Why We Should Care About the Death of Kelly Thomas

At around 8:30 p.m. the evening of July 5, 2011, Kelly Thomas, a 37-year-old, mentally ill homeless man, was in the parking lot of the Fullerton bus depot when he was approached by police officers. Approximately 33 minutes later, Kelly was unconscious and taken to the hospital where five days later he was pronounced dead.

What happened in that bus depot parking lot? Can we learn anything from the death of KellyThomas? Why should we care about the death of one homeless person?

We know a great many details of the last minutes of Kelly's conscious life because they were captured on video tapes, including the following video available through YouTube:

On September 21, 2011, Orange County District Attorney Anthony Rackauckas held a press conference and announced that he had brought criminal charges against two of the six Fullerton police officers involved in that meeting with Kelly. Officer Manuel Ramos, 38, was charged with one felony count of second-degree murder and one felony count of involuntary manslaughter. Corporal Jay Cicinelli, 40, was charged with one felony count of involuntary manslaughter and one felony count of use of excessive force. The officers face maximum sentences in state prison of 15 years to life and 4 years, respectively.

During the press conference, Rackauckas said, "The biggest shame about this case is the fact that it could have been avoided. This never had to happen, and it never should have happened." He acknowledged that while in Orange County "we generally trust our law enforcement...[w]e must do everything we can to make sure we protect that trust, including prosecuting police officers if they violate the law."

On May 9, 2012, the preliminary hearing was concluded in this matter and the case against Ramos and Cicinelli was bound over for trial. Arraignment for both defendants was set for May 22.

Earlier, I conducted a phone interview with Rackauckas, a portion of which follows:

Question: Why did you, rather than a member of your staff, conduct the preliminary hearing in the Kelly Thomas case?

Rackauckas: This is a terribly important issue that we have here... Everyone is a stakeholder in it. When did the police act lawfully and when did they cross the line -- this has to be clear. I want it to be very clear to police officers. [The case of Kelly Thomas] is far from the line. On the other hand, it is important for people to know that we have a good police force...I think it's important to convey this message in the clearest way possible.

Question: How do you feel about homeless people?

Rackauckas: I have to say, looking at someone in Kelly Thomas' situation, there is a lot of vulnerability living on the street. Kelly Thomas was shirtless and he had a backpack that was not stolen, it had been discarded.

I don't want to see that, because of someone's vulnerability, that that person gets mistreated. My concern is that the law is followed and is followed by the police in a professional way and does not involve bullying someone. The police have a duty above that.

Question: Are you a compassionate person?

Rackauckas: Sure, I'm a compassionate person. I don't like to see people be hungry.

It's hard to get through [the video tape of Kelly Thomas' interaction with the police]. When I hear Kelly Thomas saying, 'I'm sorry," 'I can't breath,' 'Dad' and later in the tape, 'Daddy,' it's hard to hear.

It's normal to be empathetic. If you don't feel that way, there's something missing.

Question: What can we learn from this case?

Rackauckas: The police force is there to protect and serve and, in general, that's what they do. And they do it at the highest level. When they don't, they are subject to the law, just like everyone else.

Question: In your press conference on September 21, 2011, you said that this case never had to happen.

Rackauckas: That's the absolute truth. This kind of thing should not have happened. There certainly was too much force. We cannot tolerate the police being bullies. It's just not their job.

Every day in the United States, there are over 600,000 men, women and children who are homeless. They are vulnerable and rely upon the police as much as housed people do for protection and safety. Perhaps the case of Kelly Thomas will help all of us remember this.

I look forward to your comments.

 

Comments

[TheGimp420]

01:49 PM on 06/05/2012

"Kurt Loder asks me what I say to a Dead cops Wife.

Cops kill people everyday

That's Life"~Talib Kweli.

Sorry I can't shed a tear when I hear officer down...

[digital82711]

12:02 AM on 05/31/2012

The problem is that cops lie all the time and the courts allow them to get away with it. Police think perjury, false witness and brutality are occupational perks. I have twice been a victim of police perjury. When they are wrong and abuse their authority and you call them on it, when you read the police report it suddenly has you cursing and yelling and going berserk even when you never said a single curse word nor yelled a single time. Then they sit back and smirk. It happens all the time. Now I despise the police and laugh every time one is killed! What we need is more people going on rampages. Also, if people are going to kill others, I would prefer they would only kill police. When you falsely accuse an innocent man, that is the type of hatred you engender. I only hope that I don't die of a heart attack and instead it is something that is degenerative, because I have a thing to two to say before I go out, and if you hear it you won't like it it!

