OC DA Blames Schizophrenic Man For His Death after Fight with Santa Ana PD, Hospital Staff

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On the night of December 28, 2011, Mario Marin was angry with Santa Ana churchgoers. Outside the City Lights Dream Center Church, he cursed out congregates and clocked a pastor in the face. Unable to be subdued by church members, the Santa Ana Police Department were called in.

Officers Brian Booker and Sergio Gutierrez arrived on scene. Booker tased Marin, but it eventually took five cops in total to cuff and tie-up his hands and legs, restraining him with their knees and body weight.

Did the fight cause Marin's death five days later? An investigation by the Orange County District Attorney's office (OCDA) finds no fault with officer actions, saying Marin "was the aggressor" in a number of fights in the days leading up to his death, and that any number of them may have caused it--but definitely not the cop one!

The report notes that after being arrested, paramedics transferred Marin to St. Joseph's in Orange. On January 2, 2012, he attempted to break out of UCI Medical Center before six members of the nursing and security staff strapped him back to his bed. Later that morning, he became unresponsive and died.

An autopsy performed two days later concluded the cause of death a result of "respiratory failure due to a sequence of traumatic injuries." The forensic pathologist noted among his injuries a number of bruises, abrasions, Taser shock marks, fractured ribs, a tear in his pancreas resulting from blunt force trauma and a hemorrhage on the side of his skull.

The OCDA took it from there. "It is impossible to know exactly which of the many reported fights caused Marin's injuries," the report's legal analysis states, noting only two fights. "It should be noted that in all the fights leading up to his death, Marin was the aggressor. There appears to be no evidence of malice, a failure to perform a legal duty, or criminal negligence by anyone. Marin's death was due to a combination of a schizophrenic break, assaultive behavior, and lack of cooperation with treating physicians."

On that note, the OCDA closed its inquiry, clearing all parties involved.

The investigation letter is here, for those of you who like to read that sort of spin.

Follow Gabriel San Román on Twitter @dpalabraz

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14 comments
litesellme
litesellme

they got off on a technicality. The defense was able to persuade the jury that it was inadequacy medical care which killed Kelly. They had the best attorney in So Cal use San Diego doctors at UCSD to testify that the trach line was put down too deep and did not supply enough air to Kelly. THIS IS BS, they got off on a technicality. They beat this man half to death then found a loop hole!! they are murders any way you slice it. THEY MIGHT HAVE GOTTEN OFF, BUT THEY WILL NEVER BE FREE!! SPREAD THEIR INFO EVERYWHERE. Spend a little bit of time to do your part and spread this info for Kelly and for your own freedom.

Ro Ar
Ro Ar

Schizophrenic and bipolar people need to be required by law to take the meds. They can be a severe danger to society.

Rick Hale
Rick Hale

And because you, Shannon, are the type that will take my previous post as saying Kelly deserved it, I say again that the cops murdered him and I add that NO, the mentally ill do NOT deserve to be murdered.

Rick Hale
Rick Hale

No. Cops don't attack people without warning. Justified or not, something precipitates a cop whooping. If you comply with their demands, you won't be beat. I wholly believe that Kelly Thomas did not deserve to be beaten or harassed. I wholly believe that the cops that killed him committed cold blooded murder. However, had he followed police orders to the t, he would not have been beaten. He may not have understood their orders because of his mental state, but if he had and followed them, he would be alive.

acaringcitizen
acaringcitizen

   I am so thankful that the ACLU is developing a new program called "Dignity for All" that will help decriminalize the homeless for existing or sleeping in public.  While I was searching the net for how the ACLU plans to help the homeless, I discovered videos of Kelly Thomas, a man with schizophrenia, who was beaten to death by 6 Fullerton Police.  These police thugs confiscated cameras of 3 witnesses who filmed the incident, but they somehow missed one person who taped 15 minutes of the beating;  so now  you and I are able to see the beating on the Internet.  While Kelly was being beaten, he kept repeating, "I'm sorry," and he called, "Daddy, help me, they are trying to kill me." The video was really hard to watch, but I did watch the whole thing. Poor Kelly, it sounded like he was trying so hard to understand what the police were saying, but it probably isn't easy to process what is being said, when you have schizophrenia and you are being beaten. They said, "Put your hands behind your back," while they were hitting him in the face and elsewhere with batons and flashlights. 

      After seeing that video, I watched other videos about the same incident. For example, a medical doctor showed X-Rays of Kelly's injuries on one video and another video showed interviews with Kelly's father. Still another video showed Kelly's homeless friends who witnessed the beating. On one video interviewing Fullerton Police, an officer said  those police were following "standard procedure."  I watched these videos night before last so I lay awake for hours during the last two nights thinking about Kelly and others who look like they should be able to work, but can't because they have mental illness. 
    Please watch this very hard to watch video when you can. Please show the Internet video to others. 

Robert Simmons
Robert Simmons

He wasn't murdered. I am not sipping anyones anything. Nice try.

Shannon Tiare
Shannon Tiare

Also the cops attack citizens without warning either. Does this mean we can fucking kill cops then? Or is it just the mentally ill who deserve to be murdered?

Shannon Tiare
Shannon Tiare

Yeah keep sipping the OCPD's kool aid, dude. Not like the cops straight up lie or anything.

Robert Simmons
Robert Simmons

There is no issue here whatsoever despite the best efforts of the OC Weekly to make one. I get it though... you have to feed your paranoid audience. Lesson from this: DON'T ATTACK PEOPLE! Do people NOT GET that just because someone is mentally ill DOESN'T MEAN you treat them any different when they are ATTACKING people?

Angie Jackson
Angie Jackson

Of course. It's never the cops. #KellyThomas

Whackadoodle
Whackadoodle

the nursing and security staff strapped him back to his bed. Later that morning, he became unresponsive and died. It is Illegal to tie somebody to bed. I learned that when  my mother was in hospital hallucinating and my sister gave authorization to tie down, later on we found out it is not legal and patient can hang self. She only did it cause she was freaking out  is fine now  but who would know that.

18usc241
18usc241 topcommenter

"The investigation letter is here, for those of you who like to read that sort of spin."

No thanks. I practiced for the SAT test 32 years ago.

And the Madoff like record of perfection continues.

reconstructionist
reconstructionist

How is someone still a .12 after more than four days in custody?


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