Kelly Thomas did not die of asphyxiation, expert witness testifies

An expert witness called by defense lawyers for two former Fullerton police officers accused of beating a mentally ill homeless man to death testified Monday that the familiar figure in the college town did not die of asphyxiation as the prosecution claims.

Dr. Gary Vilke, a professor of clinical emergency medicine at UC San Diego, challenged the Orange County coroner’s determination that Kelly Thomas died of brain damage from lack of oxygen caused by chest compression and injuries to the face.

Two former officers, Manuel Ramos and Jay Cicinelli, are accused of beating Thomas so severely that he was comatose by the time he was rushed to the hospital, dying five days later. Ramos is charged with second-degree murder and involuntary manslaughter, Cicinelli with involuntary manslaughter and excessive force.

When asked by Orange County Dist. Atty. Tony Rackauckas what caused Thomas to flatline in the back of the ambulance, Vilke said he didn’t know.

“I know he was breathing when the officers got off him because he was still talking,” Vilke said. “As far as the cause of death, it’s not asphyxiation.”

Fullerton Police Sgt. Kevin Craig also took the stand Monday. He said he arrived on the scene as Thomas was struggling with four police officers and after they had made a third call for backup.

When he arrived, Craig said he saw Thomas on the ground and Cicinelli strike him twice on the head with his Taser.

During the testimony, defense attorney Michael Schwartz, who is representing Cicinelli, played parts of a surveillance video that captured Thomas’ clash with police.

Even though Thomas could be heard saying he couldn’t breath and was apologizing to officers, Craig said he was not concerned for Thomas’ health and did not believe the officers should’ve gotten off him because he continued to fight them.

“He’s still able to talk, still fighting,” Craig said.

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