Originally posted by ConSigCor:


It's time to start compiling lists of these criminals names and addresses and posting them for all the world to see.

Originally posted by airforce:
Fullerton city officials have reportedly offered Kelly Thomas $900,000 to try to head off a lawsuit. (A city official reportedly told the parents they would have offered more, but their son was "no rocket scientist.")

The FBI has now confirmed it is launching an investigation into the death of Kelly Thomas.



Onward and upward,
airforce

...Fullerton police Sgt. Andrew Goodrich said the department has received hundreds of phone calls and e-mails from across California and hundreds turned out to protest Saturday morning at the Fullerton police station.

"It's not pleasant to see people in front of the police station calling the officers 'murderers,'" Goodrich said.

"We understand the community is outraged and concerned and what we've said all along is the incident happened, but the chief called for an outside agency to do a transparent investigation of what happened that night," Goodrich said....

Originally posted by ConSigCor:
[b]WHEN are people going to stop standing idly by while armed thugs commit murder???[/b]

Originally posted by ConSigCor:
When.

[b]WHEN are people going to stop standing idly by while armed thugs commit murder???

People need to stop being cowards and begin defending their neighbors. If the Nazi's want a war...give them one. [/b]

SBL
and I won't hesitate to draw on an officer if I see him committing murder in front of me.

Cops increasingly under siege after homeless death

http://news.yahoo.com/cops-increasingly-under-siege-homeless-death-091743663.html

FULLERTON, Calif. (AP) — Until last month, the most pressing issues in this quiet Southern California suburb were whether to build homes on rolling hills north of the city, how best to preserve a historic movie theater and a downtown bar scene that got a little too popular for its own good.

Now, the historic city that's home to five colleges and a vibrant nightlife is the target of international outrage after a mentally ill homeless man died following a violent fight with six police officers that was captured on camera. In the video, 37-year-old Kelly Thomas, who suffered from schizophrenia, can be heard crying out for his father over the zapping sound of a stun gun.

The incident last month has ensnared Fullerton in an ever-widening array of state and federal investigations, resignations and rowdy protests — and things promise to get worse for the city before they get better. The acting police chief last week ordered an internal investigation into an unrelated, but volatile confrontation last year after reviewing cell phone footage that appears to contradict sworn testimony given by police officers in court.

Public outcry over the new video prompted the department to acknowledge that officers may have arrested the wrong man. That man, Veth Mam, on Friday filed a federal complaint alleging officers used excessive force and falsified their police reports after arresting him. Mam, 35, was acquitted by a jury earlier this month on charges of assault, battery and resisting arrest, in part because of cell phone video depicting his own arrest.

The two incidents have put Fullerton, an unassuming Orange County city best known as the home of a prominent California State University campus, on the map from Germany to Korea — and unhappy residents and business owners are hunkering down. The city, founded in 1887 in the midst of citrus groves, prides itself on its roster of refurbished turn-of-the-century brick buildings, a bustling summer farmer's market and a hopping nightlife in the redeveloped downtown with a jazz scene that has been known to attract the likes of actor Joe Pesci.

Most families who move to the city put down permanent roots and enjoy the small-town feel in a county better known for its sprawling suburban developments and web of freeways.

"It's a very friendly place, it's kind of low-key and because this has happened now that's all that anybody knows about us," said Michael Ritto, president of the Fullerton Downtown Business Association. "People are all upset, people are marching. I go to work and every day, all day, there's TV cameras and crews everywhere."

The city's biggest quality-of-life issue, an overly active bar scene, has been somewhat tamed in the past several years but is still an issue for police. Mam's arrest last year happened as bars were letting out around 2 a.m.

"They're telling people, 'Don't go to Fullerton.' Nobody here did anything wrong. Why should the retailers suffer?" said Ritto, speaking of the protesters who have packed public forums and marched outside the police station every Saturday for a month.

For Fullerton, things began spiraling out of control on July 5, when Thomas got into a violent fight with police officers who were responding to reports that someone had been burglarizing cars at a downtown transit station. Thomas, who suffered severe head and neck injuries, was taken off life support on July 10.

The incident was captured from a distance by a bystander with a cell phone camera and surveillance video from a bus captured upset witnesses telling the bus driver that officers had beaten and repeatedly used a stun gun on Thomas as he cried out for help.

The district attorney's office is investigating the death and the FBI has launched a criminal probe to determine whether Thomas' civil rights were violated. The City Council also last week voted to hire an independent consultant to untangle the events leading to Thomas' death.

The district attorney has additional video of the incident from city surveillance cameras but authorities have not released it — or the officers' names — citing the ongoing investigation.

