Fullerton Police Chief to fight acquitted cop's bid to get job back

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A supporter falls to the ground crying at a memorial at “Kelly’s Corner” after two former Fullerton police officers were found not guilty of murder in the 2011 death of transient Kelly Thomas in Fullerton. (Wally Skalij / Los Angeles Times)

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Kathy Thomas, mother of Kelly Thomas, receives a hug from a supporter in front of a memorial at “Kelly’s Corner.” (Wally Skalij / Los Angeles Times)

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Protesters march outside the Fullerton police station after two former officers were acquitted in the killing of Kelly Thomas. (Wally Skalij / Los Angeles Times)

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Friends, family and supporters stand at “Kelly’s Corner” on Monday night after two former Fullerton police officers were found not guilty of the murder of Kelly Thomas. (Wally Skalij / Los Angeles Times)

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Ron and Kathy Thomas embrace outside the Santa Ana Courthouse Monday after two Fullerton police officers were found not guilty in the murder of their son Kelly. (Wally Skalij / Los Angeles Times)

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As supporters hug, Kathy Thomas sits in a chair outside the Santa Ana Courthouse on Monday after two Fullerton police officers were found not guilty in the murder of her son Kelly. (Wally Skalij / Los Angeles Times)

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Ron Thomas, the father of slain Kelly Thomas, hugs Marlena Carrillo outside the Central Justice Center in Santa Ana after the arraignment hearing. (Gina Ferazzi / Los Angeles Times)

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A supporter of Kelly’s Army pays his respects at the site in Fullerton where Kelly Thomas was involved in an altercation with police that led to his death. (Barbara Davidson / The Los Angeles Times)

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Members of Kelly’s Army chant “two down four to go” outside the Fullerton Police Department after two officers were charged in connection with the death of Kelly Thomas. Thomas, a schizophrenic, homeless man, died five days after an altercation with police. (Barbara Davidson / The Los Angeles Times)

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Charlotte Cianciola of Buena Park gets emotional as the District Attorney announces that criminal charges have been filed against two of the six Fullerton police officers involved in the beating death of Kelly Thomas. (GIna Ferazzi / Los Angeles Times)

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Orange County Dist. Atty. Tony Rackauckas at the news conference in Santa Ana where he announced charges would be brought against two Fullerton police officers in the death of Kelly Thomas. (Irfan Khan / Los Angeles Times)

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Christine Walker, center, of Fullerton, joins a crowd outside the Santa Ana civic center watching a TV broadcast of Orange County Dist. Atty. Tony Rackauckas’ news conference. (GIna Ferazzi / Los Angeles Times)

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Staff members listen as their boss Orange County District Attorney Tony Rackauckas addresses a press conference announcing charges against two Fullerton police officers for the beating death of 37-year-old homeless man Kelly Thomas. (Irfan Khan / Los Angeles Times)

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Larry Dewitt Williams, 56, gathers with other supporters in front of the Orange County district attorney’s office to show support for Kelly Thomas’ family. (Irfan Khan / Los Angeles Times)

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Ron Thomas embraces Susan Wright after she delivered an emotional plea to the Fullerton City Council for better treatment of the mentally ill. Thomas and hundreds of supporters attended the meeting hours after the release of the coroner’s report on the death of his son, Kelly, at the hands of Fullerton police. (Robert Gauthier / Los Angeles Times)

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Fullerton City Council member Sharon Quirk-Silva, left, and Fullerton resident Erin Lewis, right, comfort Cathy Thomas after the council voted to retain an outside investigator to look into the death of Thomas’ son, Kelly, after a confrontation with Fullerton police. (Mark Boster / Los Angeles Times)

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Cathy Thomas visits a memorial for her son Kelly at the Fullerton Transportation Center. She stops there several times a week to water the flowers and talk to people who pass by. (Mark Boster / Los Angeles Times)

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Fullerton Police Captain Kevin Hamilton, above, was named acting chief of police after Chief Michael Sellers went on medical leave in the wake of the death of Kelly Thomas in July. (Mark Boster/ Los Angeles Times)

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People outside the Fullerton police station protest the death of Kelly Thomas. (Francine Orr/Los Angeles Times)

