Wednesday, 21 September 2011

Kelly Thomas

Kelly Thomas

The autopsy results from the death of Kelly Thomas, a schizophrenic drifter who was allegedy beaten to death by Fullerton, California police will be announced today by Orange County District Attorney Tony Rackauckas.

Rackauckas will also announce whether he will file charges against the officers involved in Thomas’ death, following the office’s investigation. The confrontation with police took place at a municipal bus station on July 5, with Thomas dying in the hospital five days later. This press conference comes weeks after the Fullerton police refused to answer questions about the case.

Regardless of today’s announcements, Thomas’ death is a case study of how ubiquitous phones with cameras and the Internet are transferring power from the government, police, and the media to the masses. Images and word of the beating spread not because of official communications but by viral cell phone video of the incident and a horrific hospital photo taken by his father of Thomas in a coma.

After the photo and video were released, the Fullerton community reacted in outrage at city council meetings and at protests outside the Fullerton police department. Whatever charges are filed (or not) today, the death of Kelly Thomas will remain an example of how new media is changing the old guard.Kelly Thomas, the mentally ill homeless man from Fullerton who was beaten and repeatedly shocked with a stun gun during his arrest, authorities said Wednesday.

Orange County District Attorney Tony Rackauckas said Officer Manuel Ramos was charged with one count each of second-degree murder and involuntary manslaughter in the death of 37-year-old Thomas after a violent confrontation on July 5 with officers. Ramos faces a maximum sentence of 15 years to life in state prison if he's convicted, according to a press release from the district attorney's office.

Police Cpl. Jay Cicinelli was charged with one count each of involuntary manslaughter and excessive force. Cicinelli could face four years in state prison.

Rackauckas said the case is being brought against the officers after review of evidence, including video tapes from "from two cell phones; the surveillance video from the Fullerton Transportation Center—the pole camera there; 151 witnesses; police reports written by all of the involved Fullerton Police personnel; medical reports; examination of physical evidence, such as batons and tasers." Rackauckas said the coroner's report released Tuesday also contributed to the charge.

Ramos’ attorney, John Barnett, told KPCC’s Larry Mantle that the district attorney took an unprecedented step with these charges.

“Officer Ramos is not guilty of any crime whatsoever," said the Barnett, who also represented LAPD officer Theodore Briseno in the Rodney King beating case almost 20 years ago.

"He was merely doing his job. He was confronted with a person who was violent had been violent and simply did his job and for that he’s being prosecuted with murder and that’s just wrong."

The prosecutors said Thomas was acting "in self-defense, in pain and in a state of panic. His numerous pleas of 'I'm sorry,' 'I can't breathe,' 'Help' 'Dad' — all to no avail. Screams, loud screams, didn't help."

In response to the charges Thomas' father Ron said he was elated. "This is really what I wanted. At least two of them, and we have two of them.”

Rackauckas said in Orange County the law enforcement is generally trusted, "They're hardworking, they make daily sacrifices to protect and to serve our community. We must do everything that we can to ensure that we protect this trust, including, if necessary, prosecuting police officers who violate the law."

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.

Thomas died five days after his July 5 arrest, after being disconnected from life-support machines. His death touched off a firestorm in Fullerton, including an effort to recall three City Council members.

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