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$4.9 million settlement reached in Kelly Thomas wrongful-death ...
src: www.ocregister.com

Kelly Thomas (April 5, 1974 - July 10, 2011) is a homeless person diagnosed with schizophrenia living in the streets of Fullerton, California. He was killed by six Fullerton Police officers, on July 5, 2011. Thomas was taken to St. Medical Center. Jude before being transferred to UC Irvine Medical Center, where he was in a coma on arrival and not expected to recover. He never realized, and died on July 10, 2011.

Medical records show that the bone in his face is damaged and he chokes on his own blood. The coroner concluded that thoracic compression made Thomas unlikely to breathe normally and lose his brain from oxygen. His parents removed him from a lifelong relief five days later, and he died of his wounds on July 10, 2011. Officer Manuel Ramos was charged with one count of second-degree murder and another unintentional murder; Corporal Jay Cicinelli and Officer Joseph Wolfe were each charged with one count of unintentional murder and an excessive force. All three pleaded not guilty.

A judge refused to dismiss the charges against officers in January 2013, finding that "a reasonable person can conclude that the use of force is excessive and unreasonable." An appellate court judge also rejected a request to overturn a lower court ruling. On January 13, 2014, Ramos and Cicinelli were found not guilty of all charges, while the trial for Wolfe was delayed. Following the verdict for the two officers, the county prosecutor's office announced it would not continue the case against Wolfe. On January 17, 2014, the allegations against Wolfe were dropped. and Cathy Thomas. Thomas, who was diagnosed with schizophrenia, was a "fixture" among the Fullerton homeless population. Thomas's death has sparked a debate about systemic reform in the treatment of mental illness.

Between 1990 and 2011, Thomas met 92 with police. These meetings range from minor infractions such as unauthorized entry to a plea guilty in an attack with a deadly weapon case sixteen years earlier.


Video Death of Kelly Thomas



Incident

On July 5, 2011, at about 8:30, officers from the Fullerton Police Department responded to a call from Slidebar management that someone ruined a car near the Fullerton Transport Center. While investigating, they find Thomas who is not shirtless and wobbly and trying to find him. According to the statement given by the officers, Thomas was uncooperative and refused when they were trying to find him, so the reserves were called. "Now you see my fist?" Fullerton police officer Manuel Ramos asked Thomas while wearing a pair of latex gloves. "Yes, what about them?" Thomas responded. "They are getting ready to mess you up," said Ramos, who Thomas replied, "Start punching, mate." The show's video appears. Thomas could be seen uncooperative with the officers, but sat down and was not aggressive. After the officers arrested Thomas to arrest him for the stolen letters they found, Thomas could be heard repeatedly screaming in pain as the officer overheard asking him to put his arm behind his back. He clearly replied, "Okay, I'm sorry!" and "I tried!" while the officer stretched his arms back. The police officers claimed that, unable to ask Thomas to fulfill the request, they used Taser to him (up to five times according to witness statements, and videotapes), and in the video Thomas could be heard shouting for father. Six officers were involved in subjugating Thomas, who was unarmed and had a history of mental illness. Thomas was originally taken to St. Jude Medical Center at Fullerton but was transferred immediately to UC Irvine Medical Center with severe injuries to his head, face, and neck. One paramedic testified that he was first instructed to treat a light policeman's injury and then realized Thomas lay unconscious in a pool of blood.

Orange County District Attorney Tony Rackauckas gave a detailed report on the events during a press conference on September 21, 2011. Using a digital audio recording device brought by officer, surveillance video from a pole camera at the Fullerton Transportation Center, and other evidence, Rackauckas provided evidence that Thomas did adhere commanded by Ramos, who was wearing rubber gloves and asked Thomas, "Now look at my fists? They are getting ready to mess you up." Rackauckas goes on to describe how Thomas pleaded for his life, before being repeatedly beaten by the officers. She was hospitalized, went into a coma, and died five days later.

Maps Death of Kelly Thomas



Aftermath

The story of his beating broke shortly before his death. The investigation into beatings was done by the Orange County district attorney beginning July 7, 2011, and then the FBI was involved. The decision to involve the FBI was praised by the American Civil Liberties Union, which claims the Orange County district attorney has a "bad" record when investigating shootings with police involvement.

Kelly Thomas was removed from life support and died on July 10, 2011, five days after the beating. Initial reports state that Thomas was very aggressive against the officers and the other two suffered broken bones. Later, the police department confirmed that no officer suffered a broken bone, and no one other than Thomas was seriously injured. By the end of July, some news outlets have picked up news and it has become international news.

On July 18, 2011, a large protest outside the Fullerton Police Department was organized by several people, including the father of the victim Ron Thomas.

