AppId is over the quota
Two Los Angeles-area police officers will face trial over the beating death of a schizophrenic homeless man that was caught on video last July.
The Orange County Register reports that it is the first time an Orange County police officer has been tried for murder from actions on duty.
A judge ordered that Fullerton Officer Manuel Anthony Ramos, 38, be tried for second-degree murder and involuntary manslaughter, and that Cpl. Jay Patrick Cicinelli, 40, face trial on charges of involuntary manslaughter and excessive force for the death of 37-year-old Kelly Thomas.
BLOG: 2 Calif. cops charged with killing homeless man
During a court hearing today, District Attorney Tony Rackauckas said the officers had abused their "awesome powers" when they and four other officers wrestled Thomas to the ground and beat him unconscious with fists and a Taser, and shocked him several times.
He argued that Ramos, a 10-year veteran, instigated the July 5 attack on Thomas, who was sitting at the local bus depot. He said Ramos put on rubber gloves, then confronted Thomas, saying, "You see these fists? ... They are getting ready to f--- you up."
Many spectators in the courtroom gasped and groaned when the surveillance video was played, and some walked out, the Los Angeles Times says.
Thomas can be heard screaming, "Dad, they are killing me," and repeatedly shouting, "I'm sorry. I'm sorry."
Here's what defense attorneys John Burnett and Michael Schwartz said:
"Officer Ramos is not looking for a fight," Barnett argued. "He is not looking to beat somebody. ... He is just looking to get some information and be on his way."
Barnett contended that what is perceived to be a threat by Ramos to Thomas – "See these fists? They are getting ready to f--- you up" – was followed by the statement "If you don't do what we tell you."
"It was a conditional threat," Barnett said. "All Kelly Thomas would have had to do was simply comply. ... Officer Ramos had every right to issue that threat."
"He was trying to resolve this before trying to take him into custody, but Kelly Thomas would have no part of it," Barnett said.
Cicinelli, who was the third officer to arrive at the scene, rushed to the aid of two other officers who were struggling on the ground with Thomas, argued his defense attorney Michael Schwartz.
"The only information he (had was) that he was responding to (a) call involving a combative suspect," Schwartz said. Cicinelli, he said, joined the struggle to help his fellow officers and used appropriate force.
Schwartz also played segments of the video which he says show another officer delivering punches to Thomas' face and upper torso.
The video, according to Schwartz, appears to show Cicinelli pulling his Taser away from the reach of Thomas, who was trying to wrestle the weapon from his hand, Schwartz said, and Cicinelli was trained as a police officer to never give up his weapon.
Hospital records showed that Thomas suffered brain injuries, a shattered nose, a smashed cheekbone, broken ribs and severe internal bleeding. The coroner said he died of brain death, acute bronchial pneumonia and blunt force facial trauma.
