Death of Kelly Thomas
Kelly Thomas on May 19, 2002
|Date||July 5, 2011|
|Time||8:30 PM PDT (03:30 UTC)|
|Location||Fullerton, California, United States|
Kelly Thomas (April 5, 1974 – July 10, 2011) was a homeless man diagnosed with schizophrenia who lived on the streets of Fullerton, California. He died five days after an altercation with members of the Fullerton Police Department on July 5, 2011. After paramedics treated the officers first for their minor injuries, Thomas was taken to St. Jude Medical Center before being transferred to the UC Irvine Medical Center, where he was comatose on arrival and not expected to recover. He never regained consciousness, and died on July 10, 2011.
Medical records show that bones in his face were broken and he choked on his own blood. The coroner concluded that compression of the thorax made it impossible for Thomas to breathe normally and deprived his brain of oxygen. His parents removed him from life support five days later, and he died from his injuries on July 10, 2011. Officer Manuel Ramos was charged with one count of second-degree murder and one count of involuntary manslaughter; Corporal Jay Cicinelli and Officer Joseph Wolfe were each charged with one count of felony involuntary manslaughter and one count of excessive force. All three pleaded not guilty.
A judge declined to dismiss the charges against the officers in January 2013, finding that "a reasonable person could infer that the use of force was excessive and unreasonable."  An appeals court judge also denied a request to overturn the lower court's decision.
Kelly Thomas was born April 5, 1974 to Ron Thomas, a former Orange County Sheriff's deputy, and Cathy Thomas. Thomas, who was diagnosed with schizophrenia, was a "fixture" among Fullerton's homeless population. The death of Thomas has sparked debate about systemic reforms in treatment of the mentally ill.
Between 1990 and 2011, Thomas had 92 encounters with the police. These encounters ranged from minor infractions such as trespassing to assault with a deadly weapon.
The incident 
On July 5, 2011, at about 8:30 PM, officers of the Fullerton Police Department responded to a call from the management of the Slidebar that someone was vandalizing cars near the Fullerton Transportation Center. While investigating, they encountered the shirtless and disheveled Thomas and attempted to search him. According to statements given by the officers, Thomas was uncooperative and resisted when they attempted to search him, so backup was called. The officers then repeatedly applied Tasers to Thomas, hit him with the butts of the Tasers and flashlights, and threw him onto the ground. A video of the event surfaced, and Thomas can be heard repeatedly screaming in pain while officers are heard repeatedly asking him to place his arms behind his back. Unable to get Kelly to comply with the requests, the officers used a taser on him (up to five times according to a witness statement), and in the video Thomas can be heard screaming "Dad! Dad!". Six officers were involved in subduing Thomas, who was unarmed and had a history of mental illness. Thomas was initially taken to St. Jude Medical Center in Fullerton but was transferred immediately to the UC Irvine Medical Center with severe injuries to his head, face, and neck.
Orange County District Attorney Tony Rackauckas gave a detailed account of the events during a press conference on September 21, 2011. Using digital audio recording devices carried by the officers, surveillance video from a pole camera at the Fullerton Transportation Center, and other evidence, Rackauckas provided evidence that Thomas did comply with orders from Officer Ramos, who had put on latex gloves and asked Thomas "Now see my fists? They are getting ready to fuck you up." Rackauckas went on to describe how Thomas begged for his life, before being beaten to death.
The story of his beating broke shortly before his death. An investigation into the beating was undertaken by the Orange County district attorney starting on July 7, 2011, and later the FBI became involved. The decision to involve the FBI was praised by the American Civil Liberties Union, which claims the Orange County District Attorney has an "abysmal" 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 claimed that Thomas had been very combative with officers and two had suffered broken bones. Later, the police department confirmed that no officers had suffered any broken bones, and that no one other than Thomas had any significant injuries. By the end of July, several news outlets had picked up the story and it had become international news.
On July 18, 2011, a large protest outside the Fullerton Police Department was organized by several people, including the victim's father Ron Thomas.
