Cop Charged with Murder in Homeless Man's Death

Two Fullerton police officers were charged today in connection with the death of a schizophrenic homeless man who was left hospitalized after his violent July 5 arrest by six officers and taken off life support five days later.

Officer Manuel Ramos, 37, was charged with second-degree murder and involuntary manslaughter, while Cpl. Jay Cicinelli, 39, was charged with involuntary manslaughter and use of excessive force, according to Orange County District Attorney Tony Rackauckas. All the charges are felonies.

They are charged in the death of Kelly Thomas, 37, who was arrested July 5 at the Fullerton Transportation Center. Thomas' subsequent hospitalization and death touched off a firestorm in Fullerton, including an effort to recall three City Council members and calls for the police chief to resign.

According to Rackauckas, Ramos faces up to 15 years to life in prison if convicted. Cicinelli—a former Los Angeles Police Department officer who left the agency on disability after losing an eye in a South Los Angeles shooting—faces up to four years in prison.

Rackauckas said the charges were needed to maintain public trust in the police department.

"We must do everything that we can to ensure that we protect this trust, including if necessary, prosecuting police officers who violate the law,'' the district attorney said.  "... The biggest shame about this case is that it didn't have to happen. It could have been avoided. It never should have happened.''

He noted that Ramos threatened Thomas during the arrest, put on latex gloves and told the man he was going to beat him.

"By making this declaration of violence ... Ramos instilled in that victim fear, a reasonable fear for his life, that he was in danger and he was in danger by a police officer who wanted to `f' him up with his fists,'' Rackauckas said.

Thomas' father, Ron Thomas, and his attorney Garo Mardirossian met with Rackauckas after the announcement and praised the decision to file charges.

"I thanked him a lot,'' Thomas said. "He's really adamant about pursuing justice. ... He's extremely serious about prosecuting these men to the fullest extent. ... I think it's very, very good what he's done.''

Thomas acknowledged that he feared the prosecutor would not file charges against any of the officers.

"We came in here expecting the worst and got the best,'' Thomas said.

Thomas added that Rackauckas assured him there would be no plea bargains.

"Tony Rackauckas made it clear this murder charge will not be reduced. He will not negotiate this,'' Thomas said.

According to Rackauckas, Ramos—who knew Thomas from previous contacts—and Officer Joseph Wolfe were the first to arrive at the transportation center shortly after 8:30 p.m. July 5. They contacted Thomas, and while Wolfe walked toward his patrol car to look through Thomas' backpack, Ramos began barking orders at the homeless man.

Suffering from obvious mental difficulties, Thomas had trouble following the officer's orders, and Ramos became increasingly aggressive, the district attorney said. The officer ordered Thomas to sit on the ground with his legs outstretched and his hands on his knees, and when he failed to comply, Ramos put on the latex gloves in a "menacing'' maneuver, according to Rackauckas.

"Ramos leaned over Kelly Thomas in this most menacing way,'' Rackauckas said.

"He made two fists with his gloves on, two fists. He lifted his fists to Kelly Thomas in front of his face so he could see them, and he said, 'Now see my fists, they're getting ready to `f' you up.'

"That declaration was the turning point. That was the defining moment. Ramos was telling Kelly Thomas at that moment that this encounter had changed. That it went from a fairly routine police investigation, a fairly routine police detention, to an impending beating by an angry police officer.''

Rackauckas said Wolfe was still by his patrol car at the time, and was unaware of Ramos' actions, and ran back toward them only when Thomas had stood up and Ramos was swinging a baton at him. Wolfe helped detain Thomas, but "the evidence does not indicate that Officer Wolf had any knowledge that Officer Ramos was engaged in any unlawful police conduct.''

Four other officers eventually arrived on the scene in response to a call for help—Cicinelli, Sgt. Kevin Craig, Cpl. James Blatney and Officer Kenton Hampton.

Cicinelli kneed Thomas twice in the head and used his Taser on the man four times, according to Rackauckas, adding that the corporal also hit Thomas in the face with the Taser.

"Kelly Thomas screamed and yelled in pain when he was being Tased,'' Rackauckas said. "Cicinelli used the front of the Taser to hit Kelly Thomas in the face eight times while Kelly Thomas was pinned to the ground with the weight of the other police officers' bodies. All of this hitting with the Taser happened and there was no audible response from Kelly Thomas at that time. When Kelly didn't scream in response to these blows, it should have indicated to Cicinelli that Kelly was down and seriously hurt.

"From what's visible on the videotape, Kelly Thomas appeared to be acting in self-defense, in pain and in a state of panic,'' the district attorney said. "His numerous pleas of  'I'm sorry,' 'I can't breathe,' 'Help,' 'Dad,' all to no avail.

"Screams, loud screams, didn't help,'' Rackauckas said. "Kelly Thomas not responding when the blows to his face occurred, no help, [nor)] a growing pool of blood as Kelly Thomas became unresponsive.''

"... We simply cannot accept that in our community it is within the police right to place gloves on a police officer's hands and ... say `These fists are ready to `f' you up.' That is not protecting and serving. Ramos had to know that he was creating this situation where Kelly Thomas would fear for his life.''

Rackauckas said he did not anticipate any charges being filed against the other officers who were on the scene of the arrest. All six officers had been placed on paid administrative leave and will remain on leave pending the outcome of the various investigations, according to Sgt. Andrew Goodrich of the Fullerton Police Department.

Ramos and Cicinelli have both turned themselves in to authorities and were scheduled to be arraigned at 2 p.m. Prosecutors plan to ask that Ramos be held in lieu of $1-million bail, and that Cicinelli's bail be set at $25,000.

Fullerton police Chief Michael Sellers has gone on a month-to-month medical leave since August, when two City Council members called for his resignation, leaving Capt. Kevin Hamilton as acting chief.

Ron Thomas, a former sheriff's deputy, and the victim's mother, Cathy, have filed a claim against Fullerton, the precursor to a lawsuit.

"I didn't expect this,'' Thomas said after the charges were announced. "I am elated.''

"It's very hard to hold my composure of course, very hard, it's exactly what we've all wanted,'' he said.

Mardirossian, the family's attorney, said the charges were a positive first step.

"But at the same time let's not forget we can't bring Kelly back,'' he said. "What Kelly when through that day, no human being should have gone through. ... We've got to make sure these officers are convicted and sent to jail so another Kelly Thomas beating does not occur.''

The FBI has opened a parallel investigation into whether the officers violated Thomas' civil rights and Fullerton City Council members have also hired an independent investigator to do an internal review of the arrest.

—Paul Anderson, City News Service