Police Chief Michael Sellers went on medical leave last week after repeated calls for his resignation and a recall effort is underway against a councilman, the mayor pro tem and Mayor Richard Jones, a retired surgeon who angered many when he said he had seen injuries worse than those suffered by Thomas during the Vietnam War.

On Friday, attorney Garo Mardirossian, who is representing Thomas' family, announced he had also filed a federal civil rights lawsuit on Mam's behalf. He alleges that one of the officers involved in Mam's case was also involved in the fight with Thomas.

Sgt. Andrew Goodrich, a police spokesman, declined to comment on specific allegations in the lawsuit or to confirm the officer was involved in either case.

Mam, 35, was accused of jumping on an officer's back and choking him outside of a bar he and his friends had just left. His criminal attorney, David Borsari, said Mam was actually recording the arrest of his friend on his cell phone when the officer in question knocked the device out of his hand, and wrestled him to the ground where he was arrested.

Another bystander picked up Mam's phone and captured Mam's arrest — footage that proves he never attacked an officer, said Borsari.

The cell phone video was used as evidence by both the prosecution and defense during trial and Mam was acquitted on all counts.

"Once they know that they've been caught, they fall back on, 'It's a mistake,'" Borsari said. "I believe it was a calculated attempt to file a false report to mislead a jury."

Goodrich, the police spokesman, said allegations that the officers in the Mam case perjured themselves were false because they believed when they testified that they had arrested the right person.

"I've said it many times, this is a good department that focuses on community service," Goodrich said. "There's a lot of attention focused on us because of the Kelly Thomas incident and we understand that and we respect that."

Prosecutor Rebecca Reed, who handled Mam's case, said her office received the tape more than a month before trial but no one reviewed it until she watched it on the first day of the misdemeanor trial in June. She relied on officers' accounts in building her case, she said.

"I thought it was reasonable that Veth Mam had been involved in this altercation before filming," she said. "The video did not show the whole story."

_______

Associated Press Writer Greg Risling reported from Los Angeles.

Ramos knew Kelly Thomas from prior contacts. He did not believe Kelly Thomas posed him any risk. Thomas was shirtless with a backpack wearing a pants with no obvious bulges. The officers did not think he needed to be patted down. While Ramos's partner went through Thomas's backpack, Ramos gave Thomas instructions. His instructions were to sit with his legs out with his hands on his knees. It would be obvious to any reasonable observer that Thomas had cognitive issues and had problems following Ramos's instructions. After several minutes, Ramos escalated the contact into a physical altercation.

Ramos made a deliberate showing of putting on latex gloves in front of Kelly Thomas. He stood over Kelly Thomas and repeatedly said to put his hands on his knees. Thomas would put his hands back and fold his legs. Ramos stood over kelly thomas with a pair of latex gloves and he made a demonstration while he was standing over kelly thomas of putting on those gloves in a menacing manner. When he put the gloves on, he ordered Kelly Thomas, "put your hands on your f-ing knees." He leaned over Thomas in a menacing way. He made two fists. He put his fist in Thomas's face and said, "See my fists? They're getting ready to F you up."

By making this declaration of violence against Kelly Thomas, Ramos instilled in that victim fear for his life. Fear of a police officer who wanted to F him up with his fists. Police officers have a right to force. But citizens have a right to self defense in the face of excessive force. Ramos took this contact from lawful use of detention to unlawful use of excessive force when he raised his fist. Ramos then grabbed Kelly Thomas by his arm. Thomas started taking steps away from Ramos. Then a baton came out. Kelly Thomas put his hands up, palms out, in a defensive positions. Palms open. Ramos yelled at Kelly Thomas, "Get on the ground." The other officer came running out from behind his car to assist with the arrest that officer Ramos was doing. The evidence does not indicate that Ramos' partner had any involvement in the exchange, or that he had any knowledge that Officer Ramos was engaged in unlawful police conduct. The physical altercation began as Officer Ramos swung his baton and chased Kelly Thomas. He punched Thomas in the ribs several times on the ground. He put his hand on Kelly Thomas' neck for leverage. He held him for other officers to use their force on Kelly Thomas. Wolf (Ramo's partner) kneed him and tackled him. Cicinelli arrived at the scene at 8:45 p.m. and kneed Kelly Thomas twice in the head. He used his taser four times on Thomas.

Three of the times Cicinelli taser Kelly, he held the charge five seconds. The fourth time he tased him, he discharged darts, and shocked Thomas for approx 12 seconds. 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 officers' bodies. There was no audible response from Kelly Thomas at this time. When Kelly Thomas didn't scream, it should have indicated to Cicinelli that Thomas was down.

The evidence does not show that responding officers actually beating Thomas.

Thomas' numerous please of "I'm sorry," "I can't breathe," "Help," "Dad," were all to no avail. Kelly Thomas not responding when the blows to his face occurred? No help. The growing pool of blood? No help. Ramos is charged with murder for creating this dangerous situation that placed KElly Thomas' life in jeopardy and for placing the responding officers in that situation.