On August 2, 2011 many members of the public spoke out about the beating at the biweekly city council meeting at the Fullerton City Hall. Over 70 members of the public spoke to the city council, the vast majority of whom criticized the police. Among the speakers was Ron Thomas, the father of Kelly Thomas, as well as Kelly Thomas's stepmother. The public comment session lasted for approximately three hours. The city attorney emphasized that the city council could not respond to the comments, however following the public comment period discussion was given to provide clarification on the city's policy regarding the mentally ill. In addition, Tony Bushala, a local developer and conservative activist, announced plans to recall three members of the city council thought to have responded insufficiently to the beating. The recall qualified on the ballot in February 2012 with a recall election scheduled for Don Bankhead, F. Dick Jones, and Pat McKinley on June 5, 2012, consolidated with the statewide primary election. On June 5, 2012 all three council members were successfully recalled by Fullerton residents.
On Saturday August 6, 2011, a large street protest was held outside of the Fullerton City Hall. Activists at that protest, which was attended by hundreds of people, called for the release of a surveillance video shot by cameras installed at the bus depot and carried signs with slogans like "Jail All Killer Cops" and "End Police Brutality."
In late September 2011, the officers involved were arrested on murder charges. Local law enforcement personnel showed support by raising money for their bail and criminal defense.
Thirty days after the incident all six officers involved in the beating were placed on administrative leave and several people, including two members of the Fullerton City Council, called for the resignation of police Chief Michael Sellers, who was later placed on medical leave in August 2011 for undisclosed reasons. Sellers continued his medical leave for 7 months and resigned on February 18, 2012 having never returned to work. 19,948 people have signed an online petition calling for the firing of all six police officers that were present during the beating.
Fullerton City Councilman Bruce Whitaker later went on television stating his belief that there was a cover-up of the beating of Thomas within the police department and that the six officers involved in the beating falsified their reports on the incident.
A preliminary hearing to determine if there is sufficient evidence for a trial was held on May 9, 2012. The court ordered that two of the police officers involved will stand trial. Officer Manuel Ramos is charged with second-degree murder and involuntary manslaughter, and Corporal Jay Patrick Cicinelli is charged with involuntary manslaughter and felony use of excessive force. Both officers pleaded not guilty at the second arraignment on July 13, 2012. Attempts by the defendants to dismiss the charges have been denied. Trials for Cicinelli and Ramos are scheduled to begin June 28, 2013. In September 2012, Officer Joseph Wolfe was indicted on charges of involuntary manslaughter and use of excessive force. Wolfe is scheduled for a pre-trial conference on March 29, 2013.
On 16 May 2012, press reports indicated that the Fullerton City Council had agreed to pay Thomas' mother one million dollars as a settlement of her civil complaints against the city. This did not impact the ongoing civil actions by Thomas' father or the criminal trial.
Slidebar Kitchen involvement 
In June 2012 Michael Reeves, a former employee of the Slidebar Rock-N-Roll Kitchen, filed a lawsuit for wrongful termination against Jeremy Popoff related to the beating. The Slidebar, which is owned by Popoff, the guitarist for Lit, was the source of the call that caused police to report to the area and confront Thomas. Reeves, a bouncer at the establishment, made statements to investigators claiming the Slidebar had a policy to do "anything necessary" to keep loiterers out of the area and that his manager lied about Thomas breaking into cars when calling the police to get them to respond more quickly. He further claims that Thomas was only loitering in the area that night and not causing trouble. Soon after making statements to investigators about what he saw that night he claims his managers were "furious at him for it" and slowly started taking away his responsibilities, culminating with his firing two months later. Reeves also claims that Popoff wanted everyone working at the Slidebar to act as if the "Slidebar had nothing to do" with the beating of Thomas and his refusal to echo these statements is the chief reason why he was fired. Eric Dubin, an attorney representing the Slidebar and Popoff, claims the suit is without merit and that it should be quickly dismissed. Dubin claims that "This whole thing is all copy from blogs and sold to some lawyer" and that, while the call did originate from the Slidebar, "that she [the manager] never used the phrase 'breaking into cars.'" Dubin further claims that "Everything in that lawsuit is 100 percent false" and the real reason Reeve was fired was because of a confrontation with a manager in front of customers. On June 12, 2012, Ron Thomas organized a small gathering outside of the Slidebar to protest the false police report. Thomas and Popoff talked during the event and Thomas later said that if the report was correct, “then I have no beef” but that if there are any inconsistencies then “I have to do what I have to do.”
