Fullerton - The FBI is reviewing the scuffle between Fullerton police and a 37-year-old homeless man suspected of possessing stolen goods who later died.

The FBI is looking into whether Kelly Thomas' civil rights were violated when Fullerton police struggled to arrest him earlier this month, Laura Eimiller of the FBI said.

The Orange County District Attorney's Office is also reviewing the circumstances of Thomas' death to see if any laws were violated. The FBI review will be a parallel investigation, Eimiller said.

Eimiller declined to say what triggered the investigation or if anyone requested it. It was unclear how long the investigation would take.

If FBI agents conclude that Thomas' civil rights were violated then they will forward their findings to the U.S. Dept. of Justice, Eimiller said. It would be up to federal prosecutors to decide if charges should be filed, Eimiller said.

Fullerton police welcome the review, Fullerton police Sgt. Andrew Goodrich said.

"The Orange County District Attorney is investigating and we're cooperating with that investigation," Goodrich said. "As far as we're concerned we'll cooperate with whoever we have to. In the end, we're standing by our call for an independent third-party investigation."

he autopsy of Kelly Thomas was inconclusive on the cause of death, and investigators were still waiting for toxicology reports, according to the Orange County Sheriff's-Coroner's Office.

Thomas, who had a history of mental illness, struggled with police as they tried to arrest him about 8:30 p.m. July 5 at the Fullerton Transportation Center, 123 S. Pomona Ave. Thomas' family had him disconnected from life-support machines July 10, Goodrich said.

Six officers were trying to arrest Thomas on suspicion of possessing stolen goods, Goodrich said. They were called to the Metrolink station parking lot to investigate a complaint of a man trying to break into vehicles, Goodrich added.

The officers found Thomas at the lot and because he matched the description of the suspect they started talking to him, Goodrich said. They found evidence that he was in possession of stolen property from a burglary, he said.

However, when they tried to pat him down to arrest him, Thomas spun away and started fighting with the officers, Goodrich said.

Read more: http://www.myfoxla.com/dpp/news/local/fbi-reviews-beating-death-in-fullerton-20110802#ixzz1c6aw4TjC

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Reprinted in its entirety from FOX 11 News

August 2, 2011

The Fullerton City Council is set to decide this morning whether to hire a renowned police watchdog to review its police department's policies and practices in the wake of a homeless man's deadly encounter with six officers.

Fullerton City Manager Joe Felz is recommending the council hire Michael Gennaco to conduct an independent review of Kelly Thomas' death. Gennaco oversees Los Angeles County's Office of Independent Review and daily scrutinizes the L.A. County Sheriff's Department's actions.

The death of Thomas, who suffered from schizophrenia, is already under criminal investigation by the FBI and Orange County District Attorney's office.

The encounter escalated after Thomas ran. Witnesses said officers beat and kicked Thomas and used a Taser on him multiple times. He died five days later after being removed from life support.

Fullerton's acting Police Chief Kevin Hamilton acknowledged this week that the department had allowed police officers involved in the altercation with Thomas to watch a video that captures the incident before writing their reports about it.

Hamilton said supervisors allowed the review so that the officers would have a chance to refresh their memory and write an accurate account of the incident.

But the practice is at odds with the way many other police departments deal with serious use-of-force cases. The Los Angeles Police Department's former inspector general, Jeffrey Eglash, said that allowing police to look at video before giving evidence is a "bad practice."

Hamilton took command of the Fullerton Police Department on Wednesday after Chief Michael Sellers took a 30-day medical leave after calls for his resignation from two council members.

Thomas' parents have filed a claim -- a precursor to a lawsuit -- against the city. The claim alleges their son was at a bus depot when six police officers "used excessive and deadly force" against him "without justification and acting under color of law."

The claim alleges the officers "in unison severely beat [him] with their fists and with objects and subjected [him] to excessive applications of Taser electricity." They allege that he was restrained and represented no threat of harm to the police.

Gennaco is former head of the civil rights section of the U.S. Attorney's Office in Los Angeles, overseeing investigations of police misconduct and hate crime cases. Gennaco said his review would look at issues such as training, supervision and broader policies when dealing with individuals who are mentally ill or homeless.

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Reprinted in its entirety from KTLA News

August 12, 2011

A second Fullerton City Council member is asking the police chief to resign after a mentally ill homeless man was beaten to death during a confrontation with six officers.

Council member Sharon Quirk-Silva called for Chief Michael Sellers' resignation Wednesday, criticizing the Police Department for refusing to answer questions about the case or share information with the council. A second council member, Bruce Whitaker, told KTLA on Thursday that he also thinks the chief should resign.

He said the chief is refusing to answer questions in hopes that the public will soon forget about what happened.

