Kelly Thomas Beating Death: Fullerton Police Not Intentionally Deceptive, Says Report

FULLERTON, Calif. -- A California police department had no intent to deceive the public by releasing an old booking photo of a homeless man who died after a confrontation with officers or information about officers' potential injuries from the confrontation, an independent consultant said Tuesday.

However, the chief attorney for the Los Angeles Office of Independent Review recommended that the city of Fullerton draft a policy for releasing photos and make sure information is correct before releasing it.

"We found no evidence of intent by the Police Department to deceive or falsify," Michael Gennaco said during a packed City Council meeting as he gave an interim report on four issues related to the incident, which was partially recorded by bystanders' cellphone cameras.

Gennaco did not address the confrontation directly and said he aimed to report back about the struggle and Fullerton Police Department policies in April.

Police initially indicated that officers may have suffered broken bones in the July 5 confrontation with 37-year-old Kelly Thomas at a Fullerton transit hub. That turned out not to be the case, leading some people to question whether the department was trying to drum up sympathy, Gennaco said.

He also said the department should have consulted with Thomas' family before releasing an old booking photo that didn't portray him in a flattering light.

The city hired Gennaco after Thomas, who had been treated for schizophrenia, died following the struggle with six officers. Thomas died five days after the confrontation.

The Orange County district attorney's office filed charges last year against Officer Manuel Ramos, who has pleaded not guilty to second-degree murder and involuntary manslaughter, and Cpl. Jay Cicinelli, who has pleaded not guilty to involuntary manslaughter and excessive force.

Other issues addressed by Gennaco included the call for service that night by a woman who said a person she knew as "Kelly" was "roaming the parking lot" and "looking in cars" and "pulling on handles." He also said a search of a backpack carried by Thomas revealed mail, a passport and employee identification belonging to other people, but these items had been discarded and lost – not stolen.

Thomas' father said he thought the report somewhat vindicated his son but he did not believe the Police Department had no intent to deceive the public.

"All of it was intended to make Kelly look bad – every bit of it," Ron Thomas told reporters after the meeting. "They didn't have the facts there, and as it comes out now, it's not substantiated."

Earlier on HuffPost:

Comments

[vwstarchick515]

12:03 PM on 04/18/2012

I wish this case was publicized just as much as Trayvon Martin's. However there isn't a race card to pull...
What happened to Kelly Thomas by "police officers" (cowardly bullies with badges) is heinous. May Kelly Thomas rest in peace and get the justice that he deserves.

[Ring Ofire]

10:33 PM on 04/05/2012

Where were his parents...and all of the rest of the public when he needed their assistance before?? Why didnt ANYONE try to help him?? I can bet that if KT broke into your house for any reason, you would have shot him dead! How many times did the police get called for this guy acting out? I agree, this was a horrible tragic incident, and the police deserve to be punished for excessive force, but we didnt hear the exchange in words and this is an isolated incident. Obviously, KT didnt follow police orders or he would be alive today. I have been confronted by the police for traffic violations and never beaten for no reason!

Im just tired to hearing all of this "justice for KT"! In my opinion, those that are on this bandwagon are at fault for his death too since they NEVER helped him, opened their home to them, or provided any medical care, clothes, food for him! His parents or the authorities should have forced him into confined medical treatment if he was a threat at any time.”

[vwstarchick515]

12:06 PM on 04/18/2012

"Forced him into confined medical treatment"? How do you treat someone who doesn't want help? A person with mental disabilities still has rights. A person with a history of drug abuse still has rights.

[Ring Ofire]

11:09 AM on 04/19/2012

I agree, he does have rights; I never said he didnt. He also has the right to follow police orders which he did not, and also resisted when he didnt cooperate. Just think...if he would have done exactly what the police told him to do, he would still be alive.

There are laws that protect mentally disabled people and if they are not mentally able to behave normally, the parents can force treatment. The public also has rights, and if KT was breaking laws, tresspassing, soliciting, urinatine in public, then he will have to be responsible for the consequences. I am sure the police delt with this guy far too many times.

We cant just throw our arms up and forget it if someone doesnt want treatment if he poses any danger to society. I can guarantee if KT broke into your home, you wouldn't be so sensitive to his rights.