[ElaineP]

11:49 PM on 05/19/2012

Another aspect that would hinder outreach services to the mentally ill homeless is that most psych meds have to be taken twice a day, every day, for at least ten days in a row in order to be effective. Some psych Rx's can be given once a month via injection. However, this is not true of all psych Rx's. Also, to my knowledge, there is no Rx that treats claustrophobia. There is a possibility that if the schizophrenia is successfully treated, then the claustrophobia can be controlled. However, this does not always happen.

[Christine Schanes]

12:14 AM on 05/21/2012

Hi, ElaineP,

Thank you for your comment.

And thank you for all of this information about the practical aspects of taking this medication. I didn't know about this regime.

Usually I hear that people with schizophrenia often don't want to take their medication.

But, now I wonder that with this strict medication schedule, how is a homeless person going to take his/her meds on time, regularly while living homeless with possibly no clock/watch, calendar, water.

So, the obvious question is are you a psych doctor?

Christine

[ElaineP]

11:53 PM on 05/21/2012

No, I am not a psych doctor. My 29-year-old son A. is currently on three psych Rx's and I am familiar with his schedule for his meds. As I read the excruciatingly familiar history of Kelly, I flashed back on the numerous attempts I, my ex-husband P, and A's social worker have made during the past three years to obtain housing for A. Every attempt failed. Both P and I have been criticized for "abandonment" of A and for not moving him in with one of us. In addition to the impossibility of keeping him off of the ground while he is living with one of us, we need a long-term solution for A that he can be in after P and I die. It now appears that the only thing keeping A. on meds and in an unlocked board-and-care facility is his fear of again being committed into a locked facility.

[King7David]

12:31 AM on 05/17/2012

This is truly sad, but people of color have been saying for years, what others are only finding out now.

[Christine Schanes]

03:10 PM on 05/17/2012

Hi, King7David,

Thank you for your comment.

I agree with you about people of color having been saying this for years. And I agree that this is truly sad.

Please stay in touch,
Christine

[majorhoople]

12:21 AM on 05/17/2012

I attended the Fullerton City Council meeting last night during which several people, including Ron Thomas, spoke for the first time since viewing the video of the murder of Kelly Thomas. It was announced that Kelly's mother will receive a million dollar settlement. Mr. Thomas, a retired sheriff, is a man of tremendous character who is certainly not interested in money and is clearly after bigger game. I strongly recommend viewing the facebook site "Justice for Kelly Thomas" where there are videos of some of the speakers. The new police chief was reminded that he told some people that when they viewed the video they would understand why the police did what they did. I left the meeting with the conviction that the Fullerton Police Dept. should be disbanded. The problems there are deeply engrained and systemic. There is much to suggest that the city council was involved in an attempt to cover up this murder, and I suspect Rackauckas is involved in that too.
A note to Spydr9 below: expect nothing from Rackauckas. He is corrupt. If I'm not mistaken, Mike Corona's (now in prison) campaign manager is married to Rackauckas' chief of staff. The Orange County D.A.'s office is a complete mess, and the Kelly Thomas case may be his final undoing. I believe that only intervention from the Feds may finally bring justice to all 6 of the police officers involved.
Corrections to inaccuracies in this comment are welcome.

[Christine Schanes]

03:12 PM on 05/17/2012

Hi, Majorhoople,

Thanks for your comment.

And thanks for telling us about the meeting - very interesting.

Christine

[glitterik]

10:19 PM on 05/16/2012

It's a big world. Some bullies grow up to put on police uniforms, some carry guns and volunteer as neighborhood watchers so they can accost teens, and some grow up to steal jobs from thousands of Americans so they can make millions and then run for president. A really big world, and lots of bullies trying to run it.

[Christine Schanes]

03:16 PM on 05/17/2012

Hi, Glitterik,

Thanks for your comment.

There's a lot of emphasis upon bullies lately. And this looks like another example of bullies.

I still think that developing compassion is the answer. Compassion in all of us is vital for all of us.