On August 2, 2011 many members of the public talked about the beatings at a bi-weekly city council meeting at Fullerton City Hall. More than 70 community members spoke to the city council, most of whom criticized the police. Among the speakers were Ron Thomas, father of Kelly Thomas, and stepmother Kelly Thomas. The public comment session lasted for about three hours. City lawyers stressed that the city council was unable to respond to comments, but after a discussion period the public comment was given to clarify the city's policy on mental illness. In addition, Tony Bushala, a local developer and conservative activist, announced plans to recall three city council members who were deemed inadequate in response to the beating. The recall qualifies for voting in February 2012 with the selection of recalls scheduled for Don Bankhead, F. Dick Jones and Pat McKinley on June 5, 2012, consolidated with major elections across the state. On June 5, 2012 the three board members were summoned by Fullerton residents.

On Saturday, August 6, 2011, a large street protest was held outside Fullerton City Hall. The activist at the protest, which was attended by hundreds of people, called for the release of a video watchdog shot by a camera mounted on the bus depot and carrying signs with slogans like "Prison All Police Killers" and "End Police Brutality."

At the end of September 2011, the officers involved were arrested on murder charges. Local law enforcement personnel show support by raising money for their security and criminal defense.

Thirty days after the incident, six officers involved in beatings were placed on administrative leave with full pay and allowances. Some people, including two Fullerton City Council members, called for the resignation of police chief Michael Sellers, who was then placed on medical leave in August 2011 for undisclosed reasons. The seller continued his medical leave for 7 months and resigned on February 18, 2012 for never returning to work. 19,948 people have signed an online petition calling for the dismissal of all six police officers present during the beating.

Fullerton Town Council member Bruce Whitaker went on television to express his conviction that there was a concealment of Thomas's beating within the police department and that the six officers involved in the beating faked their reports of the incident.

The preliminary hearing to determine whether there is enough evidence for the trial held on May 9, 2012. The court ordered that two police officers involved be tried. Manuel Ramos was accused of a second-rate murder and accidental assassination, and Jay Cicinelli was charged with an accidental murder and crime act using excessive force. The two officers pleaded not guilty to the second indictment on July 13, 2012. The attempt by the defendants to dismiss the allegations was denied. In September 2012, Officer Joseph Wolfe was charged with being accused of unintentional assassination and excessive use of force.

On May 16, 2012, press reports indicated that Fullerton City Council had agreed to pay Thomas's mother a million dollars in settling her civil complaint against the city. This has no impact on the ongoing civil action by Thomas's father or criminal trial.

The trial for Cicinelli and Ramos is scheduled to begin October 18, 2013, but actually begins on December 2, 2013. Proceeding ends on January 13, 2014 with Ramos and Cicinelli being found not guilty of criminal allegations. After the verdict, the district attorney's office announced that it would not proceed with Wolfe's trial.

Protests came back after the release. On January 18, 2014, 14 people were arrested for protesting after ignoring the dispatching orders from the police.

On January 23, 2017, federal prosecutors announced that they would not file charges against former officials of Ramos, Cicinelli and Wolfe for violating Thomas' civil rights.

Slidebar Kitchen Involvement

In June 2012 Michael Reeves, a former employee of Slidebar Rock-N-Roll Kitchen, filed a lawsuit for a wrongful halt against Jeremy Popoff linked to the beating. Slidebar, owned by Popoff, guitarist for Lit, is the source of a call that causes police to report to the area and confront Thomas. Reeves, a bouncer at the time of the establishment, made a statement to an investigator who claimed that Slidebar had a policy of doing "whatever it took" to prevent bums from leaving the area and that his manager lied about Thomas breaking into a car when calling the police to ask them to respond more fast. He further claimed that Thomas was only roaming the area that night and it did not cause any problems. Immediately after making a statement to the investigator about what he saw that night he claimed his manager "got mad at him for that" and slowly began to take on his responsibilities, culminating with his dismissal two months later. Reeves also claims that Popoff wants everyone who works in Slidebar to act as if "Slidebar has nothing to do" with Thomas's beating and his refusal to echo these statements is the main reason why he was fired. Eric Dubin, a lawyer representing Slidebar and Popoff, claimed the suit was unfounded and should be dismissed immediately. Dubin claims that "All these are all copies of the blog and sold to some lawyers" and that, while the call came from Slidebar, "that he [the manager] never used the phrase 'breaking into a car.'" Dubin further claimed that "All something in the suit was 100% wrong "and Reeve's real reason was fired because of a confrontation with a manager in front of the customer. On June 12, 2012, Ron Thomas held a small meeting outside Slidebar to protest a false police report. Thomas and Popoff spoke during the show and Thomas later said that if the report is true, "then I do not have beef" but if there is any inconsistency then "I must do what I have to do".

One day after this statement, on June 13, 2012, after months of rejection, Slidebar owner Jeremy Popoff told John and Ken Show KFI that one of his employees, in fact, called the police on the night Kelly Thomas was beaten. He refused to say what the employee reported, citing a criminal investigation into Thomas's death, but said the recording of the call had been reviewed by the DA's Office and other investigators. Popoff and his lawyers denied claims of anti-homeless policies during a press conference.

