Father sues Calif. city over homeless son's death

Ron Thomas, the father of Kelly Thomas, stands at a news conference Thursday July 5, 2012 in Los Angeles. Thomas, the father of a mentally ill homeless man sued the Southern California city of Fullerton on Thursday alleging that a brutal beating by police officers a year ago led to his son Kelly's wrongful death. / AP Photo/Damian Dovarganes

(AP) LOS ANGELES - The father of a mentally ill homeless man sued the Southern California city of Fullerton on Thursday alleging that a brutal beating by police officers a year ago led to his son's wrongful death.

In a civil suit filed in Orange County, Ron Thomas claimed that a violent confrontation with officers who restrained, struck and shocked Kelly Thomas with a Taser killed the 37-year-old man.

Thomas also alleged that the city previously ignored citizens' complaints and failed to discipline officers accused of wrongdoing, creating a "culture of corruption and deliberate indifference."

"There's an atmosphere around Fullerton with the police department that they can get away with anything they want," Thomas told reporters at a press conference in Los Angeles shortly after the suit was filed.

The city's police department declined to comment on the suit, noting officials have not yet had a chance to review it.

The suit was filed on the anniversary of the confrontation between a shirtless, long-haired Thomas and police that was captured on videotape and digital audio recording devices worn by some of the officers — footage that sparked outrage among many residents of the Orange County city.

Officers detained Thomas on July 5, 2011, while investigating a report of car break-ins at a city transit hub, and what started out as a conversation escalated into a physical conflict. Thomas, who suffered from schizophrenia, died five days later.

His death stoked an outcry by residents, the recall of three councilmembers, an FBI investigation and criminal charges against two of the six officers involved.

It also raised concerns among residents about the police department's preparation to interact with the mentally ill.

Garo Mardirossian, Ron Thomas' attorney, said the officers who stopped Kelly Thomas escalated the conflict instead of talking it out in a clear sign they were not properly trained.

"The fact that he was homeless, the fact that he was mentally ill, did not reduce his rights," Mardirossian said. "These police officers owed him an obligation to protect and to serve him, not to beat him to death."

Thomas' mother Cathy previously reached a $1 million settlement with the city and agreed not to pursue any further claims. The deal did not involve her ex-husband, Ron Thomas, whose suit seeks unspecified damages.

[RocioGI]

Mr. Thomas, its a shame to see you running around with lawsuits and to know that your ex wife took money from the tax payers for the death of your son. If you and your ex wife would have been better parents both of you should have taken better care of your son. What would have happened if your son had committed a crime on an innocent person, would you have share the responsibility? You seem to have a lot of free time to run around in news conference and with bloodsucking attorney who are seeking a pay day!!! Are you going to donate the money you make from your book and lawsuit to a charity or are you doing this to benefit your self out of your son death? Next time you look in the mirror you will be seen your son killer!!!!

[knewsteerrrrr]

Where was DAD when this guy needed him most- the day BEFORE he wound up on the street???

[zepoldic]

I am stunned by the lack of understanding and level of misdirected blame by those who have commented. For those of you who are claiming these parents are getting a "windfall" or out for a big reward, let me offer you this proposition: If you have children of your own, why not let someone beat your children to death so that they die 5 days later and in exchange I'll give you $1million dollars? How about $20M? Would you accept? Of course you wouldn't. It's as ridiculous a proposition as it is to claim these parents are out to capitalize on their son's death. This is not a get rich scheme by the parents, this the only reasonable way to get redress for the wrongful acts of the police officers. Until we find a way to bring those who've been wrongfully killed by others back from the dead, this is the best system we have.

[I_am_3rd]

He is not a kid though. He is an adult. This is a terrible precedent that opens up an way for anyone remotely connected to the victim of a crime to extort money from a taxpayer funded entity.

[zepoldic]

I_am_3rd, you too have apparently missed the point of the story. It doesn't matter if he's a child or adult, police shouldn't beat people to death. BTW, it's not a precedent. It's called a wrongful death action. The state of california as well as the other 49 states in the union have similar statutes. Makes no difference whether the decedent was an adult or child. The decedent's estate has the right to pursue the action. Happens in thousands and thousands of states across the country almost every day. Another point you need to be aware of is it's not extortion. It's a means of redress the legislature specifically granted the people of california to be permitted to pursue. Finally, you should know that states and municipalities generally have damage caps that protect the amount of money they're subject to paying under a wrongful death action. In other words, a jury could award this family $50M dollars, but under the statute the award would be reduced to whatever the cap is - I'm assuming damages are capped at $1M. I don't consider parents of a victim to be "remotely connected" to the crime. Do you read what you type before you post it?

