Sunday, August 07, 2011

Fullerton, CA Police Facing a Firestorm Following Suspect’s Death

Fullerton, CA---The Fullerton Police Department is comprised of 153 sworn officers that patrol this Los Angeles suburban community.

A mentally ill homeless man, Kelly Thomas, 37 was investigated by patrol officers for a vehicle burglary. A deadly melee erupted during an attempted arrest. Little has been made public about the incident other than the slightly built suspect was tasered more than once, screamed for help and died. Six officers were involved in the melee and two of them reportedly suffered broken bones.

Immediately, members of the public, news media and at least two members of the City Council rushed to judgment assuming a murder was committed by officers acting under color of law.

The entire event was reportedly captured on city surveillance video that has yet to see daylight. We can only guess what the video shows.

On its face, the incident appears to be an act of manslaughter or worse by the officers. Thanks to modern surveillance camera technology, medical forensics and obligatory interviews the matter can be fully and fairly investigated. The gossipmongers and the police haters need to step aside.

The FBI is conducting a probe to see if Thomas’ civil rights were violated. The department and prosecutors are in the process of making a comprehensive review of this death. Speaking of death, the Medical examiner’s report was not yet released so we don’t know what caused Thomas’ death.

This is a case where the public, Thomas’ family and the officers deserve no less than a full and impartial investigation. If there was a crime committed by the officers I’d fully support appropriate prosecution.

This investigation can’t be about judging the officers by the emotional behavior of those out to lynch the involved cops. It’s grossly unfair for anyone to scream cover-up during the ongoing investigation.

Let’s let the case unfold and deal with real evidence rather than hate.

It appears that Kelly Thomas was victimized long before he died by his own family, the government and medical providers. They all failed to intervene and help this troubled fellow. No matter what, this was a tragic and troubling event.

I also fault the pathetic public records laws of the State of California for causing unnecessary suspicion through a vile form of secret government.

12 comments:

Det. Shaved Longcock said...

I love the bullshit acting by the parents. Crying how they just wanted to hold him again....

Well if that was the case, why was he HOMELESS and NOT TAKING HIS MEDICINES?

It's sad to see anybody die but when you have a mentally ill subject who was ABANDONED by his family and not taking his medicines..

I rather see the cops kill him in a fight than the mentally ill subject murdering a little child or adult.

fatfred said...

The city of Fullerton offered the parents $900,000.00 to go away.
It didn't work.

Anonymous said...

Agreed we don't know exactly how Kelly Thomas died but the photos and videos don't seem to help or support the police involved.

Also I wouldn't be so sure that Kelly Thomas was totally crazy. After all he was crying for his Dad just before he lost consciousness.There is a great movie called "One Flew Over The Cuckoos Nest" showing a snuffed out a life, but that character was not crazy, just in the wrong place, with the wrong people, just like Kelly Thomas was.

Other people have said that Kelly Thomas was "schizophrenic" but I wouldn't trust that label or those who labeled him, necessarily!

ALSO just because Kelly was not compliant does not mean he should lose his life and be hacked to death.

He should have received handcuffs THAT'S IT. And do we even know that he was the car burglar? And even if he was - does he deserve to have his face smashed in - in this way. After all the police are not the law - the sentence was to be determined by a court of law.

There are many problems in California regarding secrecy which assists a serious problem of police brutality, Official corruption and lack of accountability in California by officials aided by the 9th Circuit Court of Appeals and even the US Supreme Court.

The Califonria Federal Courts are aiding and abetting in guaranteeing that California people’s civil rights will continue to be snuffed out, and violated with impunity in California by certain police who at times cover up frame and then after assault and batter the victim , or through use of corrupt California judges and/or prosecutors.

The California Federal Courts are currently using ridiculous decisions as Pony v. County of Los Angeles 433 F3d 1138 (2006) which relates specifically to California to terminate civil rights cases in California, even though this 2006 ruling conflicts with Federal U.S. Constitutional law, Supreme Court decisions, and the intent of the applicable Federal Civil Rights Statutes such as 42 USC 1983, 42 USC 1985, and 42 USC 1988 and the civil rights act itself..

