Kelly Thomas' Parents File Claim Against Fullerton

Fullerton - The parents of Kelly Thomas, the mentally ill homeless man who died following a struggle with Fullerton police last month, filed a claim today against the city, a precursor to a lawsuit.

Fred and Cathy Thomas filed the claim alleging excessive force in the July 5 arrest of their son at the Fullerton Transportation Center.

The claim alleges their 145-pound son was on a bench at the transportation center when six police officers "used excessive and deadly force" on Thomas "without justification and acting under color of law."

The claim further alleges the officers "in unison severely beat (Thomas) with their fists and with objects and subjected (Thomas) to excessive applications of Taser electricity and to numerous forms of excessive and deadly force under circumstances in which (Thomas) was subdued and restrained and represented no threat of harm to the Fullerton police officers, causing the death (of Thomas)."

The claim does not state a dollar figure, but says it should be "in an amount that would place it within the unlimited jurisdiction of the Superior Court."

The family is being represented by Mardirossian and Associates Inc. of Los Angeles.

The Fullerton City Council is scheduled to meet in a special session Friday morning to discuss hiring consultant Michael Gennaco to conduct an independent review of the Thomas arrest and the police department.

Interim Police Chief Kevin Hamilton, who is serving in place of Police Chief Michael Sellers while he is on a medical leave, said he hopes the council approves hiring Gennaco.

"I'm confident it will be a good thing for the city, the department and the investigation of the Kelly Thomas incident," Hamilton told City News Service.

Gennaco would preside over the internal affairs investigation of the in-custody death of Thomas and review the entire department and offer suggestions on how to improve it, Hamilton said.

Before Gennaco would even get to work or offer any suggestions, Hamilton said he wants his officers to undergo training on how to improve encounters with mentally ill people.

The six officers involved in Thomas' arrest have been placed administrative leave. They were responding to a report of a man trying to break into vehicles at the Metrolink station parking lot, and they struggled with Thomas as they tried to arrest him on suspicion of possessing stolen goods.

Hamilton does not know how long he will hold on to the job. Sellers is on a one-month leave, but it could be extended to a year, Hamilton said.

Councilman Bruce Whitaker said he was told Sellers' doctor put him on medical leave because of high cholesterol levels and stress.

Hamilton said he cannot comment on Sellers' health, but he has talked to him since he went on leave.

"He's doing OK," Hamilton said. "My sense is this is a relatively temporary thing until they can figure out some idea what the chief's status is... My wish for him is that he's OK. He's a good man. I really like the chief."

Whitaker and Councilwoman Sharon Quirk-Silva had called on Sellers to resign before he went on medical leave.