Full, Unedited Kelly Thomas Confrontation Video

Police Misconduct or Justifiable Use of Force?

The Orange County, California, “Kelly Thomas” case involves several police officers being charged with crimes for allegedly assaulting and killing Kelly Thomas. The key question being looked at this week during the preliminary hearing is whether or not the officers were justified in their conduct and whether or not there is sufficient evidence to prosecute the officers in the criminal case. [update- Judge found sufficient evidence and officers will be prosecuted]

Below is the unedited video of the incident. You decide.

According to the Orange County Register Newspaper (good link of Kelly Thomas resources/updates…), the videotape, shown in public for the first time during the preliminary hearing Monday, showed an escalating situation that abruptly became violent when Ramos (police officer) put on rubber gloves and said, “Now, you see my fists? … They’re getting ready to f— you up … if you don’t start f—– listening.”

Within moments, Ramos and another officer strike Thomas with a baton before taking him to the ground, according to the video, and land on him as he begins screaming “I’m sorry dude! … I’m sorry! … I can’t breathe, dude … I can’t breathe, sir! Please, help!” and later “Help, Dad! Dad! Help me, Dad!”

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Join us live on Spreecast (Monday, May 14, 2012 at 11 a.m. PDT) to discuss the Kelly Thomas case in more detail (live video discussion). If you are unable to participate in the live “real-time” Spreecast, please use this same link to watch the recorded discussion at your leisure…

http://www.spreecast.com/events/kelly-thomas-case

 

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“Black Box” Technology in Collision Investigation

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California Auto Body Repair Consumer Bill of Rights (Amended January 1, 2010)

Getting your Car RepairedEvery week we get several calls from consumers who have questions about getting their automobile property damage repaired after an accident. Most are not aware of their legal rights.

Here is the California Auto Body Repair Consumer Bill of Rights that should help answer most of your questions. Phone numbers and links are also provided. If you still have questions, feel free to call.

A Consumer is entitled to:

1. Select the auto body repair shop to repair auto body damage covered by the insurance company. An insurance company shall not require the repairs to be done at a specific auto body repair shop.

2. An itemized written estimate for auto body repairs and upon completion of repairs, a detailed invoice. The estimate and the invoice must include an itemized list of parts and labor along with the total price for the work performed. The estimate and invoice must also identify all parts as new, used, aftermarket, reconditioned or rebuilt.

3. Be informed about coverage for towing and storage services.

4. Be informed about the extent of coverage if any, for a replacement rental vehicle while a damaged vehicle is being repaired.

5. Be informed of where to report suspected fraud or other complaints and concerns about auto body repairs.

6. Seek and obtain an independent repair estimate directly from a registered auto body repair shop for repair of a damaged vehicle, even when pursuing an insurance claim for repairing the vehicle.

Complaints within the jurisdiction of the Bureau of Automotive Repair

Complaints concerning the repair of a vehicle by an auto body repair shop should be directed to:

Toll Free (866) 799-3811
California Department of Consumer Affairs/Bureau of Automotive Repair
10240 Systems Parkway
Sacramento, CA 95827
Complaints are also accepted at the Bureau of Automotive Repair web site.

Complaints within the jurisdiction of the California Insurance Commissioner

Any concerns regarding how an auto insurance claim is being handled should be submitted to the California Department of Insurance at:
(800) 927-HELP or (213) 897-8921
California Department of Insurance
Consumer Services Division
300 S. Spring Street
Los Angeles, CA 90013
Complaints are also accepted at the California Department of Insurance web site.

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And here’s one of our prior blog post with written instructions and a video…

 

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Lawyers Making a Difference- The Defective Firestone Tire Cases

orange county personal injury lawyerOn a beautiful Saturday in March 2000, Donna Bailey, a 43-year old mother of two, traveled with two friends to a climbing expedition in Texas in a Ford Explorer equipped with Firestone tires. One of the tires suddenly started to separate, and the Explorer skidded and rolled. Despite wearing her seatbelt, Bailey was left paralyzed from the neck down.

Defective Firestone tires on Ford Explorers took the lives of at least 271 people and seriously injured many more before the companies issued the largest tire recall in history. Internal company documents would later show that the two corporations had known of the deadly tire separation and associated rollover problems for years but had done everything they could to hide it. They were undeterred by federal regulators at the National Highway Traffic Safety Administration, which only had the power to impose a maximum fine of $925,000.

It was through the civil justice system that Donna Bailey was able to obtain some measure of justice. As part of her settlement, Ford agreed to release internal documents about the tire and rollover problems, and executives visited her to personally apologize.

Thanks to cases like that of Donna Bailey, the civil justice system publicly highlighted the problem and forced the companies and regulators to take action.

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Back-up Cameras in all Vehicles by 2014?

New regulations to mandate back-up cameras in all passenger cars, trucks, minivans and buses is contemplated for 2014. These measures are being proposed to try and reduce the number of back-over fatalities and injuries that occur on a yearly basis.

