Thread: Homeless Man Dies After Being Brutally Beaten by Five Fuller

Friday, 11 May 2012 04:23
Judge Sends Kelly Thomas Murder Case to Trial
Written by Raven Clabough



Judge Sends Kelly Thomas Murder Case to Trial

On Wednesday, Judge Walter Schwarm ruled that two Fullerton, California police officers — Manuel Ramos and Jay Cicinelli — will have to stand trial in the death of a schizophrenic, homeless man, Kelly Thomas, after they mercilessly beat him for over nine minutes last year. The ruling followed an emotional three-day hearing where prosecutors showed a video of the beating, and images of Thomas following the incident.

Judge Schwarm ruled there was enough evidence to believe “Mr. Ramos and Mr. Cicinelli are responsible for those felonies as charged.”

The two officers are permitted to remain free on bail but are ordered to report back for a hearing on May 22.

"I'm overwhelmed. In this war we've been fighting this is a new battle," said Thomas' father, Ron Thomas, a former Orange County Sheriff. "But we got a victory today."

Last July, six Fullerton officers approached Kelly Thomas at the bus depot in downtown Fullerton while responding to a report of someone trying to break into cars. Witnesses say Thomas ran when the officers attempted to search his bag. Witnesses also say the officers then surrounded and savagely beat unarmed Kelly Thomas, 37. By the time the cops were through, Thomas’ face had been beaten so badly it appeared as if it has been through a meat grinder. Video footage of the incident reveals the cops beating Thomas with a baton and Taser, and kicking his head and face with their boots.

Thomas died five days later, after being removed from life support. Hospital records showed that the immediate cause of death was “brain death” due to “head trauma.” Records also showed that Thomas suffered from broken ribs, a shattered nose, a smashed cheekbone, and severe internal bleeding. They also showed that Thomas was shocked with a stun gun several times, including around his heart.

Following the horrific incident, members of the community, including Orange County Supervisor Shawn Nelson and Fullerton City Councilman Bruce Whitaker, held a vigil for Thomas, and called for a thorough investigation of the event.

Protesters continue to hold weekly protests outside of the police station, and are leading a recall campaign against three City Council members.

One year later, after careful review of over 150 witness statements, videos of the beating, medical reports, and police statements, Police Officer Manuel Ramos is being charged with second degree murder, and Corporal Jay Cicinelli is being charged with involuntary manslaughter in the brutal death of Kelly Thomas. Both officers have pleaded not guilty.

While the entire incident was captured on video, the officers’ defense attorney is challenging a trauma surgeon to review the brutal video and pinpoint the moment when a police officer may have delivered a fatal blow. The defense attorneys hope to make the case that it was in fact the medics who treated Thomas that caused his death.

The video of the incident was shown in the courtroom during the preliminary hearing. The Los Angeles Times notes, “The video and sound of fists and a baton connecting with Thomas was graphic enough that several spectators in the courtroom left, and the judge paused the video at one point as some in the audience began to groan. He cautioned that those who couldn’t watch the video should leave.” Likewise, a photograph of the bloody image of Thomas’ face following the police encounter provoked gasps from the audience.

In the graphic video that captures the entire murder, Police Officer Manuel Ramos is heard saying to Thomas, “See these fists? They’re getting ready to f*** you up?” Orange County District Attorney Tony Rackauckas is making the case that Ramos’ actions provoked Thomas into a “fight-or-flight” reaction and “turned a routine encounter into a brutal beating death.”

Cicinelli is heard on video telling his fellow officers, “We ran out of options so I got the end of my Taser and I probably … I just start smashing his face to hell.” The video transcript also shows Cicinelli saying, “he was on something. 'Cause the three of us couldn’t even control him.”

Because the prosecutors’ case is focused more on the provocation than whether or not the officers’ issued deadly blows, however, some contend this will be a more difficult case for the prosecution to prove.

"In other cases, you typically have the officer using deadly force," said Ira Salzman, a Pasadena-based attorney who has defended police officers.

Similarly, Jody Armour, a USC law professor who has studied cases of excessive police force, contends this case is unique.

"This is really unusual," he said. "This is a prosecution believing it has facts to support a difficult charge to prove."

Meanwhile, the defense is intent on proving that the police did not use deadly force.

"Is there a particular act that actually had the effect?" asked John Barnett, the attorney for Manuel Ramos, one of the two officers charged in the case.

According to UCI surgeon Michael Lekawa, the damage to Thomas was cumulative, and that the increasing physical effort used by the officers to subdue Thomas resulted in Thomas having difficulty breathing, which led to inadequate oxygen levels in the blood.

"It happened over time," said the head of trauma surgery at UCI.

When pressed on the issue by the defense attorneys, who subjected Lekawa to nearly 20 minutes of the graphic video, Lekawa said that the moment that might have caused Thomas’ death was when an officer pressed on Thomas’ torso.

Lekawa said that “200 pounds of weight is enough” to cause a deadly lack of oxygen. He notes that Thomas “appears to be struggling to breathe.” Thomas said several times in the video that he could not breathe.