One day after this statement, on June 13, 2012, after months of denials Slidebar owner Jeremy Popoff stated on KFI's John and Ken Show that one of his employees did, in fact, call police the night Kelly Thomas was beaten. He declined to say what the employee reported, citing the criminal investigation into Thomas' death, but said a recording of the call has been reviewed by the District Attorney's Office and other investigators. Popoff and his lawyer denied the claims of an anti-homeless policy during a press conference.
Cause of death 
On September 21, 2011, Orange County District Attorney Tony Rackauckas held a press conference to announce the results of the investigation. Rackauckas announced that according to the Orange County Coroner, the cause of death was "asphyxia caused by mechanical chest compression with blunt cranial-facial injuries sustained during physical altercation with law enforcement." Rackauckas said Thomas died because of the force of the officers on his chest, which made it impossible for him to breathe. This caused Thomas to become unconscious. He then slipped into a coma and died when taken off life support five days later.
Rackauckas said the coroner also said the injuries to Thomas' face and his head contributed to his death. Also contributing to his death were brain injuries, facial and rib fractures, and the extensive bruising and abrasions he suffered during the beating, which left him lying in a "growing pool of blood," Rackauckas said. The toxicology report shows that Thomas had no illicit drugs or alcohol in his system. Thomas was severely bleeding and struggled and pleaded, "I can't breathe," "Dad, help me." But the officers did not reduce their level of force during the nearly 10-minute assault, the district attorney said.
Lawsuit by Father 
On July 5, 2012, (one year after the beating death), the father of Kelly Thomas filed a lawsuit against the city and six officers, two of whom are facing criminal charges. The lawsuit also names former police chiefs Patrick McKinley and Michael Sellers. The suit alleges the violation of Kelly Thomas' federal and state civil rights; assault and battery; negligence and supervisor liability among others as causes of action. It seeks unspecified damages.
Recall election 
In a major landslide victory, city council members Dick Jones, Don Bankhead and Pat McKinley were voted out of office in a June 5, 2012, recall election. Each was voted out by an almost identical majority of nearly 66%. Their replacements are: Travis Kiger, a planning commissioner and blogger for the site Friends for Fullerton's Future, who will fill Jones' term, which expires December 4, 2012; Greg Sebourn, a land surveyor, who will fill Bankhead's term, which also ends December 4; and attorney Doug Chaffee, who will fill McKinley's term, which ends December 2, 2014. All were sworn into office in July 2012. Tony Bushala, a leading organizer of the Fullerton recall election, said he was seeking accountability for Kelly Thomas' death. The city's other two council members are not facing a recall.
Employment termination 
On July 3, 2012, Officer Ramos's employment was terminated. According to a statement issued by Fullerton Police, Joe Wolfe is no longer employed by the department as of July 16. Corporal Jay Cicinelli is no longer employed as of July 20, 2012.
See also 
- Lauren Lloyd (October 24, 2011). "Over 14K People Want Fullerton Police Officers Fired for Murder of Kelly Thomas". LAist. Retrieved November 10, 2011.
- "Kelly Thomas Case: UCI Trauma Surgeon, Coroner Pathologist Testify About Injuries | NBC Los Angeles".
- Sewell, Abby; Mather, Kate (August 2, 2011). "Fatal Fullerton police beating of homeless man sparks outcry". Los Angeles Times.
- Amy Taxin & Greg Risling (September 21, 2011). "APNewsBreak: CA police officer charged with murder". Yahoo News. Retrieved October 29, 2011.
- Ng, Christina; Risling (21 September 2011). "2 police officers charged in death of Calif man". Retrieved 29, October 2011.
- Denisse Salazar (July 29, 2011). "Man who scuffled with police dies". OC Register. Retrieved July 30, 2011.
- Ian Lovett (September 22, 2011). "California: Police Charged in Killing". New York Times. Retrieved November 10, 2011.
- Nicole Santa Cruz (October 11, 2012). "Grand jury: Third Fullerton officer beat Kelly Thomas". Los Angeles Times. Retrieved October 11, 2012.