According to NHTSA, “adoption of this proposal would significantly reduce fatalities and injuries caused by backover crashes involving children, persons with disabilities, the elderly and other pedestrians.” Here are our thoughts on the matter…


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Senior Partner Shares Legal Commentary in Michael Jackson Wrongful Death Case

Wrongful death case tossed out of court for Joe JacksonMichael Jackson’s father, Joe Jackson, filed a wrongful death lawsuit against Dr. Conrad Murray in August 2010, after his son, passed away on an overdose of a prescription anesthetic. The Jackson wrongful death case was recently tossed out of court.

Read Mitch’s comments in Monday’s nationally syndicated Lawyers.com article entitled, “Confusion in Michael Jackson Wrongful Death Case”

Watch the live Q&A Spreecast here…

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Related items consumers and families may find helpful in a California wrongful death case…

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Railroad Safety and Railroad Crossing Accidents and Deaths

California Railroad Cross Wrongful Death LawyerSeveral years ago we represented a family who had a son tragically killed after being struck by a train while pushing his bike over a bridge near Trestles. For those of you living outside of California, Trestles is a popular collection of surfing spots at San Onofre State Beach Near San Clemente, California.

What we learned while handling this case is that over the past 10 years, there were more than 3,600 train accident deaths and 30,000 railroad crossing accidents across the United States.

We also learned that most railroad cross injuries and deaths are avoidable.

What most people don’t understand is that railroads have an obligation to construct and maintain safe railroad crossings. The rationale for this is that their trains travel across public highways so that the train companies can make billions of dollars in profits.

Now here’s the interesting part. Despite the fact that railroad companies are earning multi-billion dollar profits (in 2010 net profits: UP earned $2.8 billion and BNSF $2.5 billion), they many times refuse to install appropriate safety devices unless city, county or state taxpayers help with the expenses. We don’t think that’s right.

Causes of railroad crossing accidents include inattentive train operators; defective or non-existent lights, alarms, bells and gates; failing to maintain crossings allowing for overgrown trees to hide approaching trains; and of course, motorist and pedestrians not paying attention when walking on or crossing tracks.

Truth be told, a majority of all annual railroad crossing injuries and deaths can and should be avoided. Improved safety efforts on the part of the railroads would be a good start. Additional care by motorist and pedestrians crossing the tracks would also go a long ways to reducing the number of injuries and deaths.
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Related articles…

California Wrongful Death
California Personal Injury

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Online Defamation? Man Sues Ex-Girlfriends for Online Remarks

Defamation on the InternetSenior Partner, Jon Mitchell “Mitch” Jackson, shares his comments in today’s nationally read Lawyers.com blog post entitled…

Modern Slander: Man Sues Ex-Girlfriends for Online Remarks

“The difference between offline and online defamation is like the difference between placing a small ad in the local community newspaper versus the same ad being shared during a 60-second Super Bowl commercial,” says Mitch Jackson, a partner at Jackson & Wilson. “Publishing comments on the Internet can result in tens of thousands and even millions of people reading or watching what has been said about you or your business. Because of this, people need to be very careful about what they say about someone else…”

Click here to read the entire article and more of Mitch’s thoughts re online defamation…

Food Poisoning Cases in California

Are you a victim of food poisoning? If so, watch this video to learn more about your legal rights!

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New Testimonial From Family After Jury Trial Verdict

Jury verdict for another client of Jackson and Wilson“We are very grateful that Mitch Jackson of Jackson & Wilson entered our lives. After our neighbor’s continued bullying turned to acts of violence against our family, we needed help. Mitch told us that nobody deserves to be harassed in their own home. Not only did he take our case, but he became our advocate.

Going through a trial was a very stressful experience for our family. Mitch’s confidence in us and in himself helped us have peace of mind. He consistently reminded us that we had the evidence and the law on our side, and that he was going to put an end to our neighbor’s bullying.

Mitch was very well prepared for our trial. He presented our case in a clear and concise manner to the jury. He did a very skillful job of pointing out inconsistencies in the defendants’ testimony. However, he was professional and respectful of everyone involved in the trial, which we believe the jury appreciated. The same cannot be said of the defense attorney.

A week-long trial is not quite as exciting as the legal dramas we see on television. However, there were moments when Mitch stole the show. When the defense was allowed to call a witness that was not on their witness list, Mitch was able to think on his feet. Not only did he discredit this witness, but his testimony actually worked in our favor. Furthermore, Mitch’s closing argument was excellent. He was able to sum up our case for the jury in a very personal and compelling fashion.

In the end, Mitch Jackson was able to secure a significant jury award in our favor. Not only has this helped to compensate our family for the emotional distress that we have been suffering for years, but it has put an end to our neighbor’s harassment. We highly recommend Mitch Jackson of Jackson & Wilson to anyone who is in need of an excellent personal injury attorney.”

David & Joyce Plotnik

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