Premeditation is the act of actually planning out the murder beforehand, it's a different definition than what you described later on in your post.

They planned it. Moments before, but they planned to beat him, planned to hold him down, planned to taser him, all along having full knowledge of the potential results.

Being a cop is a tough job.

Does not been you get away with murder. There was no reason for this.

I work at a bar, as and engineer, right where this happened and the Fullerton police department is tough and brutal.

This is clear proof police are out of control.

It is clear to everyone who knows the man who died (and many did) that he was not mentally stable.

The police murdered this man through police brutality and that is a fact. Video does not lie.

The community went into panic mode and it is still a very sensitive and very talked about subject in Fullerton. This happened last fall.

I know, I work 100 feet from where this occurred. This is a major issue and now once again gone national news.

A bunch of fat cops beating, tazing and brutalizing a citizen, seems like we live in Tehran not America. These criminals need to be held to a higher standard than your average thug since they are supposed to be representing law and order. What a farce! The problem seems to be that we don't pay enough in salary to attract good people with proper training and temperament. Being a cop is a tough job but not one that should be attempted by any fat guy off the street - as these "cops" clearly are.

Police brutally murdering citizens out in public in the middle of the sidewalk - this truly has become a police state. I know how Iranians must feel...

I want to see these two punks swing from a gallows.

They will walk, they always walk. The Corrections Industry, the fastest growing industry in America, always protects their own. No Judge or DA will allow a real trial to happen.

Queue the right-wing zealots to come out of the woodwork and cry about the victim "resisting arrest" and excusing this killing. Of course we all know he was simply resisting murder - apparently Republicans find that un-American. What a shame.

A career with them would show you, as it did me, most are not fit to be police officers. The desire for empowerment supercedes the desire to protect and serve. Maybe it's different elsewhere but, the over 300 I worked with in the Northeast ended in my having respect for exactly 4 officers.

All citizens should start carrying handguns. If you see police ruthlessly beating one person, who is not resisting a lawful arrest, then take action!

The police used to be there to protect us. But every day, it's actions like the beating of this man, that make it obvious the police are not there for our good.

Why aren't the other cops all charged with 2nd degree murder? This seems like "acting in concert", meaning they all get charged with murder just for being a part of it.

When a guy just happens to be in the back seat, and his friends rob a store, and kill someone, they ALL go to prison. Why should cops be different?

We have seen multiple instances of police brutality lately and I am all for holding police accountable but, as I viewed this tape I did not see why these officers are being charged. The suspect clearly continued to struggle and fail to comply with the officers commands and he clearly had enough strength to make it hard for the officers to control him. He kept complaining that he could not breath but if you can talk then clearly you can breath. I did not see anyone beating him other than trying to get him to comply which is a valid use of force.

Wait for it - won't be long until some aszhole pops up trying to justify this as resulting from the stress of being a cop :D

I think many would be surprised at how common this kind of police brutality is. The only difference here is that it was recorded.

You would think this could happen only in countries like Syria or Iran, not on the streets of America.

I hope these @!$%#ing animals get punished be it by the jury or the feds for there brutality against Kelly..

I support law enforcement but this is far from that. They murdered him and brutally. I have a friend who works in the LA country jails and he even agrees with me that these douches went off the deep end and lost it. The situation was handled in his words as a cluster @!$%#.

@ Mike Fillmore. Tough job may be true in some cases but how tough can it be when the odds are 6 armed men against 1 unarmed man?

The Local Police Force: Where the World is Your Punching Bag...

I guess there is no chapter of the handbook on how to relieve tension without injuring others.

WOW, what a utterly complete lack of justification for the use of that much force. The guy wasn't even on drugs, and it took that many cops beating, kicking, punching, kneeing, and tasering him to get control of him. What little punks those cops were. Nothing but bullies with badges. I would have been a little freaked out if I had been in that poor mans position, but if you add his mental health problems, he was totally confused.

There has to be a better way to safely subdue these types of suspects than physically beating him into submission. What I seen was nothing but schoolyard tactics.

I have seen this happen too many times to understand why the problem hasn't been solved. I am sure that the police officers wished that he had been armed, or at least perceived to be armed, so that they could have used their guns on him. Even the threat of a weapon will get 50 bullets pumped into you. I have been a bouncer, and there are ways to control a threat like that that are non lethal and would only take one or two properly trained guys.

Many of the police farces (yes, I spelled that wrong on purpose) across this country have let their power and authority go to their heads, and think that extreme force is the only way to deal with problems. Many just don't care, and look at the general public as "the other side". They end up alienating themselves in their own little world, when they should be a part of the communities that they are paid to protect. I personally have never been able to have a cop as a friend, as they love their job more than people. Many are nothing but trained attack dogs that cannot think for themselves.

Shame on these wanna be cops. Either they totally lacked the proper training to deal with this, or didn't care. I really hope that the two initial cops get charged with murder, as that is exactly what they committed. The others looked a bit confused, and were just trying to help from what I could see and hear, and should be retrained in the proper way to subdue an unarmed suspect, and other out of control cops.