On the night of July 5, six officers allegedly beat Kelly Thomas, a homeless man with a history of schizophrenia, until he was comatose. He died five days later after being removed from life support. Officers had initially approached Thomas at a downtown bus station after receiving a report of someone trying to break into cars in the parking lot, officials said. When Thomas tried to run and struggled with officers, the situation escalated, they said.

Whitaker claims he was told late Thursday afternoon that Sellers and others are just waiting for the public to calm down over the death of Thomas.

"I'm very angry about it because there seems to be a tone-deafness about where the public is at on this," Whitaker said.

If one more council member calls for Sellers' resignation, it would represent a majority of the panel.

Council members said they have not been privy to many details of the case, including internal police reports and surveillance video from the bus station that officials with the Orange County district attorney's office say showed much of what took place. The video has not been released.

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Reprinted in its entirety from LA Times

August 5, 2011

Orange County prosecutors said they have reviewed a videotape that shows parts of a deadly altercation between homeless man Kelly Thomas and Fullerton police.

The Orange County district attorney has more than two dozen investigators working on the case. Officials have already interviewed 80 witnesses and plan to interview more than 100 people.

"You understand why the public is upset. We are doing the investigation as quickly as possible. We are waiting for the toxicology and the cause of death," said Susan Kang Schroeder, the district attorney's chief of staff. "The D.A. has made it very clear. This is a priority. We have two dozen investigators involved in the investigations.... It is such an important case. The public wants the answers as soon as possible but the public does not want a rush to judgment."

Kang Schroeder said investigators possess a video of much of the incident.

"The camera at the bus depot was controlled by Fullerton police. It shows certain things but [does] not completely show everything" that happened. But she said they won't make it public. "The reason why we are not releasing the video is we want to make sure that any witnesses who come forward testify to what [they] saw in person, not what they saw in the media."

Kang Schroeder added: "Your heart goes out to family. You hear the crying, Dad, Dad ... but our office has a very important job to do and we will apply the applicable laws objectively."

At Tuesday night's City Council meeting, hundreds of angry citizens jammed into the overflowing council chambers, criticizing police for the death of Thomas, 37, and demanding that the city explain what happened.

In response to the increasing chorus of public criticism, the Police Department issued a statement Wednesday saying only: "This was tragic for our community. We are in the midst of an investigation."

Although the Police Department remained largely silent, the attorney for the six officers spoke out in their defense.

Michael D. Schwartz said Thomas was combative with officers. He said that contrary to the statements of at least one witness, the officers did not use a flashlight as a weapon. Schwartz also said there was "no excessive use" of a Taser by the officer on Thomas -- rebuffing claims made by several witnesses.

One Fullerton City Council member called for the police chief's resignation Wednesday, criticizing the Police Department for refusing to answer questions in the case.

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Reprinted in its entirety from LA Times

August 4, 2011

Kelly Thomas, 37, a schizophrenic, died five days after a run-in with Fullerton officers. The FBI, district attorney, Police Department and horrified civilian witnesses want answers.

As they boarded an Orange County transit bus the night of July 5, passengers recounted a disturbing story in graphic detail: A homeless man near the bus station was under attack by police officers.

"The cops are kicking this poor guy over there, all these cops," one woman told the bus driver in a conversation captured on a grainy bus surveillance tape.

"He's almost halfway dead," another passenger told the driver. "They killed him."

Officers responding to reports of an attempted car break-in near the station confronted Kelly Thomas, a 37-year-old schizophrenic homeless man who had become a fixture in downtown Fullerton.

Six officers fought with Thomas and Tasered him several times, according to witness accounts. He emerged severely beaten and in a coma. A photo taken of him at the hospital shows his face grotesquely swollen and covered with bruises and cuts. He died five days later after being removed from life support.

Now, both the FBI and the Orange County district attorney's office are investigating, and the case has generated an emotional response from residents of the college town, who are demanding answers from the Police Department.

Suspicions about the incident have been heightened by two videos on which witnesses reacted to the police action. In one video taken by a bystander, Thomas can be heard screaming "Dad! Dad! Dad!" over the clicking sounds of the Taser.

"They've Tased him five times already," a woman can be heard saying on the video. "That's enough!"

"They're freaking ruthless," another man says, adding moments later: "I don't know why they don't just put cuffs on him and call it a night, instead of hitting him."

Officials said there are other videos that have not been released, including some that might more directly capture what the officers did. Some Fullerton council members are demanding that those videos be released to the public, but the district attorney's office has declined, citing fears of tainting potential witness testimony.

"It's very important that if there is a trial, that the witnesses can testify what they saw as a witness, not what they saw on television or in the media," said Susan Kang Schroeder, the district attorney's chief of staff.

City Council members said they've fielded hundreds of calls and emails about the incident, some from people who live far away. On Saturday, 250 protesters stood outside the Fullerton Police Department, wearing T-shirts bearing Thomas' name and holding signs condemning the police.

