White LAPD Officer Charged with Felony Assault in Custodial Death of Black Woman - Stomped on Genitals while arms & legs restrained
Officers who Stood by and Did Nothing Not Charged. From [HERE] and [HERE] A white Los Angeles police officer was charged with assault Thursday for allegedly kicking a Black woman, Alesia Thomas, 35, seven times in the groin, abdomen and upper thigh during an arrest in which the woman ultimately died, her attorney said.
According to reports a witness heard the officer threaten to kick the Black woman in the genitals if she did not comply with police orders and then the officer allegedly stomped on the Black woman's genital area. The Black woman was handcuffed and her ankles had been restrained in a “hobble restraint device.” [MORE] The incident was partially captured by video, which has not been released to the public.
Officer Mary O'Callaghan, an 18-year veteran, was charged by Los Angeles County prosecutors with felony assault under color of authority, lawyer Robert Rico said. O'Callaghan, 48, faces arraignment Tuesday and has been relieved of duty without pay pending an administrative hearing. So far, the media has not shown any pictures of O'Callaghan.
“I am sad it has taken this long. I am sure Charlie Beck (in above photo) saw this video long ago. I would like to see that video,” said Thomas' mother, Sandra Thomas. “They are charging that officer, but what about all of the officers involved? They did nothing to stop this," she continued. "They didn’t intervene to stop her kicking. They broke the law … maybe they didn’t care just like the officer who kept kicking.”
White prosecutors declined to file a charge of involuntary manslaughter, citing insufficient evidence to prove that the conduct caused Thomas' death, according to the district attorney's office. The assault charge is punishable by up to three years in state prison, prosecutors said.
The Police Commission, a civilian oversight board, reviewed the July 22, 2012, incident and issued a report concluding that O'Callaghan used unreasonable force on Alesia Thomas, 35, when she was restrained and in the backseat of a cruiser.
Officers had tracked Thomas to her South Los Angeles apartment after she'd abandoned her 3-year-old and 12-year-old children at a police station at 2 a.m. because she was a drug addict and couldn't care for them. Officers at the station learned the children expected their grandmother to pick them up.
The visit to Thomas' home quickly escalated into a prolonged struggle when officers tried to arrest the 228-pound Thomas for child abandonment.
O'Callaghan allegedly repeatedly used profanity and the kicks while trying to get Thomas into the car and secure her in the backseat, as Thomas continued to struggle, kicking her legs toward the window and at O'Callaghan.
The report contained a detailed description of the incident, which was also caught on a police car camera. The department has not released the videotape and denied a request for a copy from The Associated Press, citing the ongoing investigation.
According to the report, video shows Thomas' "eyes roll back and her body roll toward the driver's seat" before she appeared unconscious. She arrived at the hospital in full cardiac arrest and was pronounced dead by a doctor.
An autopsy found that Thomas had cocaine in her system, but left her cause of death as "undetermined" because the struggle couldn't be excluded as a contributing factor. Thomas, who had a history of bipolar disorder, had no internal injuries or bruising, the coroner's report said.
O'Callaghan was one of several officers involved in the incident, but the only one whose actions were found to violate department policies. None of the officers were identified by name in the commission's report.
The commission specifically noted O'Callaghan's "apparent indifference" to Thomas, but wasn't able to determine whether she deliberately kicked Thomas or was just using her foot to push her into the car. But the decision to use her foot or leg to move Thomas into the cruiser was "ineffective and inappropriate," the commission said.
Attorney Benjamin Crump, who is part of a team of attorneys representing Thomas' children in a suit against the LAPD, demanded that the video be released.
"It is unconscionable that in this day and age LAPD officers would treat a person like they treated her," Crump said. "We demand (the video be released). The truth is going to come out."
LAPD Chief Charlie Beck said in a statement that the department worked closely with the district attorney's office on preparing and filing the case, which he called troubling. He said O'Callaghan's actions that day didn't meet his expectations but the filing shows the department "will hold our officers accountable for their actions."
"I hope the community recognizes that the act of one officer cannot and should not be an overall reflection of this Department," Beck said.
Tyler Izen, president of the police union, said O'Callaghan's actions are "incongruous with her reputation as an officer known to be diligent, courteous and ethical."
O'Callaghan, a southeast patrol officer, was publicly commended by the department in 2004 for her efforts to help a family whose Christmas gifts were stolen in a burglary of their home.
Three other officers have been placed on non-field assignments at other stations pending internal investigations. A fourth was allowed to return to the field after it was determined that the officer's role was minor.
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