Six California police officers placed on leave in homeless man's death
Six California police officers placed on leave in homeless man's death
By Michael Martinez and Zohreen Adamjee, CNN
UPDATED: 09:18 PM EDT 08.03.11
Six Fullerton, California, police officers were placed on involuntary administrative leave as the FBI and Orange County District Attorney investigate the death of a homeless man who was in police custody, authorities said Wednesday.
The decision by Police Chief Michael Sellers came just hours before a contentious Fullerton City Council meeting Tuesday evening. More than 100 residents spent three hours at the meeting expressing outrage about the death of Kelly Thomas, who sustained serious injuries during the July 5 arrest by the officers, a police spokesman said.
"They're pretty much homebound," police spokesman Sgt. Andrew Goodrich told CNN Wednesday. "The officers will remain on salary; their names weren't released," he said.
"Any sort of termination, suspension or exoneration for the matter will occur at the end of the investigation," Goodrich said.
During Tuesday evening's council meeting, Thomas' father, Ron, expressed anger about how his son died in police custody. He accused the police of beating his son.
"I just wonder where my son's rights went as a citizen," Thomas told the council. "Where were his rights? Listen to my son beg those officers, 'Please, please, God, I'm sorry, I'm sorry.' And the last words of his life, 'Dad! Dad!' I want you to hear that for the rest of your life like I will."
The FBI is investigating whether Kelly Thomas' civil rights were violated during the incident, said Laura Eimiller, spokeswoman for the FBI's Los Angeles office.
The Fullerton police have classified the incident as an "in-custody death," Goodrich said.
The incident between Kelly Thomas and the police officers, at a Fullerton bus depot, was captured on video, local authorities said.
"There are things that you can see and there's things you can't," Susan Kang Schroeder, chief of staff for the Orange County District Attorney's office, told CNN about the video. "Your heart is sad watching what happens in the case."
So far, the district attorney's office has interviewed 80 persons, and it is expected to interview 20 more, Schroeder said.
Authorities haven't established an official cause of death and are awaiting results from a coroner's autopsy and toxicology tests, Schroeder said.
On July 5 at around 8:30 p.m., officers responded to reports that a man was trying to break into cars near the city bus depot three blocks from city hall, police said.
Fullerton is 30 miles southeast of downtown Los Angeles.
The responding officers identified the suspect as Kelly Thomas, 37, a homeless man who frequented the area, police said.
An altercation took place between the police officers and Thomas. Thomas sustained serious injuries during his arrest and was taken to a local hospital, police said. Five days later, Thomas was removed from life support and died, police said.
Upon the police department's request, the Orange Country District Attorney took over the investigation of the case, police said.
California cop pleads not guilty in homeless man's death
By Michael Martinez, CNN
UPDATED: 06:59 PM EDT 09.21.11
A Fullerton police officer pleaded not guilty Wednesday to charges of involuntary manslaughter and felony use of excessive force in the beating death of a mentally ill homeless man who died after a police arrest.
Cpl. Jay Patrick Cicinelli was released Wednesday on $25,000 bail, according to his attorney and a spokeswoman for the prosecutor.
Meanwhile, the arraignment of the officer facing more serious charges, Manuel Anthony Ramos, was continued to September 26 at the request of his attorneys. Ramos was being held Wednesday after Orange County Superior Court Judge Erick L. Larsh set his bail at $1 million.
Ramos, who is 37 and a 10-year veteran of Fullerton police, is charged with second degree murder and involuntary manslaughter in the beating death of Kelly Thomas in July.
Thomas' father, Ron, urged the judge not to reduce Ramos' bail from $1 million because of "the horrible manner in which my son was murdered."
The September 26 court hearing, however, will also review Ramos' bail.
The judge ordered both officers to surrender their guns within 24 hours. He also set a pretrial hearing for Cicinelli on November 4.
The charges were announced Wednesday by the Orange County prosecutor.
The actions of Ramos "were reckless and created a high risk of death and great bodily injury," District Attorney Tony Rackauckas told reporters.
Ramos faces a maximum sentence of 15 years to life if convicted, authorities said.
Cicinelli, who is 39 years old and a 12-year veteran of Fullerton police, faces a maximum of four years in prison if convicted.
Kelly Thomas, a 37-year-old homeless man with schizophrenia, was beaten by police during an altercation and died five days later. The FBI is also investigating civil rights violations in the case.
Six Fullerton officers, including Ramos and Cicinelli, were put on paid leave after Thomas' death. The case drew widespread attention to the police department of Fullerton, located about 25 miles southeast of downtown Los Angeles.
Since then, two other brutality allegations have been made by men who were allegedly injured by Fullerton police last year, and officer Kenton Hampton has been placed on paid leave in connection with one of those two complaints, a department spokesman said. Hampton, 41, is a five-year veteran of the Fullerton police, prosecutors said.
The other four officers in the Thomas death -- Hampton, Officer Joseph Wolfe, Sgt. Kevin Craig and Cpl. James Blatney -- were not charged because "the evidence does not show knowing participation in an unlawful act on the part of these officers," the prosecutor said in statement.
Ramos, who is accused of setting into motion the events that led to Thomas' death, made initial contact with Thomas on July 5 after police received a call about a homeless man looking in car windows and pulling on handles of parked cars, Rackauckas said.
