Kelly Thomas Death: OC DA Sees No Evidence Of 'Intentional Killing'

SANTA ANA, Calif. — A California prosecutor said he hasn't seen evidence suggesting police tried to kill a homeless schizophrenic man who died after a violent confrontation with officers in the college town of Fullerton.

"As far as intentional killing – whether an officer intended to kill him ... I have not seen any evidence of that in this case," Orange County District Attorney Tony Rackauckas told the Los Angeles Times.

His office is trying to determine whether the six Fullerton officers used excessive force when they confronted 37-year-old Kelly Thomas on July 5. The officers were investigating reports of a break-in at a Fullerton transit hub and tried to search Thomas' backpack when they got into a fight with him.

Thomas suffered severe head and neck injuries and was taken off life support five days later.

Rackauckas said his office is trying to expedite the criminal investigation by adding extra investigators.

He told the Orange County Register he has not ruled out any charges. Speaking in general, he said prosecutors can file murder charges if they find that officers acted with such malice that it approached an intent to kill. He said prosecutors could also file involuntary manslaughter charges if they find that the officers used excessive force.

The coroner's office has not determined a cause of death because it is waiting for results of toxicology tests.

Thomas' father told the Times that MRI and X-ray results from the hospital that treated his son showed he suffered a severe brain injury caused by a lack of oxygen and blunt force trauma.

Ron Thomas, who earlier released a graphic photo of his son's bloody, swollen and barely recognizable face, said the facial bones had also been broken.

Kelly Thomas' death has sparked outrage in the suburb southeast of Los Angeles. A bystander recorded the incident with a cell phone. A bus surveillance tape showed agitated witnesses describing how officers beat Thomas and used a stun gun on him repeatedly as he cried out for his father.

Rackauckas said he has seen a surveillance tape from the bus depot that prosecutors and police have refused to make public. He declined to describe its content, saying only that it "shows a lot and there is a lot it doesn't show."

The police department has called the case an isolated incident and put the officers on administrative leave.

The FBI is also investigating.

Comments

[bmwhc]

06:21 PM on 09/08/2011

I smell the musty stench of a coverup coming.

[Phemale]

03:49 AM on 08/12/2011

Here's the deal...

Glass eyed Jay Cicinelli was reported to be the cop who administered the most damage; Smashing his tazer into Kelly's forehead until it broke and blood squirted all over Jay's arms and chest.

As some of you are already aware, Jay received his glass eye after he was shot in the face and body while working for the LAPD.

Within the 'LEO world', Jay is considered somewhat of a hero and that's why these co-conspirators are covering up his actions.

Not to mention, how much money that Fullerton stands to loose in a civil suit/settlement

The public needs to stay strong and stay LOUD!!!

JUSTICE FOR KELLY THOMAS!!!.

[dbrett480]

01:53 AM on 08/11/2011

It's very unfortunate that this tragedy is being used to attack all law enforcement officers. When a teacher has sex with a student, we don't see comments that attack the whole education profession. When a truck driver or bus driver gets drunk and gets into an accident, all drivers are not labeled as drunks. The father of the victim was a law enforcement officer; I'm sure he wouldn't want his profession attacked just because of 6 officers.

[scott12345]

05:58 AM on 08/24/2011

Police departments in California all run similar to the Fullerton Police Department.

If Fullerton Police Department procedures can allow the beating to death of innocent civilians then the Police Departments procedures are corrupt.

This means all Police Departments in California are corrupt in similar ways.

We need independent counsel to investigate Police Officer abuse.

To have a DA investigate abuse is a conflict of interest.

We should all be very afraid of all law enforcement officers after this horrendous beating to death of an innocent man by Fullerton Police.

[Rob 8]

07:58 PM on 08/10/2011

"His office is trying to determine if excessive force was used." So tasering a helpless person 6 times may not be excessive force? So 6 police officers beating an unarmed man into a coma and killing him may not be excessive force? So drop knees to the throat and nose of an unconscious, defenseless person may not be excessive force? So repeatedly hammering a defenseless person's skull with the pistol grip of a taser until blood spurts out all over may not be excessive force? So crushing the face, throat, and skull of a defenseless person may not be excessive force? If the DA really cannot or will not determine if excessive force was used, the governor should step in and remove the DA from the case.

[treemonkey]

11:07 PM on 08/09/2011

Having seen the picture of Kelly's face, I might believe that the police did not arrive planning to kill anyone, but considering that they are professionals, have probably even testified in cases of blunt force injuries, is it possible to believe that somewhere during the delivery of all those blows, hearing bones breaking, and hearing the plaintive wail of a child calling, "Daddy, daddy, daddy," the thought never occurred to them that they were killing Kelly Thomas. This to me was the epitome of wanton cruelty. whether or not the DA gets his way in downgrading the charges, it seems to me that the schizophrenic may have been the only person involved who acted with any form of sanity.