See Links below for the Pony case:

http://caselaw.findlaw.com/us-9th-circuit/1095926.html

Pony v. County of Los Angeles 433 F3d 1138 (9th Circ. January 11th 2006) was written by Judge Jay S. Bybee who was promoted to becoming a 9th Circuit Court of Appeals Judge exactly 1 year after ratifying the TORTURE MEMOS for the Bush Administration.

In addition the US Supreme Court is not helping with decisions like Los Angeles City v. Lyons 461 U.S. 95 (1983)

http://www.oyez.org/cases/1980-1989/1982/1982_81_1064

Since Californa police have found new ways to kill people and don't need chokeholds any more.

If the death of this man - is what it seems to point to in the photo - that the police became irrational and went ballistic- this is not just a problem of rogue police and sleeping California police chiefs & Officials who turn a blind eye,

This is a problem in the same vein as Watergate, and Rupert Murdoch's phone hacking scandal where there is implicit knowledge and approval from executives at the top about the Police misbehavior, but the end justifying the means, and it doesn't matter if the means is criminal - or beyond the pale using extreme excessive force, and cover-up.

It is a problem that reaches deep, is entrenched and continues all the way up the court system and which gives police a license to kill its citizens, even if the killing is not justified.

Anonymous said...

Wow, that is messed up. I thought that the picture was of a black man. His face has been so battered that it is unrecognizable. I have to go out on a limb here and assume that the cops used excessive force, but before I make my final judgement I would need to see all the facts, including any videos. Law enforcement officers are trained to NOT intentionally strike the head. This guy looks like he was run over by a truck. I hope the video exonerates the coppers, but I'd be surprised if that was the case. Bear in mind that even a small individual can possess extraordinary strength if he is on drugs or is mentally ill. It will be interesting to find out what really happened.

Anonymous said...

Taser kills.

Anonymous said...

PBS Special on Kelly Thomas

http://www.youtube.com/watch?v=K2mKnA8Od5w&feature=player_embedded#at=38

Private Investigator Austin Texas said...

The police are entrusted to keep us safe not victimize us. How in the world could a man be beaten that badly while in police custody?

Mark Stouffer said...

You say, "It’s grossly unfair for anyone to scream cover-up during the ongoing investigation." But then you say, "I also fault the pathetic public records laws of the State of California for causing unnecessary suspicion through a vile form of secret government."

You say, "Let’s let the case unfold and deal with real evidence rather than hate." But then your next sentence starts, "It appears that Kelly Thomas was victimized long before he died by his own family..."

You say, "Six officers were involved in the melee and two of them reportedly suffered broken bones." But it turns out they did not suffer from broken bones. They didn't find any evidence he was braking into cars.

How long should we wait while the police beat people to death and city officials cover it up? Are the police and city officials really such angels that we should believe they always have our best interests in the front of their minds? What process of election or training removes from them the need for oversight and review? How can we trust them when the surveillance video we paid for and consent to is being used like their own little play-toy?

Mark Stouffer said...

It is shocking that you, as a former law enforcement officer, failed to mention that Kelly Thomas's father, Ron Thomas, is a former law enforcement officer.

Ron Thomas specialized in arrest and take-down techniques. He trained other agencies in these techniques. He knows what he is talking about. Don't you trust other law enforcement officers? Who are you really pandering to here???

Kelly's grandfather was a law enforcement officer. His great-grandfather was a law enforcement officer. Who are you sticking up for man?

Crimefile said...

Mark,

Your seething hatred and anger have jaded your judgment. You don’t want an objective investigation you want blood and billions awarded to the estranged father of the dead man.

1. The Kelly was unstable, had deplorable personal hygiene and could not function well enough to live with his father.
2. There was a failure long ago to institutionalize Kelly because he was an apparent danger to himself if not others.

What was the cause and manner of death?
What mind-altering substances were in the system of the decedent?
What’s the relevance that the lad’s father once was a cop?

This probably was a homicide. Was it accidental, justifiable or perhaps a homicide incidental to criminal excessive force? All the screaming, yelling and demonstrating will not bring the deeply troubled lad back to life. The case is under intense investigation.

We have in place layers of protections at every lever of government, local, sate and federal. The father has hired a very competent lawyer who is working very hard to collect his 30 or 40 percent of any recovery. He will depose every witness under oath and there will be little he won’t uncover with his investigators and forensic experts.