"Dad, help me," Thomas said."

No excuse for this.... sigh

This is a case where if the cops would have let up "just a little" things WOULD have been different.

A little empathy would go a long way. Maybe if the cops had proper training...perhapsthey should have 4-6 cops jump on them telling them to "relax" and all 6 cops pulling his arms in different directions while being tazed. Lets see how they react or comply.

Sorry Mr police officer(s), This is a case where you were wrong and overstepped your authority.

I was a victim of the Brunswick Police Department... I am a former Marine Law Enforcement Officer of the United States Coast Guard in South Portland Maine... Former Brunswick Police Chief Hinton from New Hampshire had total negligence of my rights and concerns as did the entire Police Force of Brunswick Maine... However, the Maine State Police was instrumental in the Conviction of a killer and I thank them...

What I noticed is that throughout the video Kelly Thomas never once complied. He continued to be combative throughout the entire process even after saying he gave up and that he couldn't breath. He continued to be combative even as more officers arrived. If six officers had trouble controlling him you can imagine what it would have been like for two officers to control him.

@Toughjob, so you mean to tell me that you wouldn't be a little combative when fighting for your life??? That man did NOTHING wrong, you should be ashamed of yourself for even attempting to defend those pigs.

Personally, all these officers should be taken to the woods and given a bullet to the head.

This is just one of many cases of police brutality and murder that they get away with all the time when it comes to picking on the homeless in LA.

These two pigs are so out of shape, they shouldn't even be on any police force.

Give them a death sentencing, or give them life with no parole.

There really isn't more to the story. He did have some mental challenges, which is why he was homeless, but he was clearly one guy being beaten on by lots of cops and not fighting back. I live near Fullerton and have been hearing about this since the beginning. This really is a case of cops gone bad - they could have easily restrained this guy without beating him up, and ultimately killing him. And I am almost always on the side of law enforcement.

Looks to me like the huge fat cop in the picture could kill any average person by sitting on him, tazing him, and beating him in the head. Yeah, there's a lot more to this story alright - namely that there are people willing to excuse this death as routine police work. You should be ashamed to call yourself an American in my opinion. This is not how the police are trusted by the public that employ them are supposed to behave.... and you are not supposed to excuse death by police brutality.

We all know, that in this country, mental illness is a crime punishable by death. It's too expensive to provide proper care, just put them down.

See's Through Gloss,

Saying the homeless are "often mentally deranged" shows the obvious prejudice and contempt you have for those who are less fortunate than most of us. Perhaps you were looking for the term "mentally ill", or perhaps, you've just listened to way too much Rush Limbaugh.

If you watch the full video, you can see the whole story. The guy was a little weird and uncooperative, but he's also schizophrenic. Cops should be able to handle that without killing someone. Just before the beating, the cop tells the guy (who is just sitting there) that he's going to beat him, and then pushes him. The guy gets up and raises his hands defensively, then the cop pulls out his baton and starts hitting him. The guy tries to run (as would anyone who is being beaten).

I am so disgusted with the actions of these officers. I hope they are punished for murdering this poor man.

@mtlgreer: At the same time, you can't ignore the fact that much of the homeless population suffers from mental illness. I have first hand experience with one such person. (I used to go to school in Philadelphia). I was walking to 30th Street Station with a friend, and a homeless person was mumbling across the street. He threw a wine bottle at us; it hit her just behind the left ear. 31 stitches later...

Once the son turned eighteen the father has no legal ability to control his actions. But thanks for trying to blame the father for having homicidal cops kill his son.

And that deserves the death penalty? If it were as cut-and-dried as you suggest, they wouldn't be on trial.

Leatherneck918 doesn't know the difference between "there" and "their". Explains a lot about his lack of comprehension.

@Leatherneck918 and please tell me how he was supposse to get his arms behind his back when the cops have him pinned on his side.

I think if you couldn't breathe you might just struggle too, in order to try to breathe! It's kind of hard to calm down, when you are trying to get some air with several fat cops sitting on you. Beatings, murders, theft, intimidation, protection payoffs and the list goes on. And cops wonder why they don't get respect! it seems that the only difference between some cops and the criminals is that one wears a uniform. (Notice- SOME cops, not all!)

I knew a cop (or wannabe) would comment. It makes them feel less guilty when they do it.

Check the video it shows the cops trying to put the guys arms behind his back, but he keeps fighting them. The homeless man is dead by his own action of fighting with the cops. Period.

Had he put his arms behind his back and let the cops put on the cuffs on, he would still be alive today. The homeless mans action led to his own death.

Before the beating started, one cop said to the homeless guy "You see these two fists?" Homeless guy says "Yah, what about em?" Pig says "They're getting ready to @!$%# you up."