What do you think?
Christine

[Spydr9]

07:20 PM on 05/16/2012

Rackauckas needs to file charges against all the Fullerton PO involved not just two of them.
https://www.facebook.com/Justice4KellyThomas?ref=ts

[Christine Schanes]

09:27 PM on 05/16/2012

Hi, Spydr9,

Thanks for your comment.

I appreciate the facebook cite.

Christine

[mskittykat1326]

12:41 PM on 05/16/2012

The more I read stories like this the harder it becomes to trust police officers. I have my personal own, albeit non-lethal, experiences, but near all of them end with a negative out look on those behind the badge. Even a close friend of mine, a former police officer, was an outcast amongst his peers because he refused to become part of that pack mentality. So many stories he shared of these dog-pile scenarios that were so common place, so many of his own negative experiences after he retired, shameful.

We all know that there are good cops out there, and the line of work that they do causes them to become callous over time, however so many more stories like this are popping up and it's deeply disturbing.

[Christine Schanes]

06:45 PM on 05/16/2012

Hi, MsKittyKat1326,

Thanks for your comment.

I too am concerned about all of us developing a "pack mentality." I believe each of us had to take responsibility for our actions, in spite of what other people are doing. This is not easy to do. But, becomes easier with practice.

Practicing compassion in daily actions helps us exercise compassion under more trying circumstances.

What do you think?

Christine

[mskittykat1326]

03:41 PM on 05/17/2012

Hi Christine!

 

I whole-heartedly agree. 
Personal accountability and compassion are the very things that this
society needs in order to start heading in the right direction.  However, as we grow more into a society of “entitlements”
or “me, me, me”, it’s becoming increasingly difficult to do as you’ve stated.
With practice yes it’ll become easier, but the key would be to get a person to
take that initiative AND a bit of added humility…something society again is
still lacking. 

 

How do you jump start that when one’s defense mechanisms
jump in front and center?

[ntantawy]

10:34 PM on 05/15/2012

This is utterly disgusting. I came to the US believing that the inhumane treatment of Egyptian police to citizens was unheard of in a democracy like the United States. But this video shows we have serious problems of police rage, racism and bias that need to be dealt with. Why do 6 police officers need to deal with one frail homeless man, I cannot figure out. Yet as tragic and horrific as this crime is, I am optimistic, more than I would ever be in Egypt. That is because we do have a democratic and fair justice system and I truly hope these disgusting officers get the punishment they deserve for ending this young man's life in such a brutal way.

[Christine Schanes]

06:48 PM on 05/16/2012

Hi, Ntantawy,

Thanks for your comment.

What an interesting perspective you have. I am sorry to learn about the inhumane treatment of citizens by the Egyptian police. That is very sad.

But, as you can tell, inhumane treatment is not limited to one country.

I think that if we all treated ourselves and others with compassion, we'd naturally evolve to better behavior under all circumstances.

Your thoughts on this?

Christine

[greengirl238]

03:12 PM on 05/15/2012

Thank you for posting this article. The Kelly Thomas case is also close to my heart and close to my home. I'm a mere 5 minute walk from the bus depot where this all took place, and I encountered Kelly a few times. I have been really out of the loop for the past few weeks on the case, and it isn't until today that I found out that Ramos and Cicinelli have been charged. I do not think their charges were nearly what they should be, but I mean, being nearly a police state, do we really expect them to fully punish the police? If it were a common person who did those things to Thomas, it would have been just as big of an ordeal at the Trayvon Martin ordeal. However because it was government officials, it was merely swept under the rug. I do not think that they were charged harshly enough and I think that all 6 of the officers who participated should be charged in one way or another.

Quis custodiet ipsos custodes?

[Christine Schanes]

11:32 PM on 05/15/2012

Hi, GreenGirl238,

Thank you for your comment.

And thank you for sharing that you live within 5 minute walk of the bus depot and that you met Kelly a few times.

Can you share something about what you thought of Kelly? What did you observe about him? And did you ever have a conversation with him? If so, can you share what you both said? Was he an apparently happy person? Did he have friends that you know of? Perhaps you were his friend?

A lot of questions, I know. But, I'd appreciate your thoughts.

Thank you,
Christine

[bertiemcn]

09:12 AM on 05/15/2012

Police have to be stopped. They get on a power high and take advantage of people.

