Orange County Coroner's Office To Release Kelly Thomas' Autopsy

Finally, the Orange County Coroner's Office has completed its report on the death of Kelly Thomas, the mentally ill homeless man who died after a violent confrontation with officers from the Fullerton Police Department.  According to a KTLA news story, the findings of the Coroner have been turned over to the Orange County District Attorney's Office for consideration.  Reportedly, a news conference is scheduled for tomorrow during which District Attorney Tony Rackauckas is expected to discuss what, if any, charges will be filed against the officers involved in the controversial arrest.  

See the full KTLA news story HERE.

Medical records previously released show Thomas was originally taken from the scene of the incident to St. Jude Hospital in Fullerton.  However, because his heart stopped, and he required a higher level of care for that and other reasons, he was emergently transported to UCI Medical Center.  By the time he arrived there, Thomas' pulse rate was very high, and his blood pressure dangerously low.  He was exhibiting seizure activity, and one pupil was unreactive.  For all intents and purposes, he was severely brain injured and the likelihood of any meaningful recovery was grim.  The assessment of the emergency room physician was that Thomas had suffered blunt trauma, facial fractures, prolonged oxygen deprivation, facial lacerations, and shock, among other things.  Also of note was the presence of a taser dart in the left chest area, suggesting a taser had been deployed by one of the Fullerton officers in violation of industry recommended guidelines.  From the records released to date, it seems likely the Coroner's Office will conclude the cause of Thomas's death was homicide.

The extent of the beating Thomas received at the hands of the Fullerton Police is almost impossible to understand.  With reports that at least six officers were present during the arrest, one has to wonder why so much trauma to the face and head would be necessary to control this rather diminutive man.  The purpose of an arrest is to secure a subject's presence in court before a judge, not to punish.  Police officers are generally taught to use the least amount of force reasonably necessary to control a subject and take him into custody.  In the Thomas case, he was reportedly being taken into custody for auto burglary, a property, nonviolent crime.  The amount of force used on Thomas, as evidenced by the injuries documented in his medical records, would seem well beyond justification.  Ideally, the Thomas family will see justice in both the civil and criminal courts.

Compensation for the victims of police misconduct should be an important concern for all Californians. When someone is beaten excessively by the police, the police department should be held accountable and compensation paid to the victim or the victim's family. An Orange County police misconduct attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of an unlawful arrest or excessive use force at the hands of the police?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Pastor in Orange County Accused of Sexual Abuse of Two Boys

A pastor of an Orange County church has been accused of molesting two boys, both of whom are just 11 years old.  According to a story in the Orange County Register, the pastor of the Laguna Hills church, Oscar Perez, was arrested last weekend, and bail has now been set at 1 million dollars.  Perez is facing four felony counts (two as to each boy) and, if convicted, he could face up to life in prison.

Perez is accused of assaulting the boys at Perez' Lake Forest home, and apparently one of the alleged victims claims to have been abused during a sleepover.  According to court records cited by the Register, prosecutors accuse Perez of abusing one of the boys in July, and the other sometime between 2008 and September 2011.  Perez, identified as a bishop of the Old Catholic Church, rented space at an Episcopal church in Laguna Hills and celebrated Mass once a week, officials said. Spokesmen for the Episcopal and Roman Catholic dioceses said his church was not affiliated with them.  Authorities are asking anyone who believes they were a victim, or who has additional information on the case, to contact Supervising District Attorney Investigator Lou Gutierrez at 714-347-8794.

See the Orange County Register story HERE.

It is not clear from the story above how Perez managed to arrange time alone with the boys and whether his church affiliation had anything to do with that.  In general, the possibility exists that pedophiles will use any position of authority to gain legitimate access to young boys in order to seduce the more susceptible ones into sexual activity.  Unfortunately sex abuse in this context is more common than accidental deaths and serious injuries combined.   It is well recognized that children engaged in organized group overnight activities are at risk of foreseeable sexual abuse.  It is certain that there exists in our society the constant possibility that persons suffering from a lack of proper mental balance or normal decency might subject young people to sexual molestation.  This fact is often illustrated by mass media accounts of crimes against children.  The general feeling of the public that this problem does exist in a threatening way has led to the conclusion by many courts of this State that those charged with the care of children are obligated to guard against sexual abuse.  Liability generally follows where the abuse is foreseeable.