[kyte11]

04:06 AM on 03/28/2012

Fullerton Police department and the courthouse also needs to release records to LAMDA of all the entrapment cases against gay men that the fullerton PD has been involved in. This is just another way to keep a group of people down. Though it is only a misdeameanor and many men who have been arrested for this have never been arrested for anything else but, this in their lives. For some the charges are life altering. Not only losing their jobs but some have committed suicide. This has got to stop not only in Fullerton but throughout the US.

[rejco]

06:54 PM on 02/28/2012

The "Housing" for the homeless & mentally ill is SO HORRIFYING & PRISON-LIKE the homeless/ mentally ill have no choice but to live on the streets.....

[rejco]

06:52 PM on 02/28/2012

It's not uncommon for homeless people to be arrested JUST FOR BEING HOMELESS over & over & over; the horrors the homeless go through in the USA...

[Michelle Thornton]

08:43 PM on 02/25/2012

Oh okay, so says the guy that was hired by the city. What a load of crap this is. RELEASE THE VIDEO AND LETS SEE WHO'S GUILTY.

[Kaye Gullett]

04:25 PM on 02/25/2012

Cell phone video of Kelly Thomas beating:
http://www.youtube.com/watch?v=8CLrUmciSg8&feature=related
http://www.youtube.com/watch?v=kYJi3lgXLBU&feature=related
Kelly Thomas injuries
http://www.youtube.com/watch?v=XWiL2QgvNZ4&feature=related

[Kaye Gullett]

03:14 PM on 02/25/2012

Kelly Thomas died because of the injuries to his head and chest from a police beating. There has been no documentation of any injuries to a cop. I don't see how any rational person can say there was no intent to deceive the public by the Fullerton police. Anyone who saw the videos or watched the witness interviews and compared them to the initial police statements can clearly see what their "intent" was. Where is the Federal investigation in this case? Kelly Thomas was clearly mentally ill (discrimination) and his civil rights were violated. Fullerton PD should NOT be judging itself in this case!!!

[JtownesquireAgain]

01:09 PM on 02/24/2012

So..the police now have to determine whether or not the booking photo of a criminal presents them in a "flattering light"? It's a booking photo...which means this isn't the first run in with the law he had...we as a society are getting ridiculous.

[scotchleaf]

10:33 PM on 04/08/2012

Are you saying that a prior "run in" with the police gives them a right to beat you to death, or somehow excuses the killing?

[Danny Fry]

06:04 AM on 02/24/2012

And its only going to get worse................

[matt gordon]

03:05 AM on 02/24/2012

A lie is a lie.

[deleweye]

03:31 PM on 02/23/2012

They didn't intentionally attempt to deceive; they reflexively attempted to deceive. Cops don't have to think about what story they are going to tell, since their tribal paranoia tells them that press and public will always be too hard on them, so they have to always give "brother officers" the benefit of the doubt, or "wait until all the facts are in", ad infinitum ad nauseum. That is what makes the brutality and dishonesty of the police culture so damaging and so difficult to eradicate. It's not one or two bad apples, the barrel itself is rotten and will corrupt even good apples that are put into it.

[katgal1232]

09:40 PM on 02/24/2012

I concur, it is no longer a few they are rancid and moldy

[Acemkr6]

02:28 PM on 02/23/2012

The father of this guy who has stoked the fire, should look at himself in the mirror and ask himself if he did everything to protect his son, and he did not. The Police were wrong and they should be held accountable, But the father bares some responsibility and he should own up to it!

[outasite]

07:13 AM on 02/24/2012

And you knew them? Please, provide us with more information.

[katgal1232]

09:41 PM on 02/24/2012

Try taking care of an adult that does not want to be cared for. You do not know squat.

[Terri Skau]

11:25 AM on 02/23/2012

I live in the City of Fullerton. I'm 7 mins from where this happened...Yes they did try and deceive the public and what actually happened.

I would like to to see Officer Edgar and his team investigated. Now that would be really interesting...

[Ordinary Citizen]

11:20 AM on 02/23/2012

I wonder if there are betting odds on this one. California? could be close that the cops may get the hammer....

Then we all know the police will do what ever it takes to protect their own. The FACT that this man is dead is clear enough to make a decision that the police....killed him and will do anything to walk on it. Police will lie under oath, distort facts, and even fabricate evidence, come on we all know that they will do what ever it takes to protect their own.

It's the Police for goodness sake!