[smittyc]

The father should be blaming himself for his sons death and I am sure he is carrying a lot of guilt. His son belonged in an institution not wandering the streets being a pest and causing the police department to be flooded with calls from irate citizens and store owners day after day after day. Pretty obvious, there was bad blood between the police force and this person and am sure they have a lot of footage on the man from many other interviews. Many homeless are quite confrontational to both the street public and store owners and store employees, often begging money, disrupting businesses just by their presence, pilfering items, sleeping in store bathrooms etc. None the less this outcome should not have happened.

[nojoy01]

None the less this outcome should not have happened
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So, Smittyc, I take it that no matter how annoying this homeless person may have been, or what petty crimes he may have committed, or however badly his parents may have mishandled his situation, that you agree the police officers should not have beaten him to death? Or are you offering rationalizations (excuses) for the officers and the environment of fear this police department created in the community?

[636anton33]

You are sooo right smittyc this guy should have been somewhere to have been taken care of and properly medicated. They need to sue the father for neglecting his son. This man is after money that is all money money money..

[AnnieDanny]

This article DEFINITELY does not tell the whole story. It doesn't link to the video of the beating. It doesn't explain that this father was a policeman himself before he retired. It doesn't explain how the father had to campaign to get this incident investigated. It doesn't show the brutal, graphic photos of the young man in the hospital before he died. It doesn't tell how the young man didn't resist or give the cops a hard time, or how he was known as a non-violent type. This article mostly just focuses on the lawsuits and the money -- so people here are upset about that. But there's a ton of information that's been LEFT OUT.

And I live nowhere near CA and I'm not related to this family, it's just that I've read one or two other articles about it and I watched part of the video of the beating, but I couldn't watch the whole thing. One article said the young mad was calling for his daddy to help him, as he was losing consciousness. This audio was also captured on tape. But the article doesn't mention THAT either. That's the part that really is hard to take, that these cops could be so brutal with a guy calling for his daddy.

Very poorly written article, CBS. Try again. Or offer some links.

[nohater]

what about the father and mother? surely they have to shoulder some responsibility for the son being homeless on his own while mentally ill. how could the parents allow their son to be homeless without medical care for his mental illness? if both parents are poor and barely making it then could understand why they didn't care for their son. fullerton should not heap all the blame on police officers as they had on idea what they were dealing with when they confronted the son. the parents should be ashamed of themselves trying to profit on their son's death after having failed him all these years. the city, citizens on a jury panel should award the parents nothing unless they can prove they financially supported the son which obviously they did not. the parents should be jailed and would be if i were king.

[AnnieDanny]

I know parents with THIS kind of son, and I don't blame the parents at all. There's only so much they can do. This guy was an adult. I don't think they failed their son... in fact, the homeless man called out for his father as he was losing consciousness. Have you seen the video? Whatever the homeless man's situation or family relationships, it has nothing to do with how he died - which was brutal, shocking and IMO completely unnecessary. I couldn't see that the guy gave the cops a hard time at all. If I was the parent of this man and I'd seen that video, it would be an excruciatingly painful memory for the rest of my life. I'm not slap-happy about lawsuits, I think there's too much of that - but in this instance I'm glad the parents are making their Point. Because it needs to be made.

[Barbie_Balloonie]

Not that I'm defending law enforcement, but why did you let your son run rapid sick and homeless on the streets anyhow? Usually, cops DON'T know what they're up against. Put yourself in their shoes. You're confronting folks with diseases, metal issues everyday.

Why didn't you keep your son from going homeless if you KNEW he was sick in the first place?

These folks threaten average common folk everyday... Think about it papa bear!

[AnnieDanny]

"Papa Bear" was a policeman too, if I recall correctly. Possibly even with the same police force. Apparently the homeless man was not a violent type, and he didn't give the police a hard time. I think this article is poorly written because I've seen additional details in other articles where it makes more sense. People here are angry about the lawsuits, but the article doesn't fully explain the reason for it. I think there's plenty of very good reason for it. If you've seen the video, you'd understand.

