SANTA ANA (CNS) - An appeals court panel today denied an appeal by a  former Fullerton police officer challenging a lower court judge's refusal to  dismiss the criminal case against him stemming from the in-custody beating  death of schizophrenic transient Kelly Thomas.

In January, Orange County Superior Court Judge William Froeberg declined  to dismiss charges against former Officer Manuel Anthony Ramos, who is  charged with second-degree murder and involuntary manslaughter in the July 5,  2011, beating, and co-defendant former Fullerton police Cpl. Jay Cicinelli, who  is charged with involuntary manslaughter and excessive force.

Attorney John Barnett, who represents Ramos, filed the appeal with the  Fourth District Court of Appeal in Santa Ana. He said today he had not been  notified about the decision by justices William Rylaarsdam, William Bedsworth  and David Thompson.

The dismissal motion revolved around an allegation that Ramos held up  his fists to Thomas, threatening to ``(expletive) him up,'' which Orange County  District Attorney Tony Rackauckas said frightened Thomas, prompting him to run  away from the officers and triggering the deadly conflict.

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

Barnett, however, argued that Ramos told Thomas he would only carry out  his threat if Thomas failed to obey his instructions. Barnett argued 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 a similar  order at a car thief and the suspect turned and ran, causing a school bus full  of 30 children to roll over, killing all of the passengers, the officer would  be held liable for their deaths, Barnett said after Froeberg's ruling.

Froeberg, however, ruled the videotape of Thomas' beating was sufficient  evidence to go forward with a trial. The judge has set a June 28 trial date  for Ramos and Cicinelli.

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.

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

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, officials said. 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.

Posted by David Perez