The three Alameda police officers charged with involuntary manslaughter in the death of Mario Gonzalez are seeking to dismiss the criminal case against them because of a technical error involving filing the proper paperwork on time, according to their lawyers.
Lawyers who represent officers Cameron Leahy, James Fisher and Eric McKinley, filed a motion to dismiss on Sept. 6 in Alameda County Superior Court, arguing that while the felony charges were filed against their clients within the three-year statute of limitations, the necessary followup documents – either a probable cause statement or an arrest warrant – were not. "The District Attorney's error is fatal," the lawyers wrote.
" The DA's counter-motion is due Friday. Judge Scott Patton will hear the arguments on Sept. 20, when supporters of the late Gonzalez plan to rally in front of the Oakland courthouse, urging the judge to move forward with charges against the officers.The San Francisco Chronicle was the first to report the motion to dismiss.
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