Nelson Asks Feds to Probe Thomas Death

The Orange County supervisor for the Fourth District that represents Fullerton has asked the Department of Justice to investigate the death of a homeless man who died after a fight with Fullerton police.

In a letter sent to the Department of Justice's civil-rights division Thursday, Orange County Supervisor and former Fullerton City Council member Nelson made a "formal request to commence an investigation of the facts and circumstances surrounding the death of Kelly Thomas at the hands of the Fullerton Police Department."

Ironically, one of Shawn Nelson's biggest supporters and endorsers while he was running for Fullerton City Council was the Fullerton Police Department and Groups supporting the FPD.

FPD Officers confronted Thomas, 37, while investigating reports of a man burglarizing cars in the parking lot adjacent to a bus depot on July 5.

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, while two officers suffered moderate injuries.

Thomas' family has accused officers of using excessive force during what they described as a "brutal beating." Witnesses claimed Thomas was shot with a Taser and struck with a flashlight.

Thomas was taken off life support several days after the incident. 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.

Family members have since held several vigils and demonstrations in Fullerton, asking for information about the incident.

Nelson, who represents the supervisorial district that includes Fullerton, says officials told him that the FBI has begun an investigation into Thomas' death and indicated that the Department of Justice's civil-rights division may launch its own inquiry.

The reported 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. Graphic photos of Thomas' injuries taken by family members and first posted online at the Friends for Fullerton's future blog have increased public pressure.

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

Nelson said he turned to the Department of Justice as a "neutral referee" to carry out an investigation.

"I feel horrible for a lot of people here," Nelson said. "The citizens of Fullerton deserve answers. The family of Kelly Thomas deserves answers."

Fullerton Police Sgt. Andrew Goodrich noted that the investigation into Thomas' death has been turned over to the Orange County District Attorney's Office.

"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 said he informed District Attorney Tony Rackauckas about the federal investigation and was told that DA investigators would continue with their inquiry.

By Sean Emery
Emery is a writer for the OC Register