Three Alameda police officers charged in connection with the death of an unarmed man appeared in court Friday, attempting to get their case dismissed.
The three officers, who are not in custody, are charged with the involuntary manslaughter of Mario Gonzalez, who died when they allegedly pinned him to the ground during a scuffle back in 2021.
Both sides agreed with the judge that three years is the statute of limitations for filing charges in a case like this, and that when the complaint was filed this past April, it was one day prior to the expiration of the limitations.
But the defense argued the case against officers Eric McKinley, James Fisher, and Cameron Leahy should be thrown out because prosecutors never secured an arrest warrant or a summons within that three-year time frame.
The judge did ask why the prosecution waited until the last minute to file charges. The assistant district attorney said they were waiting on a final report from an expert who reviewed the case, adding the last-minute filing was not due to any sort of mishandling of the case.
"In this case, the DA made the fatal error of just filing the charging document, the complaint in this case in the 11th hour," said Julia Devereaux Fox, an attorney representing Fisher. "If (the judge) dismisses it, then in our minds it's done. Then these officers can, as they always should have been able to, put it behind them."
Attorney Allison Berry Wilkinson, who represents Cameron Leahy, noted, "It was clear from the hearing that the judge understood the significance of what he has been asked to decide on not just the officer defendants, but also the integrity of the justice system."
The Alameda County District Attorney's office declined to comment on Friday.
Outside court before the hearing, Gonzalez’s mom Edith Arenales joined about 30 supporters and community members calling for an end to what they call police brutality and demanding justice for her son.
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She said she is trying to stay positive and praying the judge doesn’t dismiss the case against the officers.
"The case for my son Mario Gonzalez is a strong case," Arenales said, after speaking with attorneys following the hearing.
Arenales added that if the judge dismisses the case, "I'm going to be -- my heart [will be] broken."
"It is unacceptable that a technicality could be more important than Mario's life," said Amanda Majail-Blanco with Communities United for Restorative Youth Justice.
Back in 2021, the Alameda County district attorney at the time declined to charge the officers, but current District Attorney Pamela Price revived the case shortly after taking office in 2023.
Defense attorneys believe the charges may have been rushed because Price is facing a November recall election.
Legal analyst and former prosecutor Steven Clark expects that the questions about the District Attorney's filing of this case will present challenges for the prosecution.
Clark likened the situation to a pilot taking off on a flight.
"Before you get in an airplane and take off, you check the gas gauge, you don’t take off and then check the gas gauge,” Clark said.
The judge said he will make a decision in the case within the next three weeks. The next hearing in this case is set for October 11.
