FPD Involved In Beating Death Taken Off Street

The FBI will investigate the death of Kelly Thomas fatally injured during a fight with Fullerton police, authorities confirmed Friday, as the police chief temporarily took the officers involved in the confrontation off street duty.

A day after Orange County Supervisor Shawn Nelson sent a letter to the Department of Justice's civil-rights division requesting a federal inquiry into the "facts and circumstances surrounding the death of Kelly Thomas at the hands of the Fullerton Police Department," FBI officials confirmed that they have opened an investigation.

Thomas, 37, died several days after a confrontation with six police officers.

One of the officers is now on administrative leave. While the five other officers have since returned to active duty, Fullerton police Chief Michael Sellers on Friday evening temporarily reassigned them away from front-line patrol duties.

"In other words, they are not working the streets," Fullerton police Sgt. Andrew Goodrich said. "The chief said that for the sake of public trust and confidence, and in the best interest of the investigation, he made these reassignments."

Officers confronted Thomas on July 5 while investigating reports of a man burglarizing cars near a bus depot. Police say Thomas became violent as two officers tried to search him, kicking off a fight in which six officers were needed to subdue him. Thomas suffered severe head and neck injuries.

Thomas was taken off life support several days after his confrontation with police. An autopsy was inconclusive, with Orange County Coroner's Office officials saying they need to carry out further tests to determine the cause of Thomas' death.

Police initially said two officers had broken bones after the fight. The officers were later diagnosed with soft-tissue damage after they were re-examined, Goodrich said.

Thomas' family members accuse officers of using excessive force during what they described as a "brutal beating." Ron Thomas, Kelly Thomas' father, has said police beat his son to death and has circulated a picture of his son's bruised and bloody face.

The graphic photo, as well as the online posting of a cell-phone video that appears to show the fight, has brought widespread attention to the incident.

In the video, the sound of a Taser can be heard, along with Kelly Thomas screaming and then yelling, "Dad! ... Dad! ... Dad!"

Witnesses can also be heard on the video saying, 'Oh, my God," "They're freaking ruthless" and "What is that ... five cops and one guy."

The Orange County District Attorney's Office is looking into what happened that night. Fullerton police are conducting an internal investigation, and Goodrich said two cell-phone videos are "in the hands of the D.A."

"We believe there should be a transparent, neutral-party investigation, and that is being conducted right now," Goodrich said. "We realize the images are troubling. But you have to have a thorough and complete investigation that looks at the facts as facts. We have to separate the emotions that everybody has."

Nelson, who represents the district that includes Fullerton, says he turned to the Department of Justice as a "neutral referee" to carry out an investigation.

"Rumors aren't answers, and there is a danger in too much speculation," Nelson said. "But it is sometimes all too convenient for government to stand by this 'We have to wait for the investigation' bit. I've got people in Fullerton who are scared now, and the silence sometimes is what is causing fear."

The federal inquiry comes days after Fullerton Councilman Bruce Whitaker urged city officials to release any evidence, including video, of the fight between Thomas and police.

The District Attorney's Office will not publicly release video of the fight, said Susan Schroeder, the DA's chief of staff.

"We want to make sure that witnesses are testifying to what they actually witnessed, not what they saw in the media," Schroeder said.

District Attorney Tony Rackauckas has "made it clear that this case is important and a priority," with dozens of investigators involved in the inquiry, Schroeder said. District Attorney's Office investigators have interviewed about 80 witnesses so far, Schroeder said, and expect to talk to more than 100 people before the investigation concludes.

"Anybody who has any sort of compassion would understand why the father is upset, the family is upset and the public upset," Schroeder said. "But it is important we do a thorough job of investigating this case, because we want to make sure the truth comes out."

The federal investigation will run parallel to the other investigations but will remain independent, FBI spokeswoman Laura Eimiller said.

Family members described Thomas, who suffered from schizophrenia, as a good-natured "free spirit" who was homeless by choice.

Thomas had more than two dozen run-ins with the law dating back to the 1990s, mostly petty misdemeanors or infractions, court records show. He pleaded guilty in 1995 to assault with a deadly weapon, the only felony on his record.

Emotions continued to run high Friday, with Ron Thomas accusing Fullerton police of releasing a misleading booking photo of a man he claims is not his son as part of what he described as a "smear campaign."

Police denied the charge, contending that the photo was a booking photo of Thomas taken when he was arrested on suspicion of trespassing in late 2009, and kept in a file with his fingerprints. They responded late Friday by releasing a second booking photo taken with a different camera and at a different angle while they say he was being booked into Orange County Jail.

A public protest is expected to take place from 9 a.m. to 1 p.m. Saturday in front of the Fullerton Police Station, 237 W. Commonwealth Ave., followed by a vigil from 8 to 10 p.m. Saturday in front of Fullerton City Hall, 303 W. Commonwealth Ave.

By Sean Emery, Lou Ponsi, and Doug Irving
Emery, Ponsi and Irving write for the Orange County Register