With the departure of Alameda County District Attorney Pamela Price, the DA's office is shedding one controversial case that had been revived under Price's watch, that of the in-custody death of Mario Gonzalez in Alameda in 2021.

After her predecessor declined to file charges against the three Alameda police officers who were involved with the arrest of Mario Gonzalez, which led to his death, Price's office chose to revive the case earlier this year, filing charges at the 11th hour before the statute of limitations expired in April.

Lawyers for two of the officers, James Fisher and Cameron Leahy, argued to have the charges against them dismissed, saying that they had not been arrested following the procedural deadline — an error on the part of the DA's office. A judge agreed, and dismissed charges against the two men in October, saying that a statute of limitations isn't just a technicality, but is "a substantive due process right."

Because of the specific reasons argued for dismissal by the lawyer for Officer Eric McKinley, his case was separated from the other two, and the DA's office continued to pursue involuntary manslaughter case against McKinley.

Now, as Bay Area News Group reports, the DA's office is dismissing the charges, likely in an effort to clear the decks before an interim district attorney takes over the office, following the recall of Price.

The reason they give for the dismissal, though, is "inconsistent statements made under penalty of perjury" by the forensic pathologist who performed an independent autopsy of Gonzalez, Dr. Bennett Omalu. Omalu's conclusion, which differed from that of the county medical examiner, was that Gonzalez had died of "restraint asphyxiation." The original examination had cited multiple factors in the death, including alcoholism, obesity, and methamphetamine in Gonzalez's system.

And, apparently, they say Omalu is now a "hostile" witness.

"Although Dr. Omalu did not change his ultimate opinion on the cause of death, multiple key inconsistencies by this now hostile yet necessary witness led the People to conclude they could not meet their burden of proving Officer McKinley committed involuntary manslaughter beyond a reasonable doubt," the district attorney's office said in a statement.

Price's predecessor, Nancy O'Malley, declined to file charges against the officers, saying in April 2022 that the three men were "not criminally liable," and "the evidence does not justify criminal charges." But Price, as one of her first orders of business after taking office in January 2023, decided to reopen the case.

"As the District Attorney of Alameda County, I refuse to be silent,” Price said at the time. "I refuse to be complicit in murder, in racialized justice, in a failed system that does not respond to people suffering with mental health crises, that does not provide support to the community, and I understand that when police cross the line and murder and abuse and exploit people that that is a threat to public safety."

Gonzalez was loitering in an Alameda park on April 19, 2021 when some concerned neighbors called to report his odd behavior. The three officers arrived to question Gonzalez, who seemed incoherent and likely drunk, and a scuffle ensued when they decided to take Gonzales into custody. Gonzalez was pushed to the ground and was thrashing around, resisting efforts to put him in handcuffs. Ultimately, he appeared to stop breathing while in a prone position, not unlike George Floyd, though the officers insisted they weren't applying pressure to his back.

Gonzalez left behind a young son, and the city of Alameda agreed to pay $11 million to his family to settle a wrongful death claim in December 2022.

Previously: Charges Against Two Alameda Cops In Mario Gonzalez Case Dropped; Third Officer Still Faces Charges