Kelly Thomas case: Will a third officer be charged?

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Orange County District Attorney Tony Rackauckas speaks during a news conference to announce that two Fullerton, California police officers were charged in connection with the death of Kelly Thomas on September 21, 2011 in Santa Ana, California. Orange County District Attorney Tony Rackuackas has repeatedly said the investigation into a third officer's involvement is ongoing.

Two ex-Fullerton police officers charged in connection with the beating of a mentally-ill homeless man, remain free on bail, more than 13 months after the incident.

They are the only officers facing criminal charges of the six involved in the confrontation with Kelly Thomas. Thomas, 37, died several days after the violent confrontation.

But a third officer remains under investigation.

Joe Wolfe can be seen in surveillance footage repeatedly swinging a baton over Thomas, and when the video of the violent confrontation went viral, many wondered why Wolfe wasn’t facing charges.

Wolfe was later terminated from the Fullerton police department, as were Ramos and Cicinelli.

Manuel Ramos is charged with second degree murder and involuntary manslaughter and Jay Cicinelli with involuntary manslaughter and use of excessive force for the beating of Kelly Thomas on July 5, 2011 at the Fullerton Transportation Center.

Orange County District Attorney Tony Rackuackas has repeatedly said the investigation into Wolfe's role is ongoing.

"Tony Rackauckas told me 'I still haven’t forgotten about that other guy,'" said Kelly Thomas' father, Ron Thomas, who said the remark was a reference to Joe Wolfe.

Thomas said he expects the DA will eventually charge Wolfe too, and that Rackuackas made the comment to him at a Friday, August 24 pre-trial hearing for Ramos and Cicinelli.

Ramos and Cicinelli have pleaded not guilty and are free on bail.

They’re due back for a November 30 court hearing, when their attorneys will argue the charges should be dismissed.

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