Cops beat to death homeless man with schizophrenia

[Beantown Red]

 

 

 

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SANTA ANA, Calif. - Prosecutors charged one police officer with murder and another with manslaughter Wednesday in the killing of a defenseless, mentally ill homeless man who was pummeled, shocked with a Taser and beaten with the butt of a stun gun.

 

Fullerton Officer Manuel Ramos was charged with one count each of second-degree murder and involuntary manslaughter in the death of 37-year-old Kelly Thomas after a violent confrontation with officers on July 5, Orange County District Attorney Tony Rackauckas said at a news conference.

 

Police Cpl. Jay Cicinelli was charged with one count each of involuntary manslaughter and excessive force.

 

A review of the evidence showed Thomas was acting "in self-defense, in pain and in a state of panic," Rackauckas said.

 

"His numerous pleas of `I'm sorry,' `I can't breathe,' `Help Dad' (were) all to no avail. Screams, loud screams, didn't help," the prosecutor said.

 

Lorie Fridell, an associate professor of criminology at the University of South Florida, said it is highly unusual for a police officer to be charged with murder.

 

"It is quite appropriate in such cases to hold officers to account," Fridell said. "Often, however, prosecutors will give officers the benefit of the doubt."

 

Five cops suspended after beating mentally-disabled homeless man to death

 

Citing unreleased city surveillance video and audio recordings, Rackauckas said Thomas appeared to be cognitively impaired as officers approached him. He was shirtless and wearing just a backpack as Ramos made a show of putting on Latex gloves before ordering him to put his hands on his knees.

 

"He made two fists with his gloves on, two fists. He lifted his fists in front of Kelly Thomas so he could see them and he said, `Now see my fists? They are getting ready to (expletive) you up,"' Rackauckas said. "That's when it went from a fairly routine investigation, a fairly routine police detention, to an impending beating by an angry police officer."

 

Ramos allegedly swung his baton at Thomas but it was unclear if he hit him. The prosecutor said Ramos then chased Thomas, eventually punching him in his ribs and tackling him before holding down his neck and laying on top of Thomas to pin him down.

 

The prosecutor said Cicinelli, who arrived on the scene later, kneed Thomas twice in the head and used a Taser four times on Thomas as he screamed and yelled in pain. Cicinelli hit Thomas in the face eight times with the Taser, and Thomas didn't respond, Rackauckas said.

 

"When Kelly didn't scream in response to these blows it should have indicated to Cicinelli that Kelly was down and seriously hurt," he said.

 

Rackauckas, a longtime prosecutor known for his strong backing of law enforcement, said it was the first time he had filed charges against police officers for excessive force leading to death.

 

"Police officers have a right to use reasonable force in the performance of a lawful duty but citizens have a right to self-defense, even against the police," he said.

 

Ron Thomas, Kelly Thomas' father, said he was pleased with the charges.

 

"That's exactly what I hoped for," he said in a phone interview. "It makes me feel fantastic that this is happening, it's the justice we need."

 

Still, he said he suffers every day as a result of his son's death.

 

Ramos' attorney, John Barnett, said the charges were unfounded and disputed Rackauckas' accounts of events. Thomas violently resisted arrest by kicking and swinging at officers, he said, adding that he had seen the same video cited by the prosecutor.

 

In response to claims that Ramos put on latex gloves and told Thomas he was going to hurt him, Barnett characterized his client's attempt to get compliance as "the lowest type of force."

 

"It was an attempt by the officer to use words not force to get the suspect to do what he's supposed to do," Barnett said. "He sought to avoid physical confrontation with words. There was no compliance by Mr. Thomas."

 

Bill Hadden, an attorney representing Cicinelli, didn't immediately return a call for comment. A call to a home number for Ramos rang unanswered.

 

Arraignment was scheduled later Wednesday.

 

Six officers were placed on paid administrative leave after the incident that occurred while police were investigating reported vehicle break-ins at a transit hub. The other officers were not charged Wednesday and were not expected to be charged.

 

Thomas suffered severe head and neck injuries and was taken off life support five days after the incident.

 

Thomas suffered from schizophrenia and lived on the streets even though he received support from family and friends.

 

Police said Thomas ran when officers tried to search his bag and a struggle followed when they tried to arrest him for investigation of possession of stolen goods.

 

Video from a bystander's cell phone taken from a distance showed parts of the bloody encounter in which Thomas can be heard screaming for his father.

 

Surveillance video aboard a bus showed agitated passengers telling the driver that officers beat and repeatedly used a stun gun during the arrest.

 

After the incident, the police chief went on medical leave and the embattled City Council hired a law enforcement expert to investigate Police Department practices.