This was clearly premeditated murder. Its funny how the pigs yell stop resisting to try to get away with murder, though. Like they're fooling anyone. Its a shame that so much of our police force is made up of the dregs of society. The only thing most of them were good at was bullying in high school, so naturally they became cops.

i dont care if he was resisting,six men with guns cant control him,thats hog wash,they knew what they were getting into when they became a cop,it still gives them no right to beat a man to death.if they cant handle the job they should wash dishes or something like that,protect and serve does not mean any thing any more,they get away with to much, i know these bleeding hearts say if he would of just complyed,but if it happen to one of ther family members they would be screaming police butality,he wasnt resisiting that much

He is physically weak and unarmed... They beat him to death for sport...

I watched the video and I see cops killing a unarmed man who was minding his own business and was NOT breaking into cars. These cops see this guy day in day out and they know who he is and his mental issues..

what did they think was going to happen when you hit a man in the head with a flashlight several times and punch and beat him

They should be forced to wear their uniforms in prison. Certainly the inmates will give them what they deserve.

The thing that puzzles me so much is the way the cops believe everyone will just do as they say. As if they had no idea people might resist being arrested... Since when did "resisting arrest" which is a very grey & questionable call allow cops to unleash an unlimited amount of force. The cops in this video act as if they were saving a crowd from a maniac, like if they would of got off of him something horrible would of happened.

If you want to be a cop, expect that your gonna have to tussle every once in a while. Don't replace courage with excessive force, we all know your cowards.

Hey man you go to far, and should not be saying things like that. There are still a lot of cops who work for the citizens and do a good job. I believe all cops should go through a mental examination every year by a professional not affilaited with law enforcement.

Yeah tons of good ones, thats why there is a new video every day of a cop beating on some weaker person because the person didn't do as they were told......

Everybody hates cops, get them when you can!

All the good cops are too busy covering up for the bad cops.

It doesn't matter if your local PD is 20% rotten or 5% rotten. If the good cops in the PD don't protect you from the bad cops, by testifying against them and stopping them from abusing their authority - then guess what: they're equally responsible.

The community cannot work with police if the good cops cover for the bad cops, as they do all the time.

Show me a cop witness for the prosecution of a bad cop, and I'll show you a good cop. I haven't seen any recently. Until then, I and many others are as scared of cops as we are of criminals, more so perhaps because there will be no one to call for help, as Thomas found out.

I think once they start beating him.. they enjoyed it more and could stop themselves.. they should never return to force again or serve to protect.. they are danger to sociaty... if they are allow again to serve they will do worse than this! I dont think we want to see another Rodney king war against officers.

it take one ot two bad officers to make the whole police department look bad as long as these officers are getting the proper sentence / punishment then everything should be fine

I don't think any of them "snapped". I think this type of stuff happens very routinely, just rarely does a man die, much less when there is a video of them clearly abusing their authority.

We pay cops a lot of money nowadays, can we get ones that aren't looking to make up for their lack of courage or just abuse every right they are given?

maybe the same will happen to you...............

Hello? He was struggling to breathe!

You're a monster.

you maybe right but Officers cannot use deadly force for not cooperating with them.. officers can use force or even shoot you when their life at risk... but this is different! all against one!!!!!!! and could not hand cuff him.. give me a break.. beating him to death you think that s the solution for not cooperating?

I wonder if he had a weapon on him!!!! what would they do to him? cheeeeee

The pigs need to be put in with general prison population and taken care of by prison law, once their rear ends receive the same kind of pounding they meted out to this poor man, justice will be served. F the police!!

If I was being beaten to death I would resits too. Better than die like a sheep to slaughter. Its a shame he wasn't carrying a gun to protect himself from those who are supposed to be protecting us.

no it was the result of excessive force

you maybe right but they were enough officers to force hand cuffs on him!! but they chose to play bad ass with him first.. I imagine if had weapon! they would of shot him 90 times.. officers can use force if their life at risk but not when someone is not obeying your orders, I hope that those two officers go to jail for a long time.. they can be bad ass in jail.. it s the right place for them

Even ignoring the fact that he was mentally deranged and thus probably incapable of following the cops orders, any normal person aggressively put in an extremely uncomfortable position would resist and react. Sure we've been conditioned to simply 'do whatever the cops say' but frankly this line of thought is bull@!$%#. The vast majority of cops are piece of sh*t thugs who sign up to be legally allowed to execute violence. Sure, they have a 'protocol' they have to follow but once that first line is crossed by a suspect they are more than willing the execute extreme force at their own discretion. I hope the justice system recognizes this and feeds these dogs to the prison system they help supply as an example and warning to the rest of the nations shinning service men in blue. Never personally seen a cop live up to the mantra "to protect and serve" probably never will.

sue the mofos

FYI the supreme court has ruled that the police are not required to Protect or serve the public. They are only there to enforce the law as they see it.

Very True

Rookie, you make some very valid and frightening points.

I guess you missed the part where the cop PUT ON GLOVES and then told the victim he was going to "@!$%# him up"