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Kelly Thomas case: 3rd Fullerton officer charged

The real question is will they be convicted in court? Sadly juries frequently let corrupt cops go.

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Kelly Thomas case: 3rd Fullerton officer charged

By LARRY WELBORN, VIK JOLLY and LOU PONSI / THE ORANGE COUNTY REGISTER

SANTA ANA – Ex-Fullerton policeman Joe Wolfe, the first officer to land a blow on mentally ill transient Kelly Thomas during the July 2011 melee that led to his death, has been indicted by the Orange County grand jury.

Wolfe was accused in the indictment with one felony count of involuntary manslaughter and one count of the use of excessive force, the Orange County District Attorney's Office said Thursday.

The panel heard testimony from 10 witnesses and examined 113 exhibits of evidence over three days beginning Sept. 19, before returning an indictment Monday for the officer's role in the July 5, 2011 incident at the Fullerton Transportation Center that was captured on surveillance video, the office said.

If convicted, he faces a maximum sentence of four years in state prison.

Wolfe surrendered on $25,000 bail, the D.A.'s office said in a news release. He is scheduled for a pretrial hearing Nov. 2 before Superior Court Judge William Froeberg.

The video shows Wolfe swinging his baton at the back of Thomas' leg, igniting an encounter that was ultimately joined in by six on-duty policemen.

He joins two other ex-Fullerton police officers as defendants in the death of Thomas, a schizophrenic transient who was well-known in the downtown Fullerton area.

Ex-officer Manuel Ramos was charged directly by the Orange County District Attorney's Office last September with second-degree murder and involuntary manslaughter, becoming the first Orange County lawman to be accused of murder in an incident that occurred while in uniform and on-duty.

Ex-Cpl Jay Cicinelli was charged by the DA's Office at the same time with involuntary manslaughter and assault under color of authority. Both Roman and Cicinelli are out on bail pending a Nov. 30 hearing on a defense motion to dismiss charges.

Since then, the D.A.'s Office said it has actively continued its "investigation and legal review and decided to seek an indictment against Wolfe following extensive legal and factual analysis and development of evidence."

When Orange County District Attorney Tony Rackauckas announced the filing of charges last September against Ramos and Cicinelli, he also said there was insufficient evidence – at the time – to also file charges against Wolfe.

Instead, prosecutors in his office presented evidence – including the surveillance video - to the grand jury this month, which issued the indictment.

Thomas died July 10, 2011, when his life support was turned off five days after the violent confrontation with the six Fullerton officers at the Fullerton Transportation Center when he was beaten and choked.

Ramos and his partner Wolfe suspected Thomas of trying to open doors of parked cars when they approached him as he stood shirtless near a bus bench, according to the surveillance videotape of the encounter that is the focal point of the criminal case.

The video shows Ramos, 39, questioning Thomas for about 15 minutes before things escalated into violence. Thomas, who because of his mental illness had been living on the streets for years, was evasive and profane during the questioning, according to the video.

Wolfe delivered the first blow as the interrogation became heated when he struck the back of Thomas leg with his baton in an apparent take down maneuver, according to the videotape. Ramos then joined the fray and the two officers grappled with Thomas before four other officers – including Cicinelli -- arrived at the scene and piled on, according to the video.

Fullerton Cpl Jay Cicinelli, 42, one of the four responding officers, is seen on the videotape using a Taser to jolt Thomas, and then smashing the device into the struggling man's face.

When filing charges against Ramos and Cicinelli last September, Rackauckas said Wolfe stood several feet away and was searching Thomas' backpack while Ramos' was threatening Thomas.

Ramos triggered the fatal beating, Rackauckas said, when he snapped on a pair of latex gloves and taunted Thomas, "Now see my fists? They are getting ready to f--- you up." Moments later, the fight was on.

But Rackauckas added in September 2011 that he believed the evidence did not show Wolfe was aware of the threat delivered by Ramos.

"Due to the lack of evidence to show knowing participation in an unlawful act, no charges can be filed against Officer Wolfe at this time," Rackauckas said.

Dozens of supporters of Kelly Thomas, however, kept pressure on prosecutors to file charges against Wolfe, often showing up in court and at city council meetings with signs demanding that Wolfe be charged.

"I hope the D.A.'s Office would not succumb to external pressure and continue to review the case in an objective way," Podberesky said earlier this month.

In November, Superior Court Judge William Froeberg is scheduled to hear arguments on a defense motion to dismiss charges against Ramos and Cicinelli.

"I believe that we have solid grounds to have the case dismissed," said defense attorney John Barnett, who is representing Ramos.

Barnett has argued that Thomas was belligerent, profane and combative and provoked the escalation of tension by refusing to identify himself. And he contends in his dismissal motion that Thomas could "have avoided a physical altercation" by complying with Ramos' lawful commands.

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