
Today marks what would have been, what should have been, Zac's 20th birthday.
Every day was like a party, when Zac was there. He knew how to bring the fun.
Happy Birthday, Zac.
Happy Birth Day, Carol.
We love you.
District Attorney Tony Rackauckas announced at a news conference that he's charging Officer Manny Ramos with one felony count of second-degree murder and one felony count of involuntary manslaughter. He faces a maximum of 15 years to life in prison if convicted.
Officer Jay Cicinelli is charged with one felony count of involuntary manslaughter and one felony count of use of excessive force, Rackauckas said. Cicinelli faces a maximum of 4 years in prison if convicted.
Both were set to be arraigned at 2 p.m. Wednesday.
"Police officers have the right to use reasonable force in the performance of lawful duty. But citizens have the right to self defense , even against the police," Rackauckas said while detailing the July 5 incident.
According to Rackauckas, Officer Ramos lifted his fist at Kelly Thomas and told him he was "getting ready to 'f' him up."
Ramos grabbed his baton, causing the 37-year-old Thomas to put his hands up in a defensive manner, and ordered him to the ground.
Officer Ramos swung his baton, chased Thomas and punched him "several times in the left ribs after tackling him to the ground," he said.
Ramos put his hand over Thomas' neck and pinned him to the ground, using his body weight, as other officers responded to the scene, Rackauckas said.
Arriving officer Joe Wolfe responded by using force after receiving a call for help from officer Ramos. There was no evidence to suggest he knew what had transpired prior to the call for help, Rackauckas said.
Officer Cicinelli arrived and kneed Thomas twice in the head and shocked him with a Taser 4 times, he said, adding that the fourth time included deploying taser darts into Thomas. Cicinelli then used the head of the taser to strike Thomas in the face 8 times while he was pinned to the ground by other officers, he added. Thomas, who had screamed out for help, fell silent while being beaten, Rackauckas said.
Despite the official reports, which claimed Champommier drove his car into a sheriff's deputy, causing officers to open fire, Champommier's family says the teen was shot without provocation or justification.
Champommier's mother, Carol, is now suing the DEA, LAPD and LA County Sheriff's Department in federal court for wrongful death.
According to the lawsuit, first reported by Courthouse News Service, Champommier was in his car waiting for a friend when he saw officers detain someone. When Champommier began to drive away toward the parking lot exit, he was fired upon.
Champommier "was unarmed, had not threatened the agents/officers, did not pose a threat of death or serious physical injury," states the lawsuit. The officers "proceeded to use unreasonable, unnecessary and excessive force, firing multiple bullets and killing" Champommier.
As is detailed herein, Defendants.... shot and killed the Decedent without justification, in contravention of proper police procedures, and by use of excessive and unnecessary force. Such conduct violated Decedent's right to be free of violations of his constitutional rights under the law.
[snip]
By the actions and omissions described above....depriving Plaintiff and Decedent of the following clearly established and well-settled constitutional rights protected by Amendments to the US Constitution:
a. the right to be free from unreasonable seizure as secured by the Fourth Amendment
b. the right to be free from excessive and unreasonable force in the course of arrest as secured by the Fourth Amendment;
c. the right to be free from the unreasonable use of deadly force as secured by the Fourth Amendment;
d. the right to be free from deprivation of life without due process of law as secured by the Fourteenth Amendment;
e. the right to equal protection of the law as secured by the Fourteenth Amendment;
f. the right to be free from a police cover-up of the use of excessive police force through the filing of false and misleading incident investigation reports.
The civilian commission that oversees the Los Angeles Police Department has taken the rare step of rejecting a recommendation from the department's chief, ruling that two police officers were wrong when they fatally shot an unarmed autistic man last year.
About midnight on March 20, Officers Allan Corrales and George Diego, who worked in an anti-gang unit, were driving in a marked patrol car along Vermont Avenue in the city's Koreatown neighborhood. Both officers told investigators they heard a loud noise — which one described as a "deep boom" — behind them, according to Beck's report on the incident.
The shooting drew sharp criticism from Washington's family, who said the man was autistic and fearful of strangers. Civil liberties groups questioned the shooting, suggesting that the officers may have overreacted because they had not observed Washington doing anything criminal.
Based on the investigation's findings, (Police Chief Charlie) Beck found Corrales and Diego had violated department policies in how they approached and engaged Washington, but decided it was reasonable for them to believe the man had a gun and intended to shoot them.
In a unanimous decision, however, the civilian commission found differently. The panel said Corrales and Diego violated department policies that govern when an officer can use lethal force.
But what is most challenging to our sensibility is the failure of local journalism in this matter. The fact that the public instantly knows the name of the officer in shootings involving an LAPD badge, but does not know any of the principles in this County and Federal matter after nearly seven months, is the single greatest disgrace, the single greatest evidence of impotence, of the LA Weekly, Los Angeles Times, and Los Angeles Daily News of the past year, and perhaps of the past decade. These have all failed Zac personally; and they have failed his family, his loved ones catastrophically.
Here is a great example of an activist attorney who does what is required to bring the issues into public view where they can be debated and opinions can be formed. In this broadcast, a former police officer discusses how it is against NYPD policy to shoot at a moving vehicle unless the driver presents some other threat (e.g., a gun, bomb, etc.). This must be national policy as it relates to the car-as-deadly-weapon scenario. It must be one of the goals we strive to achieve. The video also includes images of Doug Zerby who was killed last week by police who, as in Zac's case, failed to announce their presence. They, as in case, came to the worst conclusion possible. The police concluded that the water hose nozzle Doug held was a gun. They apparently gave no warning before they shot. Doug apparently didn't even know they were there.
So, we unfortunately have to welcome Doug's family and friends. We all knew the day would come, as it will surely come again.