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Compensation for victims of sexual abuse and harassment committed by people in a position of authority should be an important concern for all Californians.  When an adult engages in sexual abuse of a child they should be held accountable, and their victims should be compensated.  An Orange County injury attorney with experience at handling sexual abuse cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual misconduct cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual misconduct or abuse?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Motorcycle Accident in Aliso Viejo Results in Fatality

Over the weekend, a motorcyclist died after crashing with a SUV on Friday night.  According to a article in the Orange County Register, emergency personnel were called to City Lights Drive, north of Pacific Park Drive, just after 10 p.m. Friday after receiving reports of the collision.  The motorcyclist, identified as 23 year-old Ryan Macomber, was taken to Mission Hospital in Mission Viejo, according to official sources cited by the Register.   Macomber succumbed to his injuries sustained in the crash and was pronounced dead just after 1:00 a.m. on Saturday.  The accident is still under investigation by the Orange County Sheriff's Department.

See the Orange County Register article HERE.

According to the California Department of Motor Vehicles, there are a number of things a motorcycle rider can do to reduce the risk of being involved in an accident.  The factors that should be taken into account include:

• Be visible.  Wear proper clothing, use your headlight, and ride in the best lane position to see and be seen.
• Communicate your intentions.  Use the proper signals, brakelight, and lane position.
• Maintain an adequate space cushion.  Allow yourself enough space when following, being followed, lane sharing, passing, and being passed.
• Scan your path of travel.  Look at least 10 to 15 seconds ahead.
• Identify and separate multiple hazards.
• Be prepared to act.  Remain alert and know how to carry out proper collision-avoidance skills.

See the California Motorcycle Handbook HERE.

It is unknown what caused the fatal accident referenced above, and it is rare that a single party is solely at fault.  Macomber was riding his motorcycle at night, and it is  not known what clothing he was wearing and if the headlight on his vehicle was in operation.  The area of City Lights Drive where this accident occurred is relatively straight with a slight grade.  It does not appear that the roadway configuration would have played a role, although there is a merging lane near Pacific Park Drive.  The SUV's speed and whether the driver was keeping an adequate lookout will also factor into how and why this tragic accident occurred.

Compensation for the victims of automobile and motorcycle accidents, caused by a driver's negligence, should be an important concern for all Californians. When a driver operates their vehicle in a careless manner and causes a serious or fatal accident, they should be held accountable. An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling automobile accident cases, including those involving negligent drivers.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an Orange County motor vehicle accident?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Automobile Accident in Fullerton Injures Two High School Students

This morning a two-vehicle crash in the City of Fullerton injured two students walking to Fullerton Union High School.  According to an article in the Orange County Register, the collision was called in to the  Fullerton police at 7:10 a.m., and it occurred near Pomona and Chapman avenues.  Citing official sources, the Register reported the two vehicles crashed and then one or both of the cars hit the two students, who were crossing the street.  The injuries to the children were described as minor to moderate.  One of the students impacted the windshield of a Kia Spectra involved in the accident.  From the photographs of the accident scene, it appears the collision between the two vehicles was severe.

See the Orange County Register story HERE.

From Google images of the accident site, it is apparent the vehicle collision happened just adjacent to Fullerton Union High School.  The subject intersection is controlled by traffic signals on all corners.  The speed limit for Chapman traffic is 30 mph and for Pomona it is presumably 25 mph, given it runs through a residential area very near the accident scene.  In light of the damage to the vehicles, this would appear to have been an accident involving a left-turning driver and a straight traveling vehicle.  Under California law, the driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety. (California Vehicle Code § 21801)  It remains to be seen how and why this tragic accident occurred, and it is surely still under investigation by the Fullerton Police Department.

Compensation for the victims of automobile accidents caused by a driver's negligence should be an important concern for all Californians.  When a driver operates their vehicle in a careless manner and causes a serious or fatal accident, they should be held accountable.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling personal injury cases, including those involving negligent drivers.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an Orange County motor vehicle accident?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.