2 Alameda Officers Accused In Mario Gonzalez Manslaughter Death Have Charges Dismissed; Judge Says Prosecution "Rushed And Careless"

CBS Bay Area

October 9, 2024

Two of three Alameda police officers involved in the 2021 arrest of Mario Gonzalez which led to his death had manslaughter charges against them dismissed because the case extended beyond the statute of limitations.

On Monday, a judge agreed with attorneys for officers James Fisher and Cameron Leahy who argued that prosecutors missed the three-year statute of limitations to file charges. In his dismissal, Superior Court Judge Scott Patton cited what he called "the rushed and careless work by the District Attorney's office in filing this complaint."

"Given that the statute of limitations was set to expire on 4/19/24 at 11:59 p.m., the prosecutor's decision to proceed with a "Notice to Appear" (NTA) for arraignment on 5/20/24 in lieu of an arrest warrant, jeopardized the prosecution of this case by failing to ensure it was timely commenced within the statute pursuant to PC 804(d)," Patton said in his ruling.

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