Ramos had to know he was creating a situation where Kelly Thomas would fear for his life. Ramos knew that the other officers would come to his aid and assist in applying force to Kelly Thomas. Ramos knew when he did that that Kelly Thomas was going to be hurt. Badly hurt.

The cause of death was mechanical suppression of the thorax. Kelly Thomas could not inhale. Over time his brain was deprived of oxygen. He went into a coma and died. That is the primary cause of death.

It falls short of professional police conduct.

Originally posted by airforce:
It falls short of professional police conduct.

Originally posted by McMedic:
This gets my vote for understatement of the year.

U.S. District Judge Andrew J. Guilford verbally lashed the Fullerton Police Department in its handing of allegation by sexual misconduct of an officer, calling the police department actions as “shocking” in its failure to take serious steps to preserve and act on evidence.

Officer Albert Rincon is accused of a pattern of detaining women and using the detention to make sexual propositions or even grope women. Notably, he not only routinely failed to call for a female officer for pat-down, as required “whenever practical” under city policy, but actively shut off his digital audio recorder. On the later issue, Guiford wrote, “This is different than simply forgetting to switch it on. This means that Rincon chose to leave no audio recording of the arrest.”

Nevertheless, the Fullerton district attorney found the allegations without proof beyond a reasonable doubt despite seven women alleging abuse. Prosecutors insisted that there was evidence that the women had spoken with each other about their allegations. However, Guilford called the city’s handling of the situation “weak” and “shocking” and noted that the officer was just required to go through pat-down training.

A judge Wednesday ordered Fullerton Officer Manuel Ramos and Cpl. Jay Cicinelli to stand trial on all charges in the death of Kelly Thomas, who died five days after he encountered the officers at a Fullerton Transportation Center in July.

Officer Manuel Ramos is charged with second-degree murder and involuntary manslaughter in the death of Thomas. Cpl. Jay Cicinelli is charged with involuntary manslaughter and excessive force.

Ramos faces a potential sentence of 15 years to life if convicted of second-degree murder but only four years if convicted of involuntary manslaughter. Cicinelli faces a maximum sentence of four years in prison.

"I can't say that I'm happy," Kelly Thomas' father Ron said after the order was issued. "These past few days have been traumatic for me again. I've said many times we're in a war, and this is just another battle that fortunately for right now we have won."

Judge Walter Schwarm heard from witnesses and viewed surveilance video of the beating during a preliminary hearing that started Monday. During the transportation center surveillance video, Thomas -- a homeless man who suffered from mental illness -- can be heard calling for his father and telling officers that he cannot breathe.

Thomas died five days later after he was removed from life support.

UC-Irvine trauma surgeon Dr. Michael Lekawa testified Tuesday that Thomas suffered from hypoxia -- the body as a whole or a region of the body wasn't getting enough oxygen.

But defense attorneys have questioned witnesses during the preliminary hearing about whether the actions of responding paramedics might have contributed to Thomas' death.

At a pre-trial hearing in December, Ramos' attorney said the officer used "only that force that was necessary" to restrain "a non-compliant suspect."

The 38-year-old Ramos is a 10-year Fullerton police veteran. Cicinelli, 42, and Ramos are on unpaid administrative leave. Four other officers who responded to the bus depot were not charged.

It was Ramos who started the chain of events that led to Thomas' death, according to District Attorney Tony Rackauckas. He arrived at the transportation center after a report of car break-ins. Officer Joe Wolfe arrived a short time later.

The officers said they found mail addressed to someone else in Thomas' backpack.

In the surveillance video, Ramos can be heard telling Thomas, "Now you see my firsts? They're getting ready to f--- you up."

"There's just no way in the world that's lawful conduct," Rackauckas said. "Is that implied malice? Of course it is.''

When Thomas got up to run, Wolfe struck him with the baton, according to Rackauckas. Cicinelli arrived and began using his stun gun on Thomas, the DA said.

"He does not give him time to comply. He just zaps him again," Rackauckas said. "Then he jumps on him and smashes his face with the Taser. Those aren't my words, those are his words."

But Ramos defense attorney John Barnett argued that, under the prosecution's logic, "a suspect can flee with impunity." He also argued that Thomas couldn't have taken the threat seriously because he said, "Start punching, dude.''

As for Cicinelli, his attorney argued that he had no way of knowing what had happened before he arrived. All Cicinelli saw when he arrived were his fellow officers involved in a struggle with a "combative'' suspect, attorney Michael Schwartz said.

"We don't use 20/20 hindsight to judge those officers,'' Schwartz said. "We can't have suspects dictate what an officer can do under the law.'' (...)