Nelson asks Feds to probe transient’s death

Ron Thomas hangs posters around the Fullerton Transportation Center asking for information and video of a police altercation the family believes lead to the death of his son, Kelly Thomas.
Supervisor Shawn Nelson's letter.
Shawn Nelson, Supervisor of the 4th District.
Shawn Nelson, Supervisor 4th District, speaks during the Board of Supervisors meeting at the Hall of Administration in Santa Ana.
Cathy Thomas, left, Kelly Thomas's mother, is comforted by family and friends during a recent vigil for her son in Fullerton.
Witness Bunny Dew shares shaky cell phone footage of the immediate aftermath of Kelly Thomas' altercation with Fullerton police officers at the Fullerton Transportation Center bus depot. In the video you can hear her shouting, "Oh, my god. He looks dead."
Ron Thomas, Kelly Thomas' father, fights back tears as he reviews cell phone video footage of the immediate aftermath of his son's altercation with Fullerton police officers shot by witness Bunny Dew, left.
Tina Kinser, Kelly Thomas' sister, fights to maintain her composure as she recounts witness accounts of a police incident she believes lead to Kelly's death.
The Thomas family is hanging these posters around the Fullerton Transportation Center to, hopefully, elicit information and video of a police incident they believe lead to the death of Kelly Thomas.
Ron Thomas hangs posters around the Fullerton Transportation Center seeking information and video of a police incident they believe lead to the death of his son, Kelly Thomas.
Ron Thomas hangs posters around the Fullerton Transportation Center asking for information and video of a police incident they believe lead to the death of his son, Kelly Thomas.
Phil Borwning and his daughter, Sarah, 5, visit the roadside memorial for Kelly Thomas in Fullerton Tuesday. The Brownings are friends of the Thomas family and wanted to offer emotional support.
Ron and Cathy Thomas speak with reporters about the death of their son Wednesday at the Fullerton Transportation Center.
Family and friends of Kelly Thomas comfort each other during a recent gathering at the scene of an altercation with Fullerton police officers that eventually lead to his death.
Cathy Thomas shares pictures of her son, Kelly Thomas, a homeless man who family says suffered from schizophrenia. He died at UCI Medical Center several days after an altercation with police.
Cathy Thomas shares pictures of her son, Kelly Thomas. The top photo features a teenage Kelly Thomas, left, with brother Kevin and sister Tina.
Cathy Thomas, left, and Tina Kinser, mother and sister of Kelly Thomas, look at photographs during a recent vigil at the site where he scuffled with Fullerton police. On July 10, Thomas died at UCI Medical Center in Orange. His family believes the death is a direct result of excessive police force during the arrest.
Ron Thomas, Kelly Thomas's father, and sister, Tina Kinser, fight to maintain their composure as they recount witness accounts of fight with police they believe lead to Kelly's death.
Cathy Thomas, right, Kelly Thomas's mother, is comforted by family and friends during a vigil for her son held recently in Fullerton.
Tina Kinser, Kelly Thomas' sister, right, shares a hug with long-time firend Michele Cochran. Cochran says that Thomas would often stop by her family's home for blankets, canned food and emotional comfort. She says he didn't want to put anybody out and wouldn't accept a place to stay, but appreciated the occasional comforts of friendship.
The Thomas family is placing these posters around the Fullerton Transportation Center to, hopefully, elicit information about a police altercation they believe lead to the death of Kelly Thomas.
Cathy Thomas fights back tears as her husband, Ron, recounts eye witness accounts of the night their son found himself in an altercation with Fullerton police officers.
Ron Thomas says he believes his son's death could have been avoided if Fullerton officers were better versed in how to deal with the mentally challenged.

July 29, 2011 at 6:29 a.m.

FULLERTON – An Orange County supervisor 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 Shawn 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.”

Officers confronted Thomas, 37, a transient known to frequent downtown Fullerton, 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. They described Thomas, who had schizophrenia, as a “free spirit” who was homeless by choice.

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.

Contact the writer: 714-796-7939 or semery@ocregister.com