[smittyc]

Homeless people almost never give police a hard time Annie Dannie, they do give the public and the stores a hard time though. They panhandle, sometimes quite agressively, they camp out in store bathrooms frightening customers who go there to use them just by their presence and sometimes by offering unwanted comments or worse. They can be found in backyards of homes at night, causing dogs to bark and frightening the daylights out of people who are afraid of the unknown prowler. These people then call police day after day after day on this same person. The family is most at fault here, the man should have been place in a institution but obviously they didn't want to spend any time or money.

[Rodgeru]

Zepoldic, we have a relative that suffered from schizophrenia at the age of 30nd the extended family provided care in our homes for 45 years until she died of natural causes. She would disappear occasionally, but with the love of family she lived peacefully, not institutionalized. Yes, it was difficult and involved sacrifices, but she was family. On the point of municipal insurance, this is paid for by taxes collected locally, and the rates are determined by payouts in such lawsuits. It's not freebie money. I am not siding with the actions of the police, just questioning the motives of the absentee parents. Aren't they just as guilty?.

[zepoldic]

Just as guilty? You're kidding right? You cannot seriously be contending that the parents are just as guilty as the police officers who beat this man to death. How do you know the parents didn't take an active role in trying to help their son? We are only given a few facts about the man's life by this article and no where in there does it talk about the role of the parents in his life. You are speculating on a number of things about the parents but NOT speculating on facts that you've been given by the story - the man was beaten to death by police officers. You are also assuming this man had the same form and level of schizophrenia that your relative had. You then should know that there are different types of this illness. Read more about this story, other news outlet are reporting that the officers are on trial for killing this man and that it sparked outrage from residents of Fullerton. It's odd that you and so many blame the parents for seeking redress for the victim's estate but are so cautious to lay blame at the feet of the officers or city.

[diamruby]

The father & family are responsible for having a mentally ill child & not locking him up to protect himself & others from his insanity. I am sure his whole life has been paid for by welfare tax dollars & now the family would like more free money. Start being respinsible for the children you produce. If you are such a great, caring, wonderful father,mother or??? why is your child living on the streets???? Lock up the insane homeless, drug users, drunks, etc.,to protect & clean up the streets that they are destroying all areas they exist in with their crimes & filth. These people should not be abused by their families or the law, they should be locked up to protect us all, forever.

[Rodgeru]

I don't know the details of the Thomas family dynamics, but it irritates me that both parents let their mentally challenged son roam the streets of Fullerton as a homeless transient, then see fit to sue the city when he meets his demise. They didn't take responsibility for his care and safety when they had the chance and moral obligation, and now seek financial gain for themselves when he is gone. How much money did the taxpayers spend over the years in police responses, and what dollar figure can you assign to the years of nuisance that residents and visitors to Fullerton endured? Ignoring his situation and letting him live homeless does not indicate concerned parenting to me, and it is pitiful that they seek personal financial windfalls for essentially doing nothing but being outraged. Legal settlements against the city are ultimately paid for by all of us, and the Thomas parents are being rewarded lavishly for their neglectful parenting. Just as they are upset at the actions of the police, many are outraged that they let Kelly be in the position to be harmed to begin with. Seeing people like Kelly on the streets always makes me wonder where the heck the family is, and wonder why the family doesn't step up to help their own brethren. Paying them millions of dollars does not bring Kelly back, nor does it teach them personal responsibility and proper parenting.. I hope they take their entire settlements and donate it to programs for the homeless and mentally ill for the loving memory of Kelly Thomas.

[GollyRojer]

Go back and read the first half of your opening compound sentence.

[zepoldic]

Whew, good thing we have people like you around to teach "proper parenting". You're forgetting the victim was 37 years old and while he was mentally ill, as an adult it doesn't mean the parents can send him to an institution to be helped against his will. You're also missing the bigger picture: his illness or their parenting didn't give the police the right to beat the guy to death. Money will not bring their son back, but it will cause the police department to re-examine their policies and perhaps personnel so that you or your loved one aren't beaten to death by one of their officers in the future. How would you suggest the police right their wrong? BTW, you don't know what you're talking about regarding who pays settlements against municipalities. A lot of cities are insured. You sound like someone who'd blame a woman for being rapped because her skirt was too short. Get educated before you lay into victims.