The problem was finally solved in the settlement. This sparked a new protest in front of the Slidebar Kitchen.

Cause of death

On September 21, 2011, Orange County state attorney Tony Rackauckas held a press conference to announce the results of the investigation. Rackauckas announced that according to the coronary Orange County, the cause of death was "asphyxia caused by mechanical chest compression with cranial-facial blunt injuries suffered during physical squabbling with law enforcement." Rackauckas said Thomas died of the force of the officers on his chest, which made it impossible to breathe, causing Thomas to become unconscious. He then became a coma, and died when taken from life support five days later.

According to Rackauckas, the coroner stated that the wound on Thomas's face and head contributed to his death. Also contributing to his death are brain injuries, facial fractures and ribs, and the widespread bruises and abrasions he suffered during the beating, which made him lie in the "pool of blood", Rackauckas said. Toxicology reports show that Thomas does not have any illegal drugs or alcohol in his system. Thomas bleeds heavily and struggles and pleads, "I can not breathe," "Daddy, help me." DA stated that officers did not reduce their power level during the nearly 10 minute attack.

On the contrary. Gary Vilke (a professor of clinical emergency medicine at UC San Diego) testified for defense during the trial. He has been investigating deaths in detention for 20 years and has published a study of "mechanical compression." He testified, "I know he was breathing when the officers got out of him because he was still talking." "As far as the cause of death, it is not asphyxia." The defense also implies medical care could play a role in Thomas's death (hospital records reportedly show that the tube is placed in his throat to help his breathing have been pushed too far). Prosecutors dismiss this claim, saying that they do not apply and their value is not large enough.

Claim by father

Within days of the incident, Ron Thomas, the father of Kelly Thomas, sustained personal injury and civil rights lawyer Garo Mardirossian to represent him in civil action against the City of Fullerton and the officers involved. Mr. Mardirossian then held several press conferences to deal with allegations of crimes against Officers Manuel Ramos, Corporal Jay Cicinelli, and Officer Joseph Wolfe, and a civil suit filed against City. This press conference shows local, national, and international public interests, and puts pressure on the Orange County District Attorney to file criminal charges.

In the civil process, Cathy Thomas, mother of Kelly Thomas, paid $ 1 million. Cathy Thomas is represented by another lawyer.

Regardless of the subsequent guilty verdict in favor of Officer Ramos and Corporal Cicinelli, Mr. Mardirossian earned a $ 4.9 million settlement just before Manuel Ramos, the main actor, will testify at a civil jury trial. The settlement was blocking officers who were dismissed from being hired back by the Fullerton Police Department.

Criminal Trial

On January 13, 2014, Manuel Ramos was released from second-degree murder and unintentional murder in 2011 of Thomas's death. Jay Cicinelli was released from unintentional murder and excessive use of force.

Re-select selection

In the June 5, 2012 election, city council members Dick Jones, Don Bankhead and Pat McKinley were elected out of office. Each is chosen by an almost identical majority of nearly 66%. His successors are: Travis Kiger, planning commissioner and blogger for Friends for Fullerton's Future website, which fills the term Jones, which ends on December 4, 2012; Greg Sebourn, a land surveyor, who fills the term Bankhead, who also ends December 4; and lawyer Doug Chaffee, who fills the term McKinley, which ends December 2, 2012. All were sworn into office by July 2012. Tony Bushala, the leading organizer of the Fullerton recall election, said he sought accountability for the death of Kelly Thomas. Two other city council members are not facing a recall.

Termination of work

On July 3, 2012, Ramos's work was stopped. According to a statement issued by Fullerton Police, Joe Wolfe is no longer employed by the department on July 16, 2012 Jay Cicinelli is no longer employed by Fullerton Police on July 20, 2012.

Anonymous responses

In August 2011, the Anonymous Internet activist group demanded that the officers involved be prosecuted, Fullerton Police Chief resigned, and that the Thomas family was compensated US $ 5 million; they threatened to close the Fullerton township website if their demands were not met. In January 2014, after the involved police officers were released, Anonymous released their personal address, as well as the identity of the jury. On January 18 and 19, Anonymous downgraded several websites owned or run by police and Fullerton municipalities.

Kelly Thomas Case - NBC Southern California
src: media.nbclosangeles.com


See also

  • List of homicide by law enforcement officers in the United States

Defense Rests in Kelly Thomas Trial; Charged Officers Don't Take ...
src: s-media-cache-ak0.pinimg.com


References


Kelly Thomas case: 5 years later, feds say no criminal charges ...
src: www.ocregister.com


External links

  • Fullerton Stories wrote briefly about Thomas's life
  • Friends For Fullerton , blog with a wide range of events
  • Beating security record on YouTube

Source of the article : Wikipedia

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