- Tracy Wood (January 11, 2012). "Judge Turns Down Dismissal Request in Kelly Thomas Case". Voice of OC. Retrieved January 11, 2012.
- Abby Sewell (March 7, 2013). "Court won't toss charges against ex-cop in Kelly Thomas death". Los Angeles Times. Retrieved March 25, 2013.
- Steve Lopez (August 6, 2011). "Kelly Thomas' father fights for justice". Los Angeles Times. Retrieved September 22, 2011.
- Gina Ferazzi (August 2, 2011). "Homeless man dies after run-in with Fullerton police". Los Angeles Times. Retrieved August 16, 2011.
- Sewell, Abby; Winton, Richard (August 11, 2011). "Embattled Fullerton police chief goes on medical leave". Los Angeles Times.
- Scott Gold, Richard Winton and Abby Sewell (May 8, 2012). "Kelly Thomas video a turning point for mental health care?". Los Angeles Times. Retrieved May 9, 2012.
- Irving, Doug; Ponsi, Lou (October 18, 2012). "Kelly Thomas: 92 police encounters since 1990". The Orange County Register. Retrieved October 18, 2012.
- Brandon Ferguson (Aug. 23 2011). "[UPDATE: Thomas' Previous Slidebar Encounters] Sources: Slidebar Kitchen Placed Call Resulting in Kelly Thomas' Death". OC Weekly. Retrieved June 30, 2012.
- Kate Mather and Abby Sewell (July 2, 2011). "Fullerton police beating of homeless man is under investigation". Los Angeles Times. Retrieved September 2, 2011.
- friendsforfullerton (July 23, 2011). "Police Beating of Kelly Thomas in Fullerton, CA". YouTube. Retrieved July 30, 2011.
- Eliza Fisher (July 27, 2011). "Police Beat Homeless Fullerton Man Kelly Thomas To Death". Huffington Post. Retrieved July 30, 2011.
- Ben Welsh (September 21, 2011). "Charges against police in homeless man’s death". LA Times. Retrieved November 10, 2011.
- Abby Sewell and Richard Winton (September 21, 2011). "Kelly Thomas begged for his life from 'menacing' officer, D.A. says". LA Times. Retrieved November 10, 2011.
- Sean Emery (July 6, 2011). "Man who scuffled with police still in critical condition". OC Register. Retrieved July 30, 2011.
- Sam Quinones (July 11, 2011). "Homeless man dies 5 days after fight with Fullerton police". Los Angeles Times. Retrieved July 30, 2011.
- Ponsi, Lou (August 4, 2011). "ACLU: D.A. should not investigate fatal police fight". The Orange County Register. Retrieved August 6, 2011.
- "FBI investigating Fullerton police beating". KABC-TV Los Angeles. July 30, 2011. Retrieved July 30, 2011.
- "Family says beaten man at hands of Fullerton police taken off life support". KABC-TV Los Angeles. July 10, 2011. Retrieved July 30, 2011.
- "Family seeks witnesses to Fullerton police beating". KABC-TV Los Angeles. July 11, 2011. Retrieved July 30, 2011.
- Alex Stouffer (July 20, 2011). "Protests & The Investigation of Kelly Thomas’s Death". Fullertonian. Retrieved July 30, 2011.
- Rachel Quigley (July 29, 2011). "Caught on tape: Police beat and taser 'gentle' mentally-ill homeless man to death". Daily Mail. Retrieved July 30, 2011.
- E.D. Kain (July 30, 2011). "Protests, Investigation Follow Police Beating of Kelly Thomas". Forbes.com. Retrieved July 30, 2011.
- "City Council/Redevelopment Agency Regular Meeting". City of Fullerton, California. August 2, 2011. Retrieved August 7, 2011.
- Ian Lovett (August 3, 2011). "Death of Homeless Man After Beating by Police Stirs Outrage". The New York Times. Retrieved August 7, 2011.
- Abby Sewell (February 6, 2012). "Recall election OKd for three Fullerton City Council members". Los Angeles Times. Retrieved June 30, 2012.
- City of Fullerton. "Special Recall Election". Retrieved June 30, 2012.
