FWIW, I don't see a chance of death penalty, on account of the beaters didn't intend death. But manslaughter charges are in line, and should stick.
The tape (or tapes) will be revealing. The camera mounted on the pole at the transportation center is lined up right where the beating took place. The critical footage will be what happened BEFORE the take-down began, when Kelly Thomas, according to witnesses, was sitting there on a bench and was approached by the first two officers. He allegedly ran away when they tried to take and search his backpack. The FPD's story is that they took him down because he "resisted arrest." However, witnesses have stated he never resisted, that "he wasn't doing nothing." His father said he most likely ran because he was scared as he is schitzophrenic.
The tape should provide the answers. There is also a patrol car camera that reportedly filmed the entire event, according to a police informer, and two dispatchers watched the entire thing. A real estate agent was also taping the whole event from about 15-20 feet away. Unfortunately, the police "borrowed" that tape and no one seems to be able to find it now.
Call me cynic, but I don't think it is going to turn up.
I don’t even see a trial. What I do see are six promotions even if the City and Department has to create the positions.