under the influence by his responses.”

Randy Fenn, the interim Alameda police chief at the time, is also named in the suit. The lawsuit alleges the Police Department’s “failure to discipline or retrain the Defendant Officers is evidence of an official policy, entrenched culture and posture of deliberate indifferen­ce toward protecting citizen’s rights.”

The lawsuit is seeking expenses for coroner’s fees, funeral and burial costs, and punitive damages.

The suit is the second filed by a relative of Gonzalez.

In December, a federal civil rights and wrongful death lawsuit was filed on behalf of

Gonzalez’s 5-year-old son, also named Mario, by the boy’s mother, Andrea Cortez.

Alameda police initially said Gonzalez died after suffering a “medical emergency” while officers tried arresting him during a “physical altercatio­n” and “scuffle” with police.

The Alameda County Coroner’s Bureau described his death as a homicide but cited the “toxic effects of methamphet­amine” as the cause of death and added “physiologi­c stress of altercatio­n and restraint, morbid obesity, and alcoholism contributi­ng to the process of dying.”

 ?? Santiago Mejia / The Chronicle 2021 ?? Mario Gonzalez, 26, died while being restrained for five minutes by three Alameda officers in April.
Santiago Mejia / The Chronicle 2021 Mario Gonzalez, 26, died while being restrained for five minutes by three Alameda officers in April.

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