1 Police Officer Charged With Murder, 1 With Manslaughter in Beating of OC Homeless Man

DA Levels 2nd-Degree Murder Charges; Involuntary Manslaughter for Other Officer; 4 Cops Remain on Leave

By Alex Murashko, CP Contributor Thursday, September 22, 2011

SANTA ANA, Calif. – Two police officers from Fullerton, Calif., face murder charges in the beating death of a homeless mentally handicapped man on July 5 that involved four other officers.

Orange County District Attorney Tony Rackauckas charged officer Manuel Ramos with second-degree murder and involuntary manslaughter, in the death of Kelly Thomas who was taken off life support five days after the beating. A second officer, Jay Cicinelli, is facing an involuntary manslaughter charge and a charge of use of excessive force.

Thomas’ death sparked a steady stream of protests by Fullerton residents, and homeless and mental health advocacy groups that lasted more than two months and garnered nationwide media attention.

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Many observers have said the charges were made as the result of pressure from the group of supporters dubbed “Kelly’s Army,” and led by Thomas’ father, Ron Thomas. The group held a memorial fundraiser concert and food drive in Fullerton Saturday that led to a partnership with Pastor David Hernandez, the leader of The Neighborhood Church in Santa Ana.

At a press conference Wednesday, Rackauckas said that before the beating was initiated, Ramos said, "My fists are getting ready to f--- you up."

Cicinelli pleaded not guilty Wednesday and Ramos is scheduled to enter a plea on Monday. Ramos is being held in lieu of $1 million bail. He is being kept in isolation inside the Santa Ana jail because of earlier death threats, the high-profile nature of the case and his status as a police officer, sheriff's spokesman Jim Amormino told the Orange County Register.

Rackauckas said the murder charges against the police officers were based on evidence and accounts from 151 witnesses, from audio recorded by the officers and from a video recorded at the bus terminal in Fullerton close to the incident.

Ramos is the first on-duty police officer charged with murder by Orange County prosecutors in recent history, and possibly ever, the Register reported. The police officers, including Ramos instilled in Thomas a "reasonable fear for his life, that he was in danger,” Rackauckas said.

On July 5, Thomas was approached by Fullerton police officers responding to reports of cars being burglarized in the area. In a surveillance video taken aboard a public transportation bus, two passengers say officers had pounded the 37-year-old Thomas in the face and tased him six times.

One of the passengers is heard saying, “They beat him up, and then all the cops came and they hog tied him, and he was like, ‘Please God, please dad!’”

The DA’s statement includes an autopsy report that reveals Thomas became unconscious because he was unable to breath as the result of weight applied to his chest. He also suffered severe head and neck injuries, all contributing to his death in the hospital five days later, the report said.

An administrator of one of the several Facebook pages in support of Thomas is promoting another protest on Saturday. Thomas family supporters have held rallies in front of the Fullerton Police Department nearly every Saturday since the tragedy.

"The protests will continue, as per Ron Thomas, until all six officers are off paid leave, and charged," said the administrator, who wanted to remain anonymous.