Gaines, who’d initially sought treatment for COVID-19, died after three hospital staff members restrained him for several minutes during what they said was a “psychotic episode.” But anyone familiar with Gaines’ character found the notion preposterous. Soon, his death was under investigation by Berkeley homicide detectives as family, friends, and fellow members of the Hip Hop community who all demanded answers.

His family also hired Elizabeth Grossman of Law Offices of Elizabeth Grossman and Lyn Agre of Glenn Agre Bergman & Fuentes LLP, launching their own independent investigation into his death. 

Over a year passed without any new development, but on September 30, The Mercury News reported that Chief Forensic Pathologist, Dr. Vivian Snyder, had classified Gaines’ death as a homicide.

But curiously, no criminal charges are being filed.

Naturally, the news sparked a cascade of comments condemning the Berkeley Police Department and Alta Bates for what Gaines’ family and friends believe is a gross injustice. The hashtag #JusticeForZumbi started making the rounds on social media as people struggled to understand the decision, especially when police admitted they didn’t realize Gaines had blood coming out of his nose and was unconscious until after they placed him in handcuffs. Authorities have also refused to publish video of the incident, which the coroner’s report said captured the struggle that led to Gaines’ death.

District Attorney spokeswoman Angela Ruggiero said Berkeley police and prosecutors with the county’s DA’s office reviewed evidence from Gaines’ death before mutually agreeing it wasn’t criminal in nature. As she explained, “Both our office and Berkeley police reviewed the evidence in this case and concluded no criminal charges were to be filed.” 

A spokesperson for Alta Bates Summit Medical Center said the hospital “has fully cooperated with Alameda County’s investigation into this tragic incident” and added, “We defer to the authorities for any further comment.”

Gaines was in a good place before his death, working on new music and preparing for a Zion I tour. He’d just released a video with longtime collaborator Deuce Eclipse called “Back To Life.” Weeks earlier, he’d played a few shows with fellow Bay Area artists, Mac Mall and Equipto. During a stop in Denver, he mourned another Oakland hip-hop staple, Gift of Gab of Blackalicious, who passed away in June 2021. Nobody expected to be mourning him less than two months later.

Gaines’ mother, Carolyn, issued a statement in February via Instagram and vowed to get justice for her son. 

“Stephen Gaines, best known as Zumbi of Zion I, was my son,” she wrote. “These last six months of living his loss daily have been the most painful experience of my life. His one of a kind beauty lives on in his words and love of his sons which has made each of them amazing beings.

“I am dedicated to seeking justice for his killing. My son did not die from COVID. My son did not die from a heart attack. We are waiting for the Berkeley police to complete their homicide investigation. They say their delay is caused by not having a completed coroner’s report. I beg the officials to complete their official duties. I pray that as soon as the Alameda County District Attorney reviews the evidence that they will prosecute Alta Bates, Allied Universal and their employees for killing my beautiful son.”

Stay tuned as more developments occur.

UPDATE: Rock The Bells received a statement from Gaines’ lawyer and mother Carolyn Gaines. According to Berkeley-based attorney Elizabeth Grossman, The Mercury News misrepresented the facts of the case. Alameda County District Attorney Nancy O’Malley is, in fact, still reviewing the matter. 

As Grossman explained, “We are not sure who is responsible for the misinformation in the article, but I spoke directly with Nancy O’Malley today and a final decision has not been made.”

The statement continued, “This comes as a relief to the family and friends of Zumbi, including his mother Carolyn Gaines, who have been waiting for more than a year for the Coroner and Berkeley Police to complete their homicide investigation.” 

On Tuesday (October 4), Carolyn spoke with O’Malley for over an hour about the incident. She offered, “Nothing has been finalized on criminal charges related to my son’s death. I feel assured and confident that this case is not over and criminal charges remain likely. I am holding steadfast that the institutions responsible for my son’s death will be held accountable.”