As the 10th anniversary nears for the beating death of transient Kelly Thomas in Fullerton, city officials Tuesday announced that two of the officers involved in the struggle have dropped their attempts to get their jobs back.

Former Officer Joseph Wolfe and former Cpl. Jay Cicinelli have dropped their appeals of their firings, officials said. Wolfe abandoned his appeal on Monday and Cicinelli did the same on Friday.

Cicinelli and Wolfe were fired after their involvement in the July 5, 2011, fatal beating of Kelly Thomas at the city’s transportation center parking lot. The two were fired in July 2012.

The firings were appealed over the years with the City Council upholding the terminations in 2017, so the former officers sued and lost at trial in November. Those rulings by Orange County Superior Court Judge David Hoffer were appealed, but then the officers dropped the appeals.

The City Council in 2017 upheld the findings of an internal review that Wolfe should be fired for excessive force, filing a false police report and insubordination. Cicinelli was fired for excessive force and violating department policy.

The judge in the November ruling concluded that Wolfe did not use excessive force when punching or kneeing Thomas, who had been uncooperative and argumentative with former officer Manuel Ramos and Wolfe when they contacted him, but did commit excessive force for his part in “prolonged body pressure” as six officers pinned Thomas down for several minutes as he shouted for help from his father and begged them to get off because he could not breathe.

The judge found that Cicinelli used excessive force by “repeatedly beating Thomas’ face with a taser.”

“They never should have had a badge to begin with,” Thomas’ father, Ron, told City News Service.

Ron Thomas won a $4.9 million settlement with the city on the eve of a civil trial in his wrongful-death lawsuit in November 2015.

He praised Mayor Bruce Whitaker, who was on the City Council at the time of the killing.

“I can’t thank Bruce enough… for never giving up for Kelly,” Thomas said, choking up. “He never, ever yielded to the other members of the City Council and always fought for justice. He wanted to know the truth and fought for the truth and demanded to see the video. He demanded everything. He anted to know the truth.”

Whitaker said in a statement that he was “pleased that this ugly chapter in our history is finally behind the city and our residents.”

He added, “The beating death of Kelly Thomas was tragic on its own, with lasting and continued damage, but the costly and lengthy process to uphold the city’s termination of the involved officers took almost nine years to resolve.”

Cicinelli and Ramos, who was also fired, were charged in criminal court for their part in the killing, but were acquitted in January 2014. State prosecutors later dropped charges against Wolfe.

In January 2017, federal prosecutors dropped a civil rights investigation of the killing.

Ron Thomas said he wants Orange County prosecutors to consider charging Wolfe again in light of new facts that came out of the justification for his dismissal.

“I demand that (Orange County District Attorney) Todd Spitzer revisit Joe Wolfe, who was never sent to trial, therefore, there’s no double jeopardy,” Ron Thomas said. “And since the letters of termination are public knowledge there’s plenty of evidence to convict Joe Wolfe of these crimes against Kelly Thomas.”

Ron Thomas, who has since moved to Arizona, said he is preparing to return to Orange County to mark the 10th anniversary of his son’s death.

“I’m going to make a big deal out of it,” Ron Thomas said. “Ten years later I still break down… I think about my son all the time.”

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