"There seems to be a general sense of outrage and fear," said Councilman Bruce Whitaker, who called for all the videos to be released and all the officers involved to be placed on leave.

Police spokesman Sgt. Andrew Goodrich said two officers approached Thomas at the depot after receiving a report of someone trying to break into cars parked there. Thomas tried to run from the officers, who found items in his backpack that didn't belong to him, Goodrich said, and the officers called for backup when Thomas resisted. The scene escalated as witnesses watched.

One eyewitness, Mark Turgeon, 42, who is also homeless, said he arrived at the scene to see Thomas face down on the sidewalk with one officer on top of him and another hitting him on the back of the head with a flashlight. More officers arrived and Tasered him multiple times, then hogtied him, he said. Turgeon also described seeing officers slamming Thomas' face into the concrete after he was tied.

"They just beat and Tasered him until he stopped moving," Turgeon said.

An initial autopsy did not determine cause of death, and coroner's officials are waiting for additional test results.

The Fullerton Police Department has said it's fully cooperating with investigators and is conducting an internal investigation. One of the officers involved was placed on administrative leave a few days after the incident. The remaining five were later reassigned to non-patrol duty, but late Tuesday they too were placed on administrative leave. The department has not released the names of the officers, although several names have circulated on local blogs.

Initially, police reported that two officers had suffered broken bones but later retracted the statement. Police are releasing few details about either the incident or the follow-up.

"I'm asking people, as hard as it is, to be patient and wait until the investigation is completed," Goodrich said.

Fullerton Mayor F. Richard Jones and other city officials are urging the public to avoid a rush to judgment.

"It's been nothing but spin and people screaming. It's almost like a lynch mob.... It's been fostered by people who don't know all the facts," he said.

But other officials said the case cries out for greater scrutiny.

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Reprinted in its entirety from LA Times.

August 2, 2011

Prosecutors charged one police officer with murder and another with manslaughter Wednesday in the killing of an unarmed, mentally ill homeless man who was pummeled, shocked with a Taser and slammed with the butt of a stun gun in a beating that lasted nearly 10 minutes.

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.

A review of the evidence, including audio from the officers' body microphones and surveillance video, 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."

Citing the 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 coroner listed the cause of death as mechanical compression of the thorax, which made it impossible for Thomas to breathe normally and deprived his brain of oxygen, Rackauckas said. Other injuries to the face and head contributed to the death, the prosecutor said.

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

"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, cheered as he watched the prosecutor's news conference on TV with a group of supporters. He later 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.

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Reprinted in its entirety from Associated Press.

September 21, 2011

DATE: Wednesday, September 7, 2011

TIME: 11 a.m.

LOCATION: Varsity Restaurant

Mardirossian Law Building (ground floor)

6311 Wilshire Boulevard

Los Angeles, Ca 90048

CONTACT: Jacklin Boyadjian

(323) 653-6311 - jboyadjian@garolaw.com

Attorney Garo Mardirossian, along with Kelly Thomas' father Ron Thomas, will hold a press conference to reveal the much awaited cause of death, documented by recently produced medical records. This information is being released with the expectation and hope that it will cause the prosecutorial agencies to finally bring criminal charges against the Fullerton Police officers involved in Kelly Thomas' brutal beating and death. Those prosecutorial agencies include the District Attorney of Orange County, the Attorney General of the State of California and the Federal Prosecutor.

Press Packet will include: medical records and graphic photos of the broken bones and other injuries Kelly suffered, plus medical radiological imaging.

DATE: Friday, August 12^th, 2011

TIME: 10 a.m.

LOCATION: 6311 Wilshire Boulevard

Los Angeles, Ca 90048

CONTACT: Jacklin Boyadjian

(323) 653-6311 - jboyadjian@garolaw.com

Garo Mardirossian, the attorney retained by Ron Thomas, the father of Kelly Thomas, who was killed by officers of the Fullerton Police Department on the evening of July 5^th, will hold a press conference to discuss his representation of Mr. Thomas and his plans to initiate a civil action to uncover the truth of what occurred that caused the brutal death of Kelly Thomas. Mr. Mardirossian (see attached biography) has brought a government tort claim, which is a necessary first step in bringing a civil action in wrongful death against the City of Fullerton, the Fullerton Police Department, and the Fullerton Police officers involved in this incident.

Press Packet will include: the government tort claim and new photographs of Kelly Thomas before and after the incident.

At Mardirossian & Associates, Inc., we built our practice on word-of-mouth client referrals. We have obtained multi-million dollar verdicts and settlements for our clients, and, as a result, we are widely recognized in the legal community and in various industries.

We assist clients in greater Los Angeles and throughout Southern California who have been injured or who have lost loved ones due to another party's negligence or fault. We know how to quickly determine the next step in your personal injury case.

Contact our office by e-mail or call us at 800-341-4607 to discuss your situation with an attorney.

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