 

Incensed community members held demonstrations and started an effort to recall the mayor and two councilmembers over the incident.

 

Ron Thomas filed a claim seeking damages from the city.

 

He has previously released his son's medical records showing Thomas suffered broken bones in his face, choked on his own blood and was repeatedly shocked with two stun guns.

 

News reports indicate Cicinelli left the Los Angeles Police Department after losing an eye in 1996 while working as a probationary officer.

 

Cicinelli, who was 25 at the time, was shot during an on-duty gunfight during a traffic stop less than three weeks after graduating from the Police Academy, according to a 1997 article in the Los Angeles Times.

 

If convicted of all charges, Ramos could face a maximum sentence of 15 years to life in prison. Cicinelli could face a maximum sentence of four years if convicted.

 

CBS News

[VladimirIlyich]

The home of the brave!

[sh#t waffle]

How do you beat someone to death with schizophrenia?

[AVEEZ]

How do you beat someone to death with schizophrenia?

 

How could you beat someone to death is the question... The schizophrenia is incidental .. how could you tell just by looking that he had schitzophrenia!!!!

[loadsoftrophies]

How do you beat someone to death with schizophrenia?

 

Must be some kind of new samurai sword or something.

[Liverpool lad]

If they had schizophrenia would you have to beat they both up?

[Rick Sanchez C-137]

Continuing to beat someone after they stop defending themselves, and crying out for help. It makes me feel sick reading that. I hope they get sodomised daily in jail.

[Paulie Dangerously]

In the old days this thread would already be 10+ pages of dennis tooth and Chris Penrose.

 

 

Lost your edge boys

[Cardie]

Continuing to beat someone after they stop defending themselves, and crying out for help. It makes me feel sick reading that. I hope they get sodomised daily in jail.

 

Yeah everyone knows you pop the jaw first so they stop crying for help.

[slartibartfast]

How do you beat someone to death with schizophrenia?

 

I don't know, but I bet they were in 2 minds about it.

[melons]

It's threads like this the GF really misses Dirk.

 

 

Schizophrenia isn't Multiple personality disorder.

 

 

I've not seen the video clips, the article provided more incite then i felt comfortable reading. Hope they get exactly what they're due. Power hungry pricks.

[VladimirIlyich]

If this is how their own citizens are treated why are they surprised when the countries they invade are so hostile towards them?

 

It seems death on the battlefield is more honourable than being truncheoned to death in the back of a squad car! ( I realise that might be pleasurable to some people.)

[Thomo123]

It's threads like this the GF really misses Dirk.

 

 

Schizophrenia isn't Multiple personality disorder.

 

 

I've not seen the video clips, the article provided more incite then i felt comfortable reading. Hope they get exactly what they're due. Power hungry pricks.

 

 

These fuckers arent power hungry, they already think they have the power....in this case to beat a defenceless man to his death.

[Beantown Red]

They have the power because the general public give it to them. Similar to the military the police here have successfully peddled the "putting it on line" bullshit for years. In this case apparently since it was caught on camera with lots of witnesses and the father released the picture from the hospital the community is completely outraged. The district attorney who investigates cases of police beatings and shootings are public officials. They have to run and win elections and it is normally considered a stepping stone to higher office so you can see why they would not want to piss off police unions. From as far as I can tell they normally only ask the question of whether the police officer was in danger and don't consider whether the police officer had any culpability in putting themselves in that position. Police officer steps out in front of car and unloads on the car = the police officer had a 2000lbs weapon coming his way, etc.

[Iceman]

So sad. I saw this a while ago. Absolutely sickening. Probably the only reason it's come to light is because his Dad was a cop, apparently he was shouting for his Dad when those animals were beating him to a pulp.

[rondeco]

They have the power because the general public give it to them. Similar to the military the police here have successfully peddled the "putting it on line" bullshit for years. In this case apparently since it was caught on camera with lots of witnesses and the father released the picture from the hospital the community is completely outraged. The district attorney who investigates cases of police beatings and shootings are public officials. They have to run and win elections and it is normally considered a stepping stone to higher office so you can see why they would not want to piss off police unions. From as far as I can tell they normally only ask the question of whether the police officer was in danger and don't consider whether the police officer had any culpability in putting themselves in that position. Police officer steps out in front of car and unloads on the car = the police officer had a 2000lbs weapon coming his way, etc.

 

Hahaha! From as far as you can tell? What does that mean?

[Ezekiel 25:17]

I think we need to look at the bigger picture he, the jew had red hair, one less red haired jew, I don't see the problem ??

[Beantown Red]

Hahaha! From as far as you can tell? What does that mean?