[cforz]

10:26 PM on 05/14/2012

I can't fathom an excuse for this. I could only watch a part of the video. I feel sick, angry, and sad. I also feel differently about cops now. I think story after story, year after year of horrible treatment by some officers has suddenly caused my outlook to snap. Will justice be served in this case? Is it ever when the police are the ones doing the killing? For the record, two years ago my cousin was killed by police...and it was justified. I get that justified killings happen....but I no longer feel like I will ever be able to give another cop the benefit of the doubt. I can only imagine how frequently this type of thing happened before video recorders.

[madmartagen]

09:01 AM on 05/15/2012

Be glad you didn't hear all of it, listening to the bullies with a badge laughing at the end was too much for me

[Christine Schanes]

02:38 PM on 05/15/2012

Hi, madmartagen,

Thanks for your comment.

I know some people who can't watch or listen to any of this video.

However, as much as I don't like video cameras watching our activities, in this case the video does give us a lot of facts about Kelly's last conscious moments of his life. For this, I am grateful because it can remind us that we are all human beings, whether we are housed or unhoused.

Please stay in touch,
Christine

[Christine Schanes]

02:05 PM on 05/15/2012

Hi, cforz,

Thank you for your comment.

First let me say that I am so sorry for your loss of your cousin two years ago. When a life is taken, I feel it is tragedic whether it is justified or not.

Second, I agree that the video is hard to watch. And some of the most brutal parts are not visible on this particular video.

Third, I think that the OC District Attorney stated it so clearly - the police cannot act as bullies and, if they do, they are subject to the consequences of the law.

I know police officers who are fine members of their forces. I'm sorry that these officers in the Kelly Thomas case acted the way they did.

Hopefully, the video tape will act as a reminder that great power brings great responsibility.

Please stay in touch,
Christine

[KellyShannon]

10:22 PM on 05/14/2012

The Kelly Thomas case has captured my heart completely. I watched the video and have not been able to stop thinking of him since. My heart goes out to him and his family. They harassed him and had an arrogant condescending attitude from the begining of the tape. I can only imagine Kelly's confusion and fear. His pleading will forever be tattooed on my mind! How can ANY human being hear that and not back off. I think the Cops in this case deserve life sentences, PERIOD. I agree with an earlier comment about how unfair it is that if a civilian kills a cop its a life sentence or the Death Penalty...15 years is not comparable, ESPECIALLY when these people are supposed to be PROTECTING us. ALL of us. I thank GOD that there was a camera at the bus depot and I pray the JUSTICE is served and a Kelly Thomas Law is written to protect our fellow citizens, homeless or housed. RIP Kelly, you did NOT deserve this ending.

[Christine Schanes]

02:19 PM on 05/15/2012

Hi, KellyShannon,

Thanks for your comment.

I think that your statement, "The Kelly Thomas case has captured my heart completely." gives me great hope because it shows that compassion is alive and well.

WIth compassion, we can change attitudes and get more help for people in need.

Please stay in touch,
Chrisitne

[minerva117]

12:10 PM on 05/16/2012

KT's cause of death was "mechanical compression of the thorax" meaning that he was not able to draw adequate breath. When this happens, the body reflexively struggles against whatever is causing the compression, in this case the cops. The cops called that "resistance" and the harder he stuggled to breathe, the more brutal the beating became. What part of "I can't breathe" did they not understand?

[majorhoople]

09:43 PM on 05/14/2012

You might want to have a closer look at Rackaukas, beyond his charming demeanor. How many wrongful shootings have been pursued by the District Attorney's office during his tenure? Was the simultaneous filing of charges and the release of the video and audio sheer coincidence? Five'll get you ten the policemen involved get off. Hopefully the Feds will take over from there (civil rights violations).

[Christine Schanes]

02:22 PM on 05/15/2012

Hi, majorhoople,

Thanks for your comment.

Do you have any facts or proof about wrongful shootings not being pursued?

My hope is that the police officers who were involved get justice.

I wonder if the feds will pursue a civil rights action at the same time, before or after, the criminal case.

Please let me know if you hear something about this.

Christine

[wildcali]

09:35 PM on 05/14/2012

It does not matter if one lives in a castle or a cardboard box. The police can not beat people to death.

[Christine Schanes]

02:23 PM on 05/15/2012

Hi, wildcali,

Thanks for your email.

Your clear statement goes to the heart of this case.

Please stay in touch,

Christine