These things take time and there will be no instant gratification for anyone.

I have not taken any side here other than to hope the investigations both civil and criminal are fair to all. As an investigator I continue to work these cases gathering evidence for the courtroom. Often the civil side of these cases, settle out of court. We have no choice but to let justice take its course

I don’t give a rat’s ass how many cops are in Kelly’s family. I care about all cops following their oaths of office!

Anonymous said...

What is past is prologue!

http://www.youtube.com/watch?v=Q34OSPw17o4

The movie “Chinatown” not only shows what happened in California a very long time ago, but also predicts how California is run today what with secret investigations and secret trials hidden from the PUBLIC VIEW, AND WHAT WITH CALIFORNIA POLICE (AND OFFICIALS WHO ARE IMMUNE FROM SCRUTINY) HAVING THEIR OWN SPECIAL BILL OF RIGHTS

http://www.kfiam640.com/cc-common/podcast/single_page.html?podcast=JohnandKen&selected_podcast=JK0916114P_1316217919_4686.mp3

Only 10 years ago CALIFORNIA GOVERNOR GRAY DAVIS changed the law to allow the police to be exempt from scrutiny under the California Public Records Act, which means that none of the details of a police brutality or a police murder of a California citizen (resident or alien) are released until the eventual civil trial.

AND AN UNSTABLE AND/OR CRIMINAL POLICE OFFICER IS NOT TAKEN OFF THE FORCE BUT IS MERELY REASSIGNED WHEN HE/OR SHE BECOMES PROBLEMATIC. EVEN FORMER LAPD POLICE CHIEF BILL BRATTON SAID THIS NEW LAW THAT IS ONLY IN CALIFORNIA IS ASININE.

The exemption to police being scrutinized– also helps other California entities such as Universities and Colleges for their police to cover up criminal acts of non-consensual sexual assault occurring against students at the campus – by California State employed instructors.

The politics of that California exemption was part of the reward Gov. Gray Davis gave “law enforcement” after most of their organizations switched from supporting Republicans to supporting Democrats.

Police agencies often lie/spin what took place. Their goal is to get people to stop paying attention to the event. Do not shut up and believe the authorities – just take for instance – the Kelly Thomas murder case!!!!

THAT COULD BE YOU OR YOUR LOVED ONE IF YOU LIVE IN CALIFORNIA -

PLUS YOU WON'T GET ANY JUSTICE BECAUSE THE INJUSTICE THE SECRECY, THE COVER-UP IS BUILT IN.

http://www.youtube.com/watch?v=p7npuYgjoBE

Anonymous said...

Citizens or Non-Citizens in California BEWARE

It could happen to you or your loved one. You could end up like Kelly Thomas did, and with a real sick jury to boot. There is no justice in California. Just police brutality!

"In yet another travesty of justice involving police use of force against the mentally ill, two former Fullerton police officers were found not guilty in the death of Kelly Thomas, a homeless man diagnosed with schizophrenia. Kelly was severely beaten on July 5th, 2011 by Manuel Ramos and Jay Cincinelli, the two men on trial, and others on the force. He died five days later.

This verdict comes a week after a teenager having a schizophrenic episode was shot and killed in horrible circumstances - three presumably physically fit police officers claimed they could not subdue a boy weighing 100 pounds wielding a small screwdriver; after allegedly saying "We don't have time for this." one of them killed him."

The Kelly jury watched a tape of the entire incident, and listened to expert witnesses contest Kelly's cause of death.

The coroner's office determined that Thomas died of brain damage from lack of oxygen caused by chest compression and other injuries suffered during his struggle with police.
Defense attorneys suggested that Thomas' death could be tied to a diseased heart damaged by prior drug use.

The jury deliberated for approximately ten hours before delivering it's verdict, beginning its deliberations on January 10th, with a break over the weekend.
The circumstances of Thomas' death enraged the residents of Fullerton, CA, so much so that large protests took place took place in the weeks following and three City Council members were ultimately recalled."


http://www.dailykos.com/story/2014/01/13/1269430/-Breaking-Kelly-Thomas-Murderer-Former-Officer-Ramos-Found-Not-Guilty

.http://www.latimes.com/local/lanow/la-me-ln-kelly-thomas-verdict-father-20140113,0,1631508.story