[Foodgrade]

10:44 PM on 08/09/2011

That license to kill. They make me sick.

[catcrazee]

10:35 PM on 08/09/2011

Tasered (sp) 5 or 6 times, beaten to the ground, beaten once on the ground, all or most facial bones broken, severe head trauma and internal bleeding...at some point the "intent" obviously did change from subduing to something more nefarious. Looks like some degree of murder was committed...IMHO

[digital82711]

10:10 PM on 08/09/2011

Now, image six people decided to protect themselves from and attack by an out-of-control cop who had over-stepped his authority and was beating a guy.

Imagine six citizens stepped in and in the process of subduing the officer turned his face into mush by repeatedly smashing it into the sidewalk as he lay unconscious.

Imagine then the people got to decide if they were out or order and intended to killing the officer.

The state is corrupt and always protects its criminality. This is why a revolution is coming. Americans are tired of nonsense and lies by the state.

If I decide to put a beating on a guy equivelent to that given by six officers, I would be jailed no questions asked and no bail allowed.

I don't want to kill any police either. I would just like to beat their face on the concrete until they are brain dead. I wouldn't want to kill them though.

See the absudity of this argument?

Smash the police state. Either these guys go to jail or the people stand up and revolt!

This is what our soldiers do day in and day out in other countries. Then you wonder why they hate us? It is definately not because of our freedoms.

[Edward Wilkes]

09:21 PM on 08/09/2011

It is time to turn California into the burning London divide !!!!!!!!!!

[robin360]

08:47 PM on 08/09/2011

I see no difference between these pigs and the scum that beat Brian Stowe at Dodger Stadium.

My apologies to actual pigs.

[1frank]

11:55 PM on 08/10/2011

I do they have the legal right to murder anyone without fear of proscecution.

[Jeffrey S Walker]

12:26 AM on 08/11/2011

Brian had been talking trash all day while Kelly was sitting silent. Brian was sane while Kelly suffered from schizophrenia. Brian had a home while Kelly didn't. Brian drove to L.A. while Kelly had no car. Brian ate well while Kelly dug through trash. There is no video, only witness testimony in Brian's case which will be gold in court while there is a video being suppressed by the police in Kelly's case and you can hear the D.A. already clouding the testimony of the witnesses. Brian lived while Kelly died.

The cops are paid by us while the gang bangers sell drugs. The cops are supposed to use reasonable force while no one expect banger to. The cops are free during the investigation while the bangers sit in jail. The cops have the D.A. on their side while the banger have the D.A. calling for their heads. Most the cops will never face charges while the bangers will face many. The cops will have the best lawyers while the bangers will have a public defender. The cops struck Kelly multiple times over several minutes while the bangers only punched his HEAD once, Brian went out and hit his head on the pavement The cops showed no mercy while the bangers did. Society expects the police to act with respect while no one expects that out of a banger. The cops killed while the bangers didn't.

Now can you see a difference? Which is worse?.

[robin360]

01:59 PM on 08/11/2011

Wow, you put in a lot of time and effort to make absolutely no sense.
1. Brian Stowe was at a baseball game, talking trash is not a crime, last I heard. Were you there? Are you implying that he had it coming?
2. I was comparing the cops to the people that hurt Brian Stowe, not one victim to the other.
3. "Brian lived". Brian is barely living. Which is worse?
4. "The bangers only punched his head once". Wow, empathic, relevent comment there, Jeffrey.
5. "Brian went out and hit his head on the pavement" and the "bangers" showed mercy. No comment neccesary.
5. I was refering to the psychopathology of both of the preditors; they both dehumanized their victims and used the ignorant act of violence to problem solve. Neither is worse, it's not a contest. They are both disgusting acts of depravity.

[ImWideAwake]

06:02 PM on 08/09/2011

The officers should be removed from their homes, they are suspects in a crime and should be placed in Jail until the law decides their punishment. They have proven what they are capable of and are a serious danger to their children, their families and the entire community. They should be treated like other people who have committed a serious crime.

[runfastandwin]

02:56 PM on 08/09/2011

They beat a defenseless man to death. It can't be spun. I have no doubt the DA will find a way not to press charges, but that does not change the truth. What these people never seem to realize is these actions will come to haunt them in their later years. The brain is a funny thing, and it always finds a way to revisit horror.

[lotus321]

02:45 PM on 08/09/2011

What is sad is that we hav eno rights as civilains to step end and stop this kind of beating.

[aqueryan]

02:41 PM on 08/09/2011

It's funny how people tend not to see what they DON'T WANT TO see.

[ImWideAwake]

02:19 PM on 08/09/2011

The image is here:

http://morallowground.com/2011/07/28/kelly-thomas-homeless-schizophrenic-beaten-to-death-by-fullerton-ca-police-victims-ex-cop-father-calls-it-cold-blooded-murder/