SANTA ANA (CNS) - An Orange County Superior Court judge today dismissed  a motion by two former Fullerton police officers to throw out charges against  them in the in-custody beating death of transient schizophrenic Kelly Thomas.

Orange County Superior Court Judge William Froeberg earlier this month  had tentatively ruled against the motion to dismiss charges against former  Fullerton police Cpl. Jay Cicinelli, who is charged with involuntary  manslaughter and excessive force, and former Fullerton Officer Manuel Anthony  Ramos, who is charged with second-degree murder and involuntary manslaughter in  the July 5, 2011, beating.

Froeberg upheld that ruling today.

Attorney John Barnett, who represents Ramos, said he would appeal to the  Fourth District Court of Appeal in Santa Ana.

The argument over whether to dismiss charges principally revolves around  Ramos allegedly holding up his fists to Thomas, threatening to ``(Expletive)  him up,'' which Orange County District Attorney Tony Rackauckas has claimed  frightened Thomas, leading him to run away from the officers and trigger the  deadly conflict.

Rackauckas argues Thomas had a right to defend himself, and that he  appeared confused and flustered by Ramos' commands.

Barnett, however, argued that prosecutors conveniently ignore that Ramos  also added he would only carry out his threat if Thomas failed to obey his  instructions. Barnett argued that it was akin to a police officer saying, ``Stop, or I'll shoot,'' to a suspect.

Under the prosecution's legal theory, if an officer shouted that order  at a car thief, for example, and the suspect turn and ran, causing a school bus  full of 30 children to roll over, killing all of the passengers, then the  officer would be held liable for their deaths, Barnett said after today's  hearing.

Froeberg, however, ruled the videotape of Thomas' beating was sufficient  evidence to go forward with a trial.

Froeberg set a June 28 trial date for Ramos and Cicinelli after much  discussion that appeared to indicate the actual trial will happen later in the  year.

Former Officer Joe Wolfe, 37, who was indicted in September on felony  counts of manslaughter and excessive force, will return to court March 29 for a  hearing on his attorney's motion to dismiss charges and to set a trial date.

Rackauckas pushed for a trial in May for Ramos and Cicinelli, but  Barnett and Cicinelli's attorney, Michael Schwartz, said they had other cases  set to go to trial then. Barnett suggested an October trial.

Rackauckas said he thought the trial would last three or four weeks.  Barnett and Schwartz said it would take about five weeks.

It's likely Wolfe will be tried separately since his indictment came a  year after charges were filed against the other co-defendants.

Thomas' father, Ron Thomas, urged Froeberg to set a trial date as soon  as possible.

``In July it will be two years'' since his son's death, Thomas said.

The attorneys on the case in that time ``could write whole novels on  what happened to Kelly,'' Thomas said. ``It's just a matter of stalling and I  would like to proceed for justice for my son.''

Police went to the Fullerton Transportation Center in response to a 911  call from the nearby Slidebar nightclub that someone was trying to break into  cars outside the club. Investigators have determined Thomas was not trying to  break into cars.

Wolfe and Ramos confronted Thomas at the transportation center. While  Wolfe went through a backpack Thomas had with him, Ramos and Thomas engaged in  a lengthy, often sarcastic and prickly, exchange.

Wolfe found letters in the backpack addressed to an attorney, prompting  him and Ramos to discuss arresting Thomas for possession of stolen property.  Investigators later determined the letters were not stolen.

Thomas ran from the officers after Ramos held his fists up to him and  ordered him to follow his instructions. That touched off the skirmish that  ultimately included six officers as they worked to restrain Thomas.

Ramos faces a potential sentence of 15 years to life if convicted of  second-degree murder but only four years if convicted of involuntary  manslaughter. Cicinelli and Wolfe face a maximum sentence of four years in  prison if found guilty.