Cop Charged With Murder Was Trying to Calm Situation, Attorney Says

A 37-year-old police officer facing homicide charges in the death of a schizophrenic homeless man pleaded not guilty today, and a judge rejected his bid to lower his $1 million bail.

Officer Manuel Ramos was charged last week with second-degree murder and involuntary manslaughter and Cpl. Jay Cicinelli, 39, with involuntary manslaughter and use of excessive force in the death of Kelly Thomas, 37, who died after a violent confrontation with six officers responding to reports of car burglaries July 5. The other four officers involved in Thomas's arrest will not face criminal charges. All six officers are on administrative leave.

Ramos and Cicinelli turned themselves in after the charges were announced last week.  Orange County Superior Court Judge Erick Larsh set bail at $1 million for Ramos and $25,000 for Cicinelli and ordered them to surrender their weapons. Cicinelli, who posted bail Wednesday, is due back in court Nov. 4. Ramos has been incarcerated at the Intake Release Center in Santa Ana, said sheriff's Lt. Mike Peters.

Rackauckas said Ramos, a 10-year Fullerton Police Department veteran, faces up to 15 years to life in prison if convicted. Cicinelli, who left the Los Angeles Police Department on disability after losing an eye in a South L.A. shooting in 1996 and who has been a Fullerton officer 12 years, faces up to four years in prison.

Rackauckas said Ramos threatened Thomas during the arrest, put on latex gloves and told the man, ``Now see my fists? They are getting ready to f--- you up." Officers then struck Thomas' head and body as he cried out for his father and told them, ``I'm sorry."

``That declaration was the turning point,'' the district attorney said.
``That was the defining moment. Ramos was telling Kelly Thomas at that moment that this encounter had changed. That it went from a fairly routine police investigation, a fairly routine police detention, to an impending beating by an angry police officer.''

Cicinelli kneed Thomas twice in the head and used his Taser on the man four times, Rackauckas said, adding that the corporal also hit Thomas in the face with the Taser eight times.

``From what's visible on the videotape, Kelly Thomas appeared to be acting in self-defense, in pain and in a state of panic,'' the district attorney said. ``His numerous pleas of `I'm sorry,' `I can't breathe,' `Help,' `Dad,' all to no avail.

``Screams, loud screams, didn't help,'' Rackauckas said. ``Kelly Thomas not responding when the blows to his face occurred -- no help -- (nor) a growing pool of blood as Kelly Thomas became unresponsive.''

Ultimately, Thomas died because of the force of the officers on his chest, which made it impossible to breathe, Rackauckas said. He lost consciousness, slipped into a coma and died when he was taken off life-support five days later.

Rackauckas said he made the decision to charge Ramos with murder after he scrutinized evidence gathered by his investigators, who interviewed 151 witnesses, gathered medical records and autopsy results and police reports submitted by the six officers at the scene. He also analyzed the 30-minute video from the bus depot and cell phone videos taken by two witnesses.

Ramos' attorney, John D. Barnett, said his client "is not guilty of murder, manslaughter or any other crime'' and was only trying to "de- escalate'' the situation when he allegedly shook his fists at Thomas.

The FBI has opened a parallel investigation into whether the officers violated Thomas' civil rights and Fullerton City Council members have hired an independent investigator to do an internal review of the arrest.

—Paul Anderson, City News Service