Thursday, October 6, 2011

Fullerton Cops on Paid Leave

Nothing says "punishment" like being rewarded with paid leave after beating a man to his death.

According to the Orange County Register, "two Fullerton police officers facing criminal charges for the beating death of a mentally ill homeless man will continue to collect their full paychecks while the city does its own internal investigation." 

Despite favoring the way Orange County district attorney Tony Rackauckas has handled the majority of this case, I believe these officers should not be receiving full pay and benefits throughout this investigation process.  I believe some sort of deduction or complete hold on their salaries should be in order, especially for the two most-involved officers, Manuel Ramos and Cpl. Jay Cicinelli.

The Los Angeles Times reports that, "Ramos, charged with second-degree murder and involuntary manslaughter, pleaded not guilty Monday (Sept. 26). He remains jailed and the judge declined to lower his $1-million bail. Cicinelli pleaded not guilty last week to charges of involuntary manslaughter and excessive use of force and was released on $25,000 bail."

While the case carries on, these men, along with four other officers on administrative leave are cashing in.  I just don't understand how these men, particularly the two charged officers, can continue to be paid when, "officer Manuel Ramos is charged with second-degree murder and involuntary manslaughter and if convicted, faces up to 15 years to life in prison.  Cicinelli is charged with involuntary manslaughter and use of excessive force. Those charges carry a maximum sentence of four years in prison,"  this according to Lisa Wilson, an Orange County lawyer.

According to the Los Angeles Times, "defense attorneys for the two Fullerton police officers charged in the death of Kelly Thomas on Monday, Sept. 26 described the homeless man as a violent and dangerous criminal who was combative with officers and provoked them to use force."

Well, I was not actually there, so I will never know every little detail.  That said, what I do know is that Kelly Thomas was 135-pounds, homeless by choice, mentally ill, and approached on suspicion of auto burglary.  And in my opinion, he was bullied, battered, and bruised when other measures - safer and more civilized measures - could have, and should have, been taken.

In regards to Thomas being 135-pounds; why does it take six police officers to subdue him?  Why, instead of handcuffing him and putting him a patrol car, was he tasered and beaten multiple times, eventually to his death five days later in the hospital?

In regards to Thomas being homeless; according to his father, Kelly was homeless by choice.  This may be a stretch, but leads me to believe that any business he had looking through car windows is harmless.

In regards to Thomas being mentally ill; even if he wasn't complying, why does it suddenly become a pride of lions preying on a lowly deer?  According to the Huffington Post, "Officer Manuel Ramos donned the gloves and made two fists in front of him (Thomas). Prosecutors say Ramos then said: 'Now see my fists? They are getting ready to F you up.'"

According to Ramos' lawyer, "it was an attempt by the officer to use words not force to get the suspect to do what he's supposed to do.  He sought to avoid physical confrontation with word and there was no compliance by Mr. Thomas."
Unfortunately for Ramos, Rackauckas didn't buy it. "This declaration was a turning point - a defining moment. We simply cannot accept that in our community it is within a police officer's right to place gloves on his hands, show his fists to a detainee and threaten that he will `eff' him up - that is not protecting and serving."
I could not agree more with Rackauckas.  However, I am still puzzled, and quite frankly irritated as to why these men have been getting paid throughout these investigations. Their duty as a police officer is on hold, why isn't their salary?

Fullerton police Sgt. Andrew Goodrich stated, "I realize that, to the public, that appears wrong, but we have to make sure that we are making lawful decisions when it comes to employment status."
According to the same article in the Orange County Register, "legal experts who have defended police officers in the past said Fullerton would likely face legal challenges if it fired the officers without doing its own investigation and showing that they were guilty of misconduct."
Unfortunately, perception is sometimes reality, and in this case these officers are being rewarded for their acts of brutal violence.  The last thing the Thomas family or anyone aware of this case wants is for these police officers to be rewarded for their crime, even in the slightest bit.

The only payment these men should be receiving should come from the public's tax dollars that give prisoners three meals a day.

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