Alameda officials accused in connection with the death of Mario González want to dismiss the case on formal grounds

ALAMEDA, California. – According to the three Alameda police officers accused of manslaughter in connection with the death of Mario González, they intend to request that the criminal proceedings against them be dropped because a technical error occurred in the timely submission of the required documents.

Attorneys for officers Cameron Leahy, James Fisher and Eric McKinley filed a motion to dismiss the case in Alameda County Superior Court on Sept. 6, arguing that while the felony charges against their clients were filed within the three-year statute of limitations, the required follow-up documents — either a probable cause statement or an arrest warrant — were not forthcoming.

“The district attorney’s error is fatal,” the lawyers wrote.

In an interview Thursday, Leahy's lawyer Alison Berry Wilkinson said, “It's just such a fundamental step.”

She said she and fellow attorneys Julia Fox and James Shore noticed something “odd” during a court hearing. At the time, an assistant district attorney asked the judge to sign a statement. Judges don't do that: They issue orders.

“That was unusual,” Wilkinson said. “At that point we realized they had made a mistake and were trying to cover it up.”

The statute of limitations to charge the officers in Gonzalez's death on April 19, 2021 expired at midnight on April 18, 2024.

Because the required documents were not submitted on time, the charges against the three officers “must be dismissed in their entirety,” argued the police lawyers.

In a statement Thursday, Alameda County District Attorney Pamela Price's office said it “cannot comment on pending cases in court.” The prosecutor's countermotion is scheduled to be filed Friday.

Judge Scott Patton will hear the arguments on September 20. Supporters of the late Gonzalez plan to gather outside the Oakland courthouse and ask the judge to bring charges against the officers.

The San Francisco Chronicle was the first newspaper to report on the motion to dismiss.

Gonzalez died in a high-profile struggle with the three police officers who were seen on body camera video retraining the 26-year-old Oakland man after neighbors called to report that he was behaving erratically.

Gonzalez did not show his identification when asked, which prompted officers to place him on his stomach. He died after being held in the prone position for several minutes. Last year, his son received $11 million in compensation.

In April 2022, Nancy O'Malley, the former Alameda County district attorney, declined to file charges against the officers, saying their conduct was appropriate.

In April of this year, District Attorney Price – who is committed to holding police officers accountable – charged the three officers with manslaughter.

Officials did not enter a plea in August, but Wilkson said they planned to enter a not guilty plea on Oct. 11 if the charges are not dropped by then.

They are all on leave until the criminal proceedings are concluded.

Leahy and McKinley are still with the Alameda Police Department. Fisher now works for the Contra Costa County Sheriff.