The Power Of Social Media Forced Spotlight On Fullerton Police Abuse Case

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Fullerton police officer Manuel Ramos knew Kelly Thomas when he confronted him at a bus depot on July 5.

He knew Thomas was homeless. He knew Thomas was mentally ill. He knew Thomas had a reputation for being non-violent.

So maybe that’s why he thought he could get away with bullying and intimidating and threatening and beating and eventually killing Thomas.

Ramos also knew there was a surveillance camera at the bus depot. He had to know because it was controlled by police dispatchers who had the ability to zoom in close to subjects. The 10-year police veteran was also wearing a police-issued body microphone that recorded every word.

But he didn’t care.

He didn’t care how many people watched as he ordered Thomas to sit on a curb, demanding that he stretch his legs out and place his hands on his knees while his partner emptied the contents of Thomas’ backpack on his squad car.

He didn’t care how many people watched as he slipped on a pair of Latex gloves, then ball his hands into fists and hold them up in front of Thomas’s face when the homeless drifter appeared to have cognitive trouble following his orders.

“Now you see my fists,” he yelled at Thomas, who was sitting passively on the curb, just not with his hands on his knees.

“They’re getting ready to fuck you up,” he said, according to the Orange County Register, which compiled a step-by-step account of how the murder took place that summer night.

Ramos then grabbed Thomas’s arm. Thomas hopped up and took a few steps away, obviously in fear for his life.

Ramos pulled out his baton. Thomas held his hands in front of his face.

“Get on the ground,” Ramos yelled.

Ramos then chased him down a few steps, swinging his baton and tackling Thomas near another curb.

The physical altercation began as Ramos swung his baton and chased Thomas.  Ramos punched Thomas several times in the left ribs after tackling him to the ground. He used his hand to hold Thomas' neck, partially lying on Thomas to use his body weight to pin Thomas to the ground. He held him for other officers, who were responding to the call for help, to use their physical force against Thomas.

Officer Joseph Wolfe, the cop searching Thomas’ backpack for evidence that he was breaking into cars that night (and found none), came running to help pin Thomas down.

Eight minutes after Ramos and Wolfe confronted Thomas, Corporal Jay Cicinelli pulled up in his squad car and began torturing Thomas.

Three other cops arrived, Officer Kenton Hampton, Sgt. Kevin Craig and Cpl. James Blatney and held Thomas down as Cicinelli beat and tased him.

Cpl. Jay Cicinelli arrived at the scene at about 8:45 p.m. He kneed Thomas twice in the head and used his Taser four times on Thomas, including three times as a "drive stun" for about five seconds each. Then, Cicinelli conducted a "dart deployment," in which two darts connected to wires were ejected from the Taser and affixed to Thomas for roughly 12 seconds. Thomas screamed and yelled in pain while getting shocked by the Taser. Cicinelli then used the front end of the Taser to hit Thomas in the head and facial area eight times, while multiple officers pinned Thomas to the ground with their bodies. All of this happened with no audible sounds from Thomas.

The district attorney’s office compiled this scenario after watching the surveillance video, interviewing 151 witnesses and reviewing footage from two cell phone videos as well as the bus video, meaning there are at least two videos that have not been released to the public.

Orange County District Attorney Tony Rackauckas determined that Ramos and Cicinelli were the main culprits in Thomas’ death.

Ramos has been charged with second-degree murder and involuntarily manslaughter, which seems a little contradictory. He either meant to kill him or he didn’t.

And it seems as if Cicinelli is getting off easy with charges of involuntary manslaughter and use of excessive force. After all, he continued beating on Thomas after he had stopped showing signs of life.

But he is already out of jail after pleading not guilty and paying a $25,000 bond. Ramos, on the other hand, remains in jail on a $1 million bond, according to CNN.

And the other four cops are getting off scot-free.

Rackauckas said "the evidence does not show knowing participation in an unlawful act on the part of these officers."

But he also said these officers held Thomas down while Ramos and Cicinelli beat and tased him.

Anybody else participating in such a mob beating would have been charged with some type of conspiracy or accessory charge, even if all they did was hold the victim down.

So at what point do police officers become liable for their actions? Or in this case, their inaction to stop the other officers from killing Thomas?

Release of the video

The videos still haven't been released and it appears as if Rackauckas will do all he can to prevent them from being released.

But Thomas' father, a retired Orange County deputy, plans to file a lawsuit, meaning he will have access to the video as evidence for his own claim.

Ron Thomas has always said he wants the video released. After all, he was the one that released the initial photo of his son bloodied face in a hospital bed that generated so much attention, when the local media had ignored the case in the beginning.

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Even if he does try to release the video, Rackauckas or the cops' attorneys can convince the judge to issue an order forbidding the release the video.

