.

Acquitted Cop in Kelly Thomas Case Wants Police Job Back

Former Cpl. Jay Cicinelli wants his job back with the Fullerton Police Department in light of his acquittal.

Former Cpl. Jay Cicinelli in his mug shot when arrested for involuntary manslaughter and use of excessive force in the death of Kelly Thomas. Cicinelli was acquiited of all charges.
Former Cpl. Jay Cicinelli in his mug shot when arrested for involuntary manslaughter and use of excessive force in the death of Kelly Thomas. Cicinelli was acquiited of all charges.

By City News Service

The former Fullerton corporal acquitted in the in-custody death of transient Kelly Thomas is seeking to get his job back, now that the criminal charges are behind him, one of his attorneys said Tuesday.

Meanwhile, Thomas' father held a news conference in Los Angeles with his attorney to announce deposition notices were issued Tuesday to the officers named in the civil suit he filed against the city on the one-year anniversary of the July 5, 2011, confrontation at the city bus depot that led to his 37-year-old son's death five days later.

Former Cpl. Jay Cicinelli's attempt to win his job back was put on hold during the trial, which ended Monday with him being cleared of involuntary manslaughter and use of excessive force. He can now begin the process of regaining the post he lost in July 2012 through an administrative hearing, said his attorney Zachery Lopes.

The hearing, which can be public if Cicinelli wishes, would lead to a recommendation to city officials, Lopes said. If city officials refuse to take Cicinelli back onto the force, the ex-corporal can seek a "writ of mandate" in Orange County Superior Court, Lopes said.

If a Superior Court judge rules against Cicinelli, then he could try to appeal to higher courts, but that is rare and difficult to do, Lopes said.

It was not known if former Office Manuel Ramos, who was acquitted of second-degree murder and involuntary manslaughter charges in Thomas' death, would try to get his post back.

Former Officer Joe Wolfe, who was indicted on charges of involuntary manslaughter and excessive force and also lost his job in July 2012, is likely to have the criminal matter dismissed, Orange County District Attorney Tony Rackauckas said after Monday's verdicts.

Thomas' father and Mardirossian hope federal authorities bring a federal civil rights action against the officers.

"I think it's very important that the federal government step in," Ron Thomas told reporters at a news conference at his attorney's office. "That's what we really want as a family."

On Monday evening, the FBI released a statement noting that it opened an investigation in 2011 "to determine if Mr. Thomas' civil rights were violated during the altercation with Fullerton police officers. With the conclusion of the state court trial, investigators will examine the evidence and testimony to determine if further investigation is warranted at the federal level."

Mardirossian said he believes Ron Thomas' lawsuit will fare better than the criminal case because there's a lower standard of proof. The plaintiffs have to prove criminal negligence by a preponderance of the evidence, instead of the criminal court's standard of reasonable doubt.

"It'll be a different judge, different standard of proof and different protections not afforded to civil defendants as in a criminal (proceeding)," Mardirossian said.

Cicinelli and Ramos could refuse to testify and invoke their Fifth Amendment rights in a criminal trial, Mardirossian said. But they will be compelled to testify in the civil proceeding, he said.

"Right now these cops were made to look like they were heroes and they vilified Kelly and humanized the cops," Mardirossian said. "It won't be that easy the next time around because they can't avoid taking the stand in the civil case. They're going to have to get in front of a jury and explain why they did what they did."

One piece of evidence that is more likely to get before a jury in the civil suit is the reason why Ramos, Cicinelli and Wolfe are no longer on Fullerton's payroll, Mardirossian said.

In the criminal trial, Cpl. Stephen Rubio, who was Cicinelli's training officer, and Sgt. Kevin Craig, who was the supervising officer on the scene of the struggle with Thomas, testified the two officers did not violate policy. That prompted, Rackauckas to file a motion rarely used by prosecutors seeking information on administrative actions taken against the officers by their employers.

Orange County Superior Court Judge William Froeberg would not let prosecutors tell jurors why Ramos and Cicinelli were no longer working for Fullerton, but he did admonish jurors to not consider Rubio's and Craig's comments regarding policy.

Another issue that would likely come into play in the civil trial that was not contested much in the criminal case is Kelly Thomas' mental health.

His parents maintain their son was diagnosed as a schizophrenic, but defense attorneys said there was no evidence of that. Mardirossian said he can prove it with "volumes" of evidence.

"Doctor after doctor, psychiatrists, psychologists, caseworkers -- they all said he had classic symptoms of schizophrenia," Mardirossian said, adding the first diagnosis came in 1995 after Thomas was arrested for attacking his grandfather with a fireplace poker.

"He was a mentally ill man who had a couple of unusual incidents, but 99 percent of the time he was very polite and stayed out of people's way," Mardirossian said.

Michael Racette January 15, 2014 at 01:05 AM
He wants his job back???? After this terrorist murders someone, causing the chief of police and a bunch of city council to step down, he wants his job back???? This is the kind of guy that needs to be put on some sort of I dunno sex offender registry for murderers list, not let loose on the streets with an I'm above the law attitude and a gun. This could not end well....
Ian Battles January 15, 2014 at 05:21 PM
Way to ensure nobody ever calls the cops for help in Fullerton...
Libi Uremovic January 15, 2014 at 08:03 PM
pretty amazing that beating a human to death didn't seem to effect him at all..... i suggest that he go to the 12 members of the jury that found him not guilty and ask them for a job....
Libi Uremovic January 15, 2014 at 08:10 PM
'...the reason why Ramos, Cicinelli and Wolfe are no longer on Fullerton's payroll, ...' they're not on the payroll because they're mentally ill and dangerous - and a person has to be mentally ill and dangerous to beat another human to death.... if it's acceptable for cops to beat to death the mentally ill then it's acceptable for everyone to beat the mentally ill to death..... most cops are mentally ill to a certain degree, so it should be legal and acceptable to beat any cop to death based on the fact that they're probably mentally ill and dangerous.... how's does beating people to death based on mental illness and degree of danger sound to the cops now....???
Brandy Mills January 16, 2014 at 05:37 PM
On the transcripted video around 25 minutes, I believe, Officer Rios says "He [Kelly Thomas] hasn't been known to be violent, did he get violent?" Please sign the petition to reject reinstating Cicinelli. https://www.change.org/petitions/fullerton-city-council-fullerton-ca-reject-request-to-reinstate-off-jay-cicinelli
Pat Enery January 20, 2014 at 09:47 AM
All police should undergo mandatory psychological evaluations when some dies by their hand. The loss of life affects most normal people profoundly. Since the police are much more exposed to this, it stands to reason that it can & does affect some in a negative way. Desensitized to killing & brutality. Some can handle it, some can't. They're trying to weed out lawful gun owners based on mental health issues. Why not the same for cops?
Pat Enery January 20, 2014 at 09:49 AM
For my first comment, the first sentence should read someone. Thanks!

Boards

More »
Got a question? Something on your mind? Talk to your community, directly.
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors.What's on your mind?What's on your mind?Make an announcement, speak your mind, or sell somethingPost something