Alameda Police Chief Nishant Joshi, Vice Mayor Tony Daysog issue statements in support of officers involved
The Alameda County District Attorney’s Office has filed criminal charges against the three Alameda police officers involved in the in-custody death of Mario Gonzalez that occurred April 19, 2021. The decision was made after reopening the case in January 2023, according to an announcement from the DA’s office last Thursday April 18, 2024—the day before the third anniversary of his death.
Currently, one of the three officers is no longer employed by the Alameda Police Department (APD). The other two officers have been placed on administrative leave.
Gonzalez died after being detained by Alameda Police officers. The officers restrained his arms then one of them knelt on his back, at which point Gonzalez became unresponsive. The officers performed CPR on Gonzalez and attempted to revive him with Narcan. But the 26-year-old was pronounced dead at the hospital. The incident was recorded by the officers’ body cameras. Gonzales is survived by his mother, brother, and son.
In response to the District Attorney’s Office announcement on April 18, Alameda Police Chief Nishant Joshi issued an official statement.
“Yesterday, Alameda County District Attorney Pamela Price reversed the decision of previous District Attorney Nancy O’Malley and filed charges against three Alameda police officers involved in the in-custody death of Mario Gonzalez in 2021,” Joshi stated. “On March 30, 2022, District Attorney O’Malley stated the evidence does not justify criminal charges and found no criminal liability in the death of Mr. Gonzalez, based on the recommendations from the Alameda County Sheriff’s Office, the lead investigative agency in this matter, and the Alameda County Coroner’s Bureau Investigator’s report and Autopsy report. Alameda County Sheriff Yesenia Sanchez stands behind the investigation conducted by her investigators. The City of Alameda’s independent investigation, conducted by former San Francisco City Attorney and County Supervisor Louise Renne, came to the same conclusion that no criminal or policy misconduct occurred.”
Joshi’s statement continued: “After assuming the position of Alameda Police Chief, I conducted a fourth independent review of all previous investigations and concurred that Alameda police officers did not engage in any misconduct and I stand by that decision today. All officers were returned to full duty. Upon notification of the charges, as of April 17, Officers Leahy and McKinley were again placed on leave until this matter is resolved, and Officer Fisher now works for the Contra Costa Sheriff’s Office. I have always been confident in the justice system. We will cooperate fully in this and all matters. The Alameda Police Department remains committed to serving our community with integrity and transparency.”
Vice Mayor Tony Daysog provided the following statement regarding the charges against the Alameda police officers: “I am confident that Officers Leahy, McKinley, and Fisher are innocent of the charges brought against them by the Office of the District Attorney,” Daysog stated. “I am confident because, in viewing on many occasions the videotape of the tragic death of Mario Gonzalez while being arrested, I am struck by the meticulous care our police officers exhibited when arresting Mr. Gonzalez, which was dramatically different from the mean-spirited anger exhibited by Minneapolis officers toward George Floyd. The Coroner’s report explained that the leading cause of Mr. Gonzalves’ tragic death was a combination of effects of methamphetamine drug abuse, alcoholism, obesity, and stress while under arrest, not unnecessary physical police brute force like what happened in Minneapolis. I remain in the corner of Officers Leahy, McKinley, and Fisher and ask all residents to keep them, the late Mr. Gonzalez, and the late Mr. Gonzalez’s family in our thoughts.”
In December 2021, Alameda County Chief Forensic Pathologist Dr. Vivian Snyder released a report that ruled Gonzalez’s death as a homicide. Approximately four months later, on April 8, 2022, the Alameda County District Attorney—then Nancy O’Malley—declared the officers not criminally liable in the death.
On January 31, 2023, newly elected Alameda County District Attorney Pamela Price issued a statement announcing the creation of a Public Accountability Unit (PAU). The role of the unit was to further review eight officer-involved shootings and in-custody deaths. Gonzalez’s death was one of the eight cases under review.
In December 2023, the City of Alameda released a statement confirming that two settlements had been reached with Gonzalez’s family. The first would pay $11 million to the estate and Gonzalez’s son, and the second would pay $350,000 to Gonzalez’s mother.
Kelsey Goeres is a contributing writer for the Alameda Post. Contact her via [email protected]. Her writing is collected at AlamedaPost.com/Kelsey-Goeres.