- Abby Sewell (June 7, 2012). "Successful Fullerton City Council recall paves way for change". Los Angeles Times. Retrieved June 30, 2012.
- Richard Winton and Abby Sewell (August 6, 2011). "Hundreds protest Fullerton man's death, call for release of video". Los Angeles Times. Retrieved August 6, 2011.
- "Friends f Fullerton's Future website, retrieved 9 May 2012
- Abby Sewell and Richard Winton (August 4, 2011). "Fullerton police draw fire for silence in homeless man's death". Los Angeles Times. Retrieved August 6, 2011.
- Abby Sewell and Richard Winton (August 11, 2011). "Embattled Fullerton police chief goes on medical leave". Los Angeles Times. Retrieved August 16, 2011.
- Paul Orloff. "Remove All 6 Fullerton Police Officers Involved in the Murder of Kelly Thomas". Change.org. Retrieved October 29, 2011.
- Lauren Lloyd (October 24, 2011). "Over 14K People Want Fullerton Police Officers Fired for Murder of Kelly Thomas". LAist. Retrieved October 29, 2011.
- Nick Gerda (October 25, 2011). "Councilman Alleges Cover-Up in Kelly Thomas Police Beating". Voice of OC. Retrieved October 29, 2011.
- Welborn, Larry (July 14, 2012). "Officers plead not guilty in death of Kelly Thomas". The Orange County Register. pp. Local 1, 3.
- Amy Taxin (September 27, 2012). "Joseph Wolfe Arrested In Kelly Thomas Beating Death: Third Fullerton Police Officer Charged". Huffington Post. Retrieved March 25, 2013.
- Richard Winton (16 May 2012). "Homeless man's mother settles with Fullerton over his death". Los Angeles Times. Retrieved June 30, 2012.
- DOUG IRVING and LOU PONSI (Jun 13, 2012). "Suit: False report sent police to Kelly Thomas". OC Register. Retrieved June 30, 2012.
- Caroline Tan and Vikki Vargas (Jun 13, 2012). "$16M Lawsuit Claims Restaurant Falsely Reported Kelly Thomas to Police". NBC-LA. Retrieved June 30, 2012.
- "Fullerton Bar Owner Denies False Report Led To Homeless Man's Death".
- Anna Almendrala (June 6, 2012). "Kelly Thomas Beating: Lawsuit Alleges Slidebar's 'False' Police Report Led To Thomas' Death". Huffington Post. Retrieved June 30, 2012.
- R. Scott Moxley (June 12, 2012). "Lawsuit: Fullerton Bar Manager Enticed Police with a Lie Before Officers Beat Kelly Thomas to Death". OC Weekly. Retrieved June 30, 2012.
- "Lawsuit Highlights Call To Police in Kelly Thomas Case". Fullerton Stories. June 12, 2012. Retrieved June 30, 2012.
- Doug Irving (June 13, 2012). "Bouncer: I knew Kelly Thomas report was false". Orange County Register. Retrieved July 11, 2012.
- Alyssa Newcomb (May 8, 2012). "California Judge to Decide Whether Cops Will Stand Trial for Beating Homeless Man". ABC. Retrieved June 30, 2012.
- Denisse Salazar (September 21, 2011). "Kelly Thomas died of asphyxia, report says". Voice of OC. Retrieved October 29, 2011.
- John Gregory, Miriam Hernandez and Carlos Granda (July 5, 2012). "Kelly Thomas's father files lawsuit on case's 1-year mark". KABC-TV. Retrieved July 7, 2012.
- Abby Sewell (June 7, 2012). "Successful Fullerton City Council recall paves way for change". Los Angeles Times. Retrieved July 7, 2012.
- Michael Martinez and Casey Wian (June 6, 2012). "3 California councilmen ousted in recall over alleged police brutality". CNN. Retrieved July 7, 2012.
- Sewell, Abby (July 10, 2012). "Officer charged in Kelly Thomas' death leaves police force". Los Angeles Times. Retrieved July 11, 2012.
- "Two Officers Involved in Kelly Thomas Beating No Longer Work for City: Police".
- "Kelly Thomas case: Third officer no longer employed - ocregister.com".