by Dave Waddell
posted Oct. 17
SACRAMENTO – An eight-person jury decided today that the tasing seven years ago of the thrice-shot, motionless Tyler Rushing by a Chico police officer was not excessive force.
Tyler Rushing
Jurors did find negligence in the incident by police, but attached no monetary award to that judgment, said Mark Merin, attorney for Tyler’s parents, Scott and Paula Rushing.
The decision was a victory for the City of Chico and defendant officers Alex Fliehr, Jeremy Gagnebin and Cedric Schwyzer in a civil rights lawsuit brought by the Rushings.
The family is “pretty devastated, as you might imagine,” Scott Rushing said shortly after the verdict. “My anger level is pretty much off the charts.”
Merin and Rushing both said they were perplexed by the jurors’ verdict.
“They looked like another day at the office,” Rushing said. “They were staring like robots. We just don’t understand what they were thinking.”
More coverage of the civil rights trial will follow.
I am devastated by this decision. It was my honor to interview Scott Rushing on the KZFR Peace and Justice Program. In preparation of that interview I watched the horrible bathroom scene capped off by Fliehr tasing Tyler as he lay lifeless on the wet bloody floor. What did this jury see or think that contradicted this basic disgusting act of excessive and unnecessary cruelty and force? Now these monsters will be enabled to kill again. My condolences all over again to the Rushing family and also Desmond’s dad David Phillips.
This is another example of the corruption in the court system and law enforcement going to court in Sacramento is like going to court in Chico they take care of each other its obvious the jury was tainted this is just another hurdle we have to jump so the Rushings and the Phillips will continue to fight for Justice 4 our Son’s it is so not over.
The jury verdict has emboldened Chico Police Department “peace officers” to use lethal force without fear of facing discipline from law enforcement or the legal system. The truth can be elusive. In this case, the truth was irrelevant to these jurors who believed the fantasy story crafted by the attorneys for the officers instead of their own eyes.
This is another very sad day for the Rushing family! The corruption of the government and its police officers is very strong, it begins with the big shots in Sacramento and leaks all the way down to cities, such as Chico.
We used to believe that police were for the safety of the people, but we lost that a long time ago. In situations like this, they don’t admit or see their mistakes, their negligence, they always say it’s the other person’s fault. They are paid by the public to protect the public, but easily turn around and hurt the public, with no expectations of reprimand because of governmental corruption or protection, and especially “qualified immunity”. We never thought in our lives that we would see things get so out of control!
All of us who have lost loved ones know that our feelings are not of any concern, the government only protects themselves. There used to be a time when “peace officers” did something indecently wrong, justice would occur to right the wrong. Most people with common decency sees that the “peace officers” handled this situation extremely poorly, making many mistakes, but the jury believed otherwise?!
What about parents and family that lost their loved ones, expecting justice for the victims of police violence? It does not matter any longer how the wrongdoings by police affect others. It breaks our hearts to see this is the ‘status quo’ in this community and so many others now. Scott and Paula, we feel so sorry for your loss and the years of turmoil in your lives while seeking justice for your son and to now see that the system has failed you and your family is so very disheartening. It is not about the truth to the City of Chico, sadly it is about protecting their own, the “brothers and sisters in blue”.
Like so many others, I am heartbroken by this travesty. It is so sad that three of the four comments above are from parents of young men killed by Chico PD. My heart is with each of you for the pain you must endure for the violent loss of your sons at the hands of Chico PD. May there be deep healing
As with all of the comments posted here, I too am sickened by this jury’s decision. When I originally saw the police officer’s video footage of their vicious attack on Tyler it made me physically ill…literally. I don’t know how one could be a parent and be convinced that such uncalled for deadly force was not excessive. I agree that this will embolden law enforcement in Butte County to continue this horrific behavior. Scott and Paula have been let down by the institutions that we were all raised to turn to for justice. I am heart broken for the Rushing, Phillips and Sanchez families. It feels like now this is a further crime against all of us who cared for these grieving parents and will continue to have our confidence in the justice system chipped away even even more.
I am still in shock and disbelief that the jury came to the decision they did after seeing and hearing all the evidence that led to Tyler’s death by Chico police. I am so sorry for all the families who have a loved one to excessive force by law enforcement. It’s disappointing and mystifying to me that at a time in this country post George Floyd that the verdict came down the way it did. This shines a light on the fact that we need oversight of local police to shift the excessive deadly force officers sometimes resort to to humane alternatives. It’s both beneficial for the officers and the community they serve.
So the courts approve of the Chico Secret Police Department’s sadistic cowardice. Nice going, guys. At least we know what to expect.