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Gary Tayles, 45, of Los Angeles joins a group outside the Fullerton police station protesting the death of Kelly Thomas. (Francine Orr/Los Angeles Times)

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Cathy Thomas, left, shakes hands with Fullerton police officers who barricaded a street to make room for a demonstration protesting the beating and death of Kelly Thomas. (Alex Gallardo / Associated Press)

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Fullerton Police Chief Michael Sellers talks with the city attorney before a City Council meeting. Many residents have called for him to resign. (Gina Ferazzi/Los Angeles Times)

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An overflow crowd watches a TV monitor outside City Council chambers as the public voices outrage over the death of Kelly Thomas, 37, a schizophrenic homeless man who was killed during an altercation with Fullerton police on July 5. (Gina Ferazzi/Los Angeles Times)

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An impromptu sidewalk memorial has been set up for Kelly Thomas, 37, a homeless schizophrenic man who died five days after a run-in with Fullerton police in early July at a bus depot off South Pomona Avenue. (Gina Ferazzi / Los Angeles Times)

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Passersby stop to read notes left at a memorial for Kelly Thomas. (Gina Ferazzi / Los Angeles Times)

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A woman holds a drawing of a police officer behind bars as Ron Thomas asks the Fullerton City Council for answers about his son Kelly’s death. Residents packed the council chambers and an overflow area for the Aug. 2 meeting. (Gina Ferazzi / Los Angeles Times)

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Fullerton resident Michelle Kearney hugs Ron Thomas, father of Kelly Thomas. Residents packed the City Council chambers and an overflow area to express their outrage over the police beating of Kelly Thomas, who later died. (Gina Ferazzi / Los Angeles Times)

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Cathy Thomas, mother of Kelly Thomas, listens to public comment during the Fullerton City Council meeting. (Gina Ferazzi / Los Angeles Times)

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Residents stand and applaud as Ron Thomas is given more time to speak to the City Council about the police beating and subsequent death of his son, Kelly Thomas, last month. (Gina Ferazzi / Los Angeles Times)

By Adolfo Flores and Abby Sewell

Jan. 16, 2014 5:16 PM PT

Fullerton’s chief of police said he would fight an appeal from one of the officers acquitted in the death of Kelly Thomas to get his job back.

Jay Cicinelli was fired after being charged by Orange County prosecutors with involuntary manslaughter and excessive force in the 2011 death of the mentally ill homeless man.

His co-defendant Manuel Ramos, also a former Fullerton police officer, was charged with second-degree murder and involuntary manslaughter.

On Monday a Santa Ana jury found both of them not guilty of all charges.

Dan Hughes, Fullerton chief of police, said in a statement that his decision to fire Cicinelli is separate and unaffected by the acquittal.

“Former Police Officer Jay Cicinelli has alleged that he was wrongfully terminated and has demanded his job back,” Hughes said. “ I stand behind the employment decisions I have made.”

Michael Schwartz, who was also his attorney in the criminal case, said Cicinelli’s appeal to win back his job is standard, but would not be commenting further because the process is ongoing.

This isn’t the first time Cicinelli has fought to get his old job back.

He sued the Los Angeles Police Department when the department tried to assign him a desk job after he was shot by a suspect in 1996 and lost an eye.

Police officials said his injuries were too severe to let him work patrol. The then-probationary patrol officer took the LAPD to court in an attempt to stay on as a patrol officer.

A subsequent two-year legal battle resulted in him receiving 70% of his salary, or nearly $40,000, in annual disability pension for the rest of his life from the city of Los Angeles. In 1998, he told The Times he would rather have returned to work as a patrol officer.

His pension almost came under review after the Los Angeles board overseeing fire and police pensions saw he was one of six officers involved in the struggle with Thomas. While pensioners are not forbidden to work, officials said the fact that he was working as a patrol officer raised questions about his disability status.

However, the board voted against launching such a review.

Hughes said he would fight Cicinelli’s attempt to work for the Fullerton Police Department through the administrative process.

“Although a terminated employee has the opportunity to appeal his or her termination through an administrative appeal process,” Hughes said, “I intend to vigorously defend my decisions.”

adolfo.flores@latimes.com

abby.sewell@latimes.com

Follow Adolfo Flores on Twitter.

Kelly Thomas case: Chief to fight ex-cop’s effort to win back job

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