Cicinelli, who arrived at the scene later, is accused of using excessive force when he allegedly assaulted and beat Thomas, "acting recklessly, under the color of authority without lawful necessity," the prosecutor's office said.
Cicinelli is accused of using the front end of his Taser to hit Thomas in the head and face eight times while Thomas was pinned to the ground by other officers and was making no audible sounds, indicating that Thomas was "down and seriously injured," the prosecutor's office said.
Ramos made "a deliberate showing of putting on Latex gloves" in his detention of Thomas, Rackauckas said.
Ramos is accused of making two fists with his gloves still on in front of Thomas, the prosecutor said.
"He lifted his fists to Kelly Thomas and he said, 'You see my fist? Now they're getting to ready to F you up,'" Rackauckas told reporters, using "F" instead of the full profanity.
Rackauckas said Ramos' conduct was unacceptable and "not protecting and serving" the public."
Ramos had to know that he was creating a situation where Kelly Thomas feared for his life and was struggling to get away from an armed officer who was going to 'F' him up," Rackauckas said.
The district attorney said he viewed a bus depot surveillance video of the beating. The video shows 16 minutes passed from the initial contact by police to the start of the beating and alleged unlawful police conduct, the prosecutor said.
"It's heartrending. It's hard to watch and listen to. It's a person saying he's sorry, calling for his dad and asking for help. He seems to know that it's over just before it is. It's just sad. It's heartbreaking. It's hard to listen," Rackauckas said of the video.
"Officer Ramos had prior contact with Kelly Thomas and he knew Kelly Thomas and who he was. He was a homeless drifter who frequented that area," Rackauckas said.
In all, prosecutors also reviewed video from two cell phones and bus camera videos, statements by 151 witnesses, police reports written by all six officers, the coroner's report, medical reports, and the batons and Tasers of the officers, Rackauckas said.
Asked about the charged officers' motive, the prosecutor responded: "That's a pretty good question. It just appears from watching the video that the officer became increasingly angered with Kelly Thomas as this goes on."
"Ramos is accused of instructing Thomas to put his legs out straight and place his hands on his knees, but Thomas had difficulty following Ramos' instructions," Rackauckas said in his statement. "Thomas appeared to have cognitive issues."
The physical altercation began at 8:52 p.m. and lasted nine minutes and 40 seconds until Thomas was handcuffed and no longer moving, the prosecutor said.
"Throughout the physical altercation, Thomas struggled, yelled and pleaded, 'I can't breathe,' 'I'm sorry, dude,' 'Please,' 'OK, OK,' 'Dad, dad,' and 'Dad, help me.' Thomas was severely bleeding but the officers did not reduce their level of force. Throughout the struggle, Thomas' actions were defensive in nature and motivated by pain and fear," the prosecutor added in a written summary of the incident.
Responding to the altercation, Cicinelli is accused of kneeing Thomas twice in the head and using his Taser four times on him, including three times as a "drive stun," or direct application on the skin, for about five seconds each, the prosecutor said. The fourth time was a dart deployment, in which two darts connected to wires are ejected and stick to the skin or clothing, for about 12 seconds.
"Thomas screamed and yelled in pain while being Tased," the prosecutor's summary said.
Cicinelli is accused of using the stun device "unreasonably and unnecessarily" because Thomas was pinned to the ground by several officers and was vulnerable with his head and face exposed, the prosecutors said. "The biggest shame about this case is the fact that it could have been avoided," Rackauckas said in his statement. "This never had to happen, and it never should have happened."
After announcing the charges during a news conference, Rackauckas held a private meeting with Thomas' father, Ron, and his attorney.
After that meeting, Ron Thomas told reporters that he was "very, very happy" with the outcome of the prosecutors' investigation.
"Tony Rackauckas made it very clear that this murder charge will not be reduced," Thomas told reporters. "We came in here expecting the worse and got the best. He's extremely serious about prosecuting to the fullest extent."
Prior to the news conference, Thomas told CNN that he would like to see two of the six officers charged with manslaughter because, he said, "the other four weren't as involved."
Regarding all six officers involved in the arrest of his son, Thomas added: "They should all lose their jobs and not be allowed to work in law enforcement."
But the prosecutor said any firing would be a decision by the Fullerton Police Department.
A family attorney for Thomas has already publicly released Thomas' hospital and medical records showing that he was brain dead by the time he reached the hospital after the incident. Thomas had no narcotics or prescription medicine in his body, the attorney said.
According to the medical records released by the family attorney, Thomas died from brain injuries as a result of head trauma. He also suffered multiple broken bones in his face and rib fractures, and he was shocked multiple times near his chest cavity and on his back with a police Taser, the family attorney said.
Thomas suffered nose and brain trauma and smashed cheekbones, according to the medical records. The family attorney accused police of using their stun devices to deliver some of the head and face blows.
The medical reports provided by the family attorney said Thomas suffered internal bleeding, and Thomas also choked on his blood, the family attorney said.
Several bystanders witnessed the encounter and others recorded portions of the beating on cell phones, according to the family attorney.
The incident began after six officers responded to reports of a man attempting to break into cars near a bus depot just blocks from Fullerton City Hall, according to police.
Following the beating, there was no evidence that vehicles were burglarized, nor was Thomas in possession of any stolen property, according to the Thomas family attorney.
Thomas was taken off life support five days after the July 5 incident.