 

Have you never heard the expression "as far as I can tell" before? It is a way of saying something that you believe to be true without being 100% sure.

[Guest ShoePiss]

They have the power because the general public give it to them. Similar to the military the police here have successfully peddled the "putting it on line" bullshit for years. In this case apparently since it was caught on camera with lots of witnesses and the father released the picture from the hospital the community is completely outraged. The district attorney who investigates cases of police beatings and shootings are public officials. They have to run and win elections and it is normally considered a stepping stone to higher office so you can see why they would not want to piss off police unions. From as far as I can tell they normally only ask the question of whether the police officer was in danger and don't consider whether the police officer had any culpability in putting themselves in that position. Police officer steps out in front of car and unloads on the car = the police officer had a 2000lbs weapon coming his way, etc.

 

Very true, it happens a lot here. Back in January Police shot a homeless guy (two tour Vietnam vet and a raging aklie) 10 times, he was living in an abandoned car wash and had been threatening people. The police had been told previously he was armed with a knife, they knocked on the office door where he was and asked him and he said "oh yeah I'm armed alright".

 

Instead of backing off and getting specialist negotiators in (they knew he was in there alone) they instructed him to come out which he does, with his knife. He doesn't drop the knife so they let off 12 rounds from about 8 feet away.

 

They seem to be allowed to put themselves in situations where their own safety is compromised which then gives them the green light for a bit of sport. No criminal wrong doing was the outcome of the grand jury.

[silverlining]

The schizo jokes have made me grin, but overall, this is fucking horrible.

 

Poor bastard, calling for his Dad as he's beaten to death by people who ARE PAID TO PROTECT HIM.

[VladimirIlyich]

Very true, it happens a lot here. Back in January Police shot a homeless guy (two tour Vietnam vet and a raging aklie) 10 times, he was living in an abandoned car wash and had been threatening people. The police had been told previously he was armed with a knife, they knocked on the office door where he was and asked him and he said "oh yeah I'm armed alright".

 

Instead of backing off and getting specialist negotiators in (they knew he was in there alone) they instructed him to come out which he does, with his knife. He doesn't drop the knife so they let off 12 rounds from about 8 feet away.

 

They seem to be allowed to put themselves in situations where their own safety is compromised which then gives them the green light for a bit of sport. No criminal wrong doing was the outcome of the grand jury.

 

Stab Vest,Pepper Spray and Taser could have been used before a bullet and from 8ft away surely a shot to a non fatal part of the body could have been used.

Thats manslaughter at least.

[Guest ShoePiss]

Stab Vest,Pepper Spray and Taser could have been used before a bullet and from 8ft away surely a shot to a non fatal part of the body could have been used.

Thats manslaughter at least.

 

Well they did try a taser but they should have known a homeless guy is going to be wearing multiple layers in January. Not sure I agree with the none fatal shot, aiming at a leg just isn't going to work for a couple of reasons. It's much harder to aim at a moving small target and it may not incapacitate them anyway. They have to aim for centre mass.

 

My problem with this and a lot of other cases is that they force the issue, they introduce a situation that creates a life/death choice when a less confrontational approach could have had a much better ending.

[PestiRed]

12 rounds seems excessive though. Surely you would only shoot that many times if you needed a fatal outcome

[VladimirIlyich]

Well they did try a taser but they should have known a homeless guy is going to be wearing multiple layers in January. Not sure I agree with the none fatal shot, aiming at a leg just isn't going to work for a couple of reasons. It's much harder to aim at a moving small target and it may not incapacitate them anyway. They have to aim for centre mass.

 

My problem with this and a lot of other cases is that they force the issue, they introduce a situation that creates a life/death choice when a less confrontational approach could have had a much better ending.

 

Theyve even got some kind of bean bag gun havent they?

 

In fairness to the cops I wouldnt fancy hanging round all day waiting for a homeless guy to give up a knife when they could be doing more constructive policing. I think forcing the issue is ok but they could do it without just blasting the shit out of an almost sitting duck.

 

The training of these cops sounds like its wanting.

[Guest ShoePiss]

Theyve even got some kind of bean bag gun havent they?

 

In fairness to the cops I wouldnt fancy hanging round all day waiting for a homeless guy to give up a knife when they could be doing more constructive policing. I think forcing the issue is ok but they could do it without just blasting the shit out of an almost sitting duck.

 

The training of these cops sounds like its wanting.

 

They do :- BREAKING: Lethal Rounds Mistakenly Loaded Into Beanbag Shotgun Used in Today's Police Shooting | Blogtown, PDX

 

Easy to see where the confusion came from, I mean the beanbag shotgun is identical to the other one.