I'm surprised it hasn't been leaked out by now.

Rackauckas is being praised by the Orange County Weekly as having his "finest moment" at the press conference (check out video in bottom of story).

This is a county where cops, even profoundly warped ones, historically have been given carte blanche. Nobody can remember a single cop ever being charged with unnecessarily killing anyone here in modern times.

So it wasn't surprising that prior to today's press conference, not one reporter who routinely covers Rackauckas predicted he'd file charges tougher than assault under color of authority. But the DA stunned everyone. I know firsthand that more than a few of his bitter critics are flabbergasted.

So perhaps Rackauckas is taking baby steps is answering the calls from justice from the people.

This case, as Reason TV explained in its video below, only came to light because the people wouldn't shut up about it. This was a case study of social media replacing traditional media.

 

On a local level, social media allowed locals to organize and attend a Fullerton city council meeting demanding answers, which drew the attention of the local media. On the national level, social media drew the attention of the national media and the FBI, which is conducting its own investigation.

Through blogs and Youtube and Twitter and Facebook, we all did our part in spreading the news, forcing our followers to pay attention to this horrific crime that was going unpunished.

Remember, it took a month for the cops to even be placed on paid administrative leave.

Cicinelli was so confident that he would get away with his crime that he bragged about it in the police locker room the following day.

But too many people witnessed what really happened. And at least one police insider watched the video and became extremely upset, calling the local radio station and describing what he saw.

And the locals continued to storm city council meetings and stage weekly protests, demanding justice for Kelly Thomas.

So knowing his career was on the line, Rackauckas was forced to do the right thing.

But he needs to release all the videos and pictures and autopsy reports as well as the personnel records of all the cops involved.

After all, this is just as much our case as it is his.

Comments

If this was down by a bunch of civilians everyone that was there and in any way touched the victim would be charged. Yet the cops that were there are allowed to continue in their jobs.

There is a case where someone lent his car to a couple of friends. They went out and killed someone. The guy that lent the car was charged with murder because someone his friends killed someone. They say he knew his friends were going out to steal stuff and because the murder was committed and he helped them by lending them his car he is just as guilty.

Seems that kind of rule needs to apply to the police as well.

Excellent article!

Funny how those two look right at home in their green smocks.

Its all wrong in so many ways and the people who can make it right are only going after the very worst offenders and the others will skate. Makes me want to puke. My respect for the law in CA declines at a steady rate on a daily basis.

I don't want the video released, yet. I want the jury to see it for the first time in court, that way they are desensitized by it the way they were with the Rodney King beating. True, if the RK tape wasn't released, nobody would have known about it. But, as Carlos said, social media drove the department to bring charges against the cops.

So did a single police officer attempt to stop the violence before Thomas lay unconscious? Is there not a level of criminal negligence here, or perhaps at least official misconduct?

What's the phrase again? "a few bad apples"? How about we start assuming there's a bit more than a "few" until some officers start standing up to their brothers in blue.

Also, can't there be a FOIA request for the video and audio of the incident?

Unfortunately the Supreme Court has found that the police have no obligation to protect the citizens. Their failure to act can't be used to prosecute them. They can be prosecuted for lying in their official reports after the incident, though.

Carlos,
Regarding the charge of both murder and involuntary manslaughter, this is a fairly common practice. If the jury doesn't want to convict on the top charge for whatever reason (they don't buy the evidence, they find the defendant sympathetic, etc.) the prosecutor provides them a lesser charge so the person can be convicted of some felony, at least. One would hope that this would be an open and shut case for the jury, but always good to have a backup plan.

I think the prosecutor in the Casey Anthony case probably didn't levy enough charges since he didn't seem to have enough evidence to prove his top charge. Indeed, there were jurors that came forward after that case that said they think Anthony probably killed her daughter, but maybe it wasn't wholly intentional.

I heard an interesting commentary not too long ago about the role of social media in these matters today with reference to the RK beating. Back then, a video camera was a large, bulky novelty. But with the advent of Smartphones, the Internet, Youtube, etc, the video would've been online in an hour, would've gone viral a couple hours later, and LA would've been in flames a mere 12 hours.

Cameras = Justice

Well done, Carlos. Thanks.

(Where is "Johnny Law"? What a cute little name...)

jn

spending a lot of time trolling the Friends of Fullertons website bad talking the dead guys dad etc.

Carlos,

What a wonderful writing!!!

Keep up your good work.

I dont think either one will do any real time.

These are the type of lowlifes that are on EVERY police force in the United States. I have had several instances where police hide behind their badge and treat the citizens that they are paid to protect this way. Wake up and realize that this is not as limited an issue as many think.

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