Former Cpl. Jay Cicinelli, who after being
acquitted of involuntary manslaughter and excessive use of
force in the fatal
beating of Kelly Thomas, announced last week that he would
fight to get his job back. In 2012, the Fullerton police department
fired him after Orange County prosecutors pressed charges, and is
standing by its decision.
“I was wrongfully terminated. How do you argue with a jury of 12
who all agree on the same thing?” the officer questioned. Cicinelli
added a surprisingly tone-deaf, woe-is-me claim that his “whole
life has been stopped” because of his involvement in the brutal
treatment of the schizophrenic and homeless Thomas. The cop’s
lawyer, Michael Schwartz, told the Los
Angeles Times that he expects to win the appeal.
Fullerton Chief of Police Dan Hughes has different ideas. He
doesn’t want Cicinelli back on the force. He said,
“Former Police Officer Jay Cicinelli has alleged that he was
wrongfully terminated and has demanded his job back… I stand
behind the employment decisions I have made.”
A local CBS affiliate covered the
Fullerton City Council yesterday, which met to discuss whether or
not they would approve Cicinelli’s appeal. Hughes
reiterated, “Although a terminated employee has the
opportunity to appeal his or her termination through an
administrative appeal process… I intend to vigorously defend my
decisions.” Thomas’ father and numerous other residents
expressed similar sentiments.
David Whiting of The Orange County
Register suggests that
Cicinelli may not actually be qualified to protect and serve, due
to a physical impairment. The officer previously worked for the Los
Angeles Police Department, during which time he was shot and lost
an eye. He was deemed unable to work in the field he has received
retirement compensation from the city since 1996. Whiting points
out the conflict of “agree[ing] you’re a disabled police officer
and then also accept wages for being an able-bodied police
officer.”
Reason’s Jacob Sullum makes a strong case for why Cicinelli
and his fellow officer, Manuel Ramos, should not be retried, lest
they be subjected to double jeopardy.
On whether or not that means Cicinelli deserves his job back,
Whiting makes an equally valid point: “A verdict of not guilty
doesn’t necessarily mean a defendant is innocent. And being
acquitted of involuntary manslaughter doesn’t mean the Fullerton
Police Department wrongfully terminated Cicinelli.”
For more coverage from Reason.com on the death of Kelly
Thomas, watch Paul Detrick’s video of protesters who have
spoken out against the Fullerton Police Department below:
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