"The ongoing compression of his chest ultimately led him to have a respiratory arrest," Lekawa said during the hearing to determine whether sufficient evidence exists for the officers to stand trial.

At the same time the officers were applying chest compression, they shocked Thomas with a Taser and hit him several times with the butt of the Taser.

Cicinelli’s attorney Michael Schwartz is attempting to argue that the paramedics’ performance of CPR after Thomas’ heart rate stopped may have caused the problems that led to Thomas’ death. Lekawa said CPR compressions could have contributed but that Thomas’ problems ultimately began earlier, when the video showed he was no longer responsive.

Once again, the Kelly Thomas murder has scarcely received national attention. Most reports on the case are coming out of local outlets. Ben Shapiro of Breitbart.com contends the lack of attention is motivated by racial factors.

"The media attention surrounding Thomas' death has largely been local in nature; few national stories have focused on the beating. That's no doubt due to the fact that Thomas is white; were he black, the media certainly would have jumped on the racial angle," writes Shapiro.

When one considers all of the media coverage of the Trayvon Martin case, Shapiro may have a point.

Analysts are hopeful that the case will draw attention to police brutality, which has shown to have increased since 9/11. A 2007 report from the Justice Department showed a 25 percent increase of cases in which law enforcement authorities have used excessive force or other tactics to violate civil rights between the years 2001 and 2007.

And it appears that the U.S. government and law enforcement agencies are intent on keeping that information under the radar. According to the British publication The Guardian, Google has resisted demands from a U.S. law enforcement agency to take down YouTube videos that allegedly show police brutality. Google indicates that there has been a 70 percent rise in takedown requests from the U.S. government and police.

Photo: A photo provided by the Orange County District Attorney's office shows Fullerton Police Officers Jay Cicinelli, left, and Manuel Ramos: AP Images

Judge Sends Kelly Thomas Murder Case to Trial

Police Hunt Man for Sport

Infowars.com
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Officer in Calif. Homeless Killing Case Leaves Job
By THE ASSOCIATED PRESS
Published: July 10, 2012 at 11:17 PM ET

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FULLERTON, Calif. (AP) — Police say a Southern California officer charged with murder in the death of a mentally ill homeless man is no longer working for the department.

Acting Fullerton police Chief Dan Hughes said in a statement Tuesday that Manuel Ramos left the department July 3.

Hughes withheld further details, citing city personnel rules, but the Orange County Register reported in May that Ramos and the other officer charged in the case, Cpl. Jay Cicinelli, received letters from Hughes saying he intended to fire them.

Hughes said Cicinelli remains on unpaid leave.

The officers have been ordered to stand trial in the death of Kelly Thomas, who suffered from schizophrenia and died five days after a July 5, 2011, confrontation with six officers who suspected him of breaking into cars.

Information from: Los Angeles Times, Los Angeles Times - California, national and world news - latimes.com


http://www.nytimes.com/aponline/2012...h.html?_r=1&hp

'Mind' of a 'Normal' Statist Sociopath; Ramos's Lawyer: Kelly Thomas @ fault for his OWN Death!

Submitted by AnCapMercenary on Thu, 08/23/2012 - 16:56
Peace / War
California

Just when you thought you've heard it all from lunatic statists, then comes this:

Attorney for Fullerton Cop Manuel Ramos: Kelly Thomas Was Responsible for His Own Death

Mike Riggs|Aug. 22, 2012 11:31 am

The attorney for former Fullerton Police Department officer Manuel Ramos attempted to have his client's charges dismissed yesterday by arguing that Kelly Thomas, the homeless man Ramos helped beat to death, was asking for it:

Seeking to have charges dismissed against a Fullerton police officer in the death of a mentally ill homeless man, his attorney contends in a motion filed Tuesday that Kelly Thomas could "have avoided a physical altercation" by simply complying with the commands of the officer who wanted to take him into custody.

Defense attorney John Barnett in his filing just days before his client Manuel Ramos is due back in court argues Ramos' action did not cause Thomas' death.

When a "recalcitrant" Thomas did not comply, Ramos was entitled to use force and the threat of force to complete his arrest, Barnett contended in his 80-page motion.

"Rather than use actual force, Officer Ramos employed a lawful, conditional threat, to use force," he wrote. "The death of Kelly Thomas was not the natural and probable consequence of that lawful threat."

"What happened (during the encounter) did not and could not constitute a crime," Barnett said.

That "Lawful, conditional threat"?

Sure, Kelly's magic fist pummeled his own face and choked his own throat to death.

Hm... here I thought, even to these degenerate statist sickos, the notion that a woman who dresses alluringly is NOT 'asking to be raped,' was a long foregone 'legal' conclusion. No??

Yes! Govt 'values' your life! Um... except when it doesn't... like EVERY SINGLE TIME??

