Two fired Fullerton police officers involved in the 2011 beating death of Kelly Thomas have dropped their legal fight to win back their jobs.
Jay Cicinelli and Joseph Wolfe separately handed-in court papers recently terminating their cases in appellate court against the Fullerton Police Department.
The death of 37-year-old Thomas in July 2011 triggered national concern over the treatment by police of the homeless and mentally ill. Thomas was beaten with batons, fists and the backside of a Taser gun by Cicinelli, Wolfe and another fired officer, Manuel Ramos. Thomas was questioned for jiggling car doors in a Fullerton parking lot.
“I am pleased that this ugly chapter in our history is finally behind the city and our residents,” Mayor Bruce Whitaker said. “The beating death of Kelly Thomas was tragic on its own, with lasting and continued damage, but the costly and lengthy process to uphold the city’s termination of the involved officers took almost 9 years to resolve.”
Wolfe’s attorney did not return a request for comment. Cicinelli, who represented himself, was not accepting phone calls.
The beating was captured on video, seen on newscasts from living rooms to courtrooms, with speakers blaring out Thomas’ screams for help, from his father and from God.
Wolfe and Cicinelli were two of the officers who said they were attempting to subdue an uncooperative Thomas. Both officers alleged they were denied due legal process when the city fired them. Both Wolfe and Cicinelli went through administrative review, as allowed under California law, which resulted in two rulings. One confirmed Wolfe’s firing, the other recommended Cicinelli remain employed. He was nevertheless terminated.
The ex-officers, including Ramos, also faced state criminal charges in 2013-14, with then District Attorney Tony Rackauckas handling the prosecution himself. But a jury found Cicinelli and Ramos not guilty. Rackauckas dropped the case against Wolfe. A separate federal investigation ended without charges.
Thomas’ father, Ron, sued the city in 2015 and later accepted a $4.9 million settlement. Kelly Thomas’ mother, Cathy, had already settled for $1 million.
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