Prosecuting Cops Right Call in Thomas Death

Protecting people from those who would harm them or their freedom is government's basic responsibility. In protecting people from the government itself, authorities face their most difficult challenge.

Orange County, Calif., District Attorney Tony Rackauckas is to be commended for deciding this week to charge two Fullerton police officers in the July 5 death of a schizophrenic homeless man. The nighttime incident occurred at a Fullerton bus depot when Kelly Thomas, 37, was first threatened with beating and then mercilessly pummeled until he lay unconscious in a pool of his blood, according to authorities. He died five days later.

Wednesday, the district attorney detailed a vicious beat-down — not what the public should expect from its police. The cause of death was asphyxia from Thomas' chest being compressed by officers. Also listed were cranial-facial injuries, brain injuries, rib fractures, extensive bruising and abrasions. One officer is accused of using an electronic stun gun to repeatedly beat Thomas in the face after shocking him with the device four times.

Police operate within a compact of trust. When police violate that trust, everyone has reason to doubt whether the cop at their door or who pulls over their car is there to help — or to harm them.

In a free society, such fear is unacceptable.

The job of police, already estranged from citizens by the nature of their day-to-day experiences, becomes even more difficult when those they serve fear them. When those they serve are afraid of their protectors, there is no safe harbor. It is little consolation that, as Rackauckas said, when police exceeded lawful authority, Thomas had a right to flee, "a right to self-defense."

When cops go bad, authorities must deliver swift, appropriate justice to preserve the compact of trust. Rackauckas seems to be moving in that direction. Courts will decide guilt or innocence, but only because Rackauckas showed the integrity, and dare we say, the courage, to file criminal charges against what appear to be rogue cops.

There is some public perception that authorities are hesitant to vigorously pursue criminal convictions of police; the cases are often difficult to prove and juries hard to convince. This case may be the first-ever murder prosecution of an Orange County law enforcement officer.

A trial can demonstrate that those wearing badges are not above the law. Although Rackauckas said he found no evidence of criminal culpability by four other officers at the scene, he allowed for the remote possibility additional charges could be filed if new evidence is revealed. We hope no officers are deterred from testifying out of fear of self-incrimination. A public perception that police band together at the expense of justice also can harm that fragile compact of trust.

REPRINTED FROM THE ORANGE COUNTY REGISTER

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