'Mind' of a 'Normal' Statist Sociopath; Ramos's Lawyer: Kelly Thomas @ fault for his OWN Death! | Peace . Gold . Liberty | Revolution

Attorney for Fullerton Cop Manuel Ramos: Kelly Thomas Was Responsible for His Own Death

Mike Riggs|Aug. 22, 2012 11:31 am

The attorney for former Fullerton Police Department officer Manuel Ramos attempted to have his client's charges dismissed yesterday by arguing that Kelly Thomas, the homeless man Ramos helped beat to death, was asking for it:

Seeking to have charges dismissed against a Fullerton police officer in the death of a mentally ill homeless man, his attorney contends in a motion filed Tuesday that Kelly Thomas could "have avoided a physical altercation" by simply complying with the commands of the officer who wanted to take him into custody.

Defense attorney John Barnett in his filing just days before his client Manuel Ramos is due back in court argues Ramos' action did not cause Thomas' death.

When a "recalcitrant" Thomas did not comply, Ramos was entitled to use force and the threat of force to complete his arrest, Barnett contended in his 80-page motion.

"Rather than use actual force, Officer Ramos employed a lawful, conditional threat, to use force," he wrote. "The death of Kelly Thomas was not the natural and probable consequence of that lawful threat."

"What happened (during the encounter) did not and could not constitute a crime," Barnett said.

That "Lawful, conditional threat"?

[District Attorney] Rackauckas said Ramos triggered the sequence of events that led to the fatal fight when he snapped on latex gloves, turned to a sitting Thomas and threatened, "You see these fists? ... They are getting ready to f--- you up."

The Orange County Register has more on Barnett's attempt to have the charges against Ramos dismissed. His whitewash is almost as infuriating as that of Jay Cicinelli's stepfather, a retired cop who claims that what happened to Thomas "wasn't a beating; it was a struggle."

The video from that night contradicts both men's claims.



Continued Below

Reason.tv on Cops Vs. Cameras: The Killing of Kelly Thomas & The Power of New Media:


Mike Riggs is an associate editor at reason.com.
Follow Mike Riggs on twitter @mikeriggs

Attorney for Fullerton Cop Manuel Ramos: Kelly Thomas Was Responsible for His Own Death - Hit & Run : Reason.com

Kelly Thomas: Unbelievable fatal police brutality case set to hit trial

Posted by David French On November 14, 2013 4 Comments




Jury selection will get underway in mid-November in the precedent-setting trial of two former Fullerton police officers charged with fatally beating a homeless man in July 2011, an Orange County judge announced Monday.

Opening statements in what could be a five-week trial for Manuel Ramos, 39, and Jay Cicinelli, 41, are expected Nov. 18 and the case could be handed to the jury by mid-January 2014, Superior Court Judge William Froeberg said.Ramos is charged with second-degree murder and involuntary manslaughter in the death of Kelly Thomas, a mentally ill homeless man who died five days after a July 5, 2011, brutal confrontation with Fullerton police in the parking lot of the Fullerton Transportation Center.

Thomas, 37, was wrestled to the ground, pummeled, struck with a baton and a stun gun and handcuffed during a 30-minute encounter with first two and then six Fullerton police officers as he was being questioned about a report of somebody trying to open the doors of parked cars.


The confrontation was captured by a surveillance video camera.

Ramos is the first policeman in Orange County history to be charged with murder for an on-duty incident. He could be sentenced to 15 years to life in prison if convicted of murder; four years if convicted of involuntary manslaughter. Cicinelli, the third officer on the scene, who used the stun gun to jolt Thomas and then used it as weapon to hit him in the face, is charged with involuntary manslaughter and assault under color of authority. He could get up to four years in custody. Defense attorneys John Barnett and Michael Schwartz will contend Ramos and Cicinelli were doing their jobs and that Thomas initiated the beating by failing to abide by a lawful order.

Further details are coming out that the officers knew Kelly Thomas was mentally ill beforehand.

A third officer, Joseph Wolfe, 37, was indicted by the Orange County grand jury on involuntary manslaughter and excessive-force charges a year after Ramos and Cicinelli were charged. He is scheduled to appear in Froeberg’s court Oct. 18 for a pretrial hearing. Hundreds of jurors are expected to fill out questionnaires about their knowledge of the case for attorneys to evaluate for the final jury selection process, now scheduled to begin Nov. 12.

Candidates will be vetted to find a large enough pool of citizens who can sit on a trial that could last up to two months (with time off for Thanksgiving, Christmas, New Year’s and Hanukkah) without being a hardship.

“The wheels of justice turn slow, but for us they have been turning,” said Thomas’ father, Ron Thomas, outside the courthouse, in comments after the hearing Monday.

“We’re the only family in Orange County history that has taken on duty officers to trial for murder,” he said. “We have a good feeling about this.

“I think the biggest factor in this which will help us is Kelly,” Ron Thomas added. “It’s the video, the audio, it’s all there.”

Kelly’s mother, Cathy Thomas, stood next to Ron Thomas as he spoke, a button with her son’s picture pinned on one side of her dress and a blue ribbon on the other that read “Kelly Matters. Yesterday, today & tomorrow.”










http://universalfreepress.com/kelly-...-to-hit-trial/

Officers Acquitted in California Homeless Death

ABC News

- ‎2 minutes ago‎

Two California police officers who were videotaped in a violent struggle with a homeless man during an arrest were acquitted Monday of killing him . . .