I, too, am shocked and sickened at the jury’s decision. It is horrifying to contemplate the repercussions of condoning the officers’ judge, jury and executioner behavior with Tyler Rushing.
Thank you, Scott and Paula, for your efforts ……….immeasurable hours and resources………to expose to the light the culture of violence that exists within the Chico Police Department. I can only hope that this exposure, regardless of the jury decision two weeks ago, will be part of what brings about significant change in local law enforcement culture, and prevent needless suffering and death for future community members who are victims of the “judge, jury and executioner” mentality.
Chico’s Concerned Community for Justice Action Plan lays out the changes we envision for Chico PD. Foremost, we want officers to see and behave as guardians of the public welfare, rather than hyper -vigilant warriors. As I observed the trial, it was obvious that the officers wanted the jury to believe that they perceived the mortally wounded Tyler as an imminent threat!
I so appreciate your Chico Sol consistent coverage of this travesty of justice for Tyler, and for the many others whose stories deserve to be told!
February 2025
Now that the happy holiday season has passed and life is back to a regular routine, I think it is the right time to remember that some families suffer pain, not joy, on these holy days. These families are missing loved ones killed by “peace officers.” The families of the officers killed in the line of duty should also be remembered. The killings listed here occurred during the reign of Butte County District Attorney Michael Lee Ramsey. Ramsey alone ruled that all the fatal officer-involved killings were justified; however, in one case, after dash camera recordings of the killing of Andrew Thomas by Paradise PD Officer Patrick Feaster went viral, public pressure forced Ramsey to reverse his exoneration of Feaster and subsequently file a low-level criminal involuntary manslaughter charge. Feaster was convicted by a Butte County jury and served 90 days of a 180-day sentence and three years’ probation. Any corrections or additional information are welcome. Please respond to the following email address: therealchiconews@gmail.com
This list was compiled by Scott Rushing, son of Fire Chief Robert Rushing, whose name is on the Firefighter’s Memorial in Sacramento for those firefighters who died in the line of duty. My son, #30 on the list below, was Chief Rushing’s first grandchild.
Sources: Butte County District Attorney website, ChicoSol.org, Chico News and Review, Chico Enterprise-Record, Vallejo Times Herald, Paradise Post, Mercury Marin Independent, Sacramento Bee, Vacaville Reporter, Los Angeles Times, and family members.
7.19.1992. Adam Lopez, 58, Hispanic male- BCSO, Adam Lopez was killed by a shotgun blast from Butte County sheriff’s deputy Steve Pelton. Lopez had a blood alcohol content of 2.7 when he allegedly “raised a handgun toward sheriff’s deputies.” A single shotgun blast killed Lopez. Ramsey found it justified after California state Department of Justice probe.
12.27.1993. Scott Daniel Giguiere,44- Oroville PD-Viet Nam combat veteran with a history of mental illness, was shot seventeen times by Oroville PD officers Gary Keeler, Daryl White, and other SWAT officers. Giguiere was shot inside his trailer at 4141 Oro Dam Boulevard in the early morning hours of Dec. 27, 1993. Local veteran support groups argued that Giguiere needed help, not bullets.
9.11.1996. Billy Joe Lambert, 59- Gridley. Lambert, in ill health, showed up with a gun at his ex-wife’s place of employment, a convalescent hospital, possibly to hurt her. Lambert fired eight rounds inside the hospital. Roberts fired twelve times at Lambert with his .45 caliber pistol, killing Lambert.
6.30.1998. Jose Antonio Reyes, a Hispanic male, 27-BCSO, had a history of mental illness and was considered a “suicide by cop” by DA Ramsey.
3.29.2000. Porfirio Gutierrez, Hispanic male, 18, Gridley. Shot by Gridley PD by Officer James Robert. The media reported this killing as a suicide, but the fatal shot came from Officer Roberts. The press covered Porfirio’s death as a suicide. However, DA Ramsey ruled that the lethal shooting of Porfirio by Officer Roberts was justified.
7.26.2001. Richard Bracklow, 46, Stirling City, had a history of mental illness. Two deputies were killed. The deceased gunman, Bracklow, lived in a remote cabin, had kept a cache of weapons, and was described by neighbors as a survivalist. The slain Butte County sheriff’s deputies were identified as Lt. Leonard Estes, 61, a 30-year veteran of the force, and Deputy William Hunter, 26, who joined the department in 1998. When a man called the Sheriff’s Department and said his neighbor had threatened him, said Butte County Sheriff Scott Mackenzie, Hunter was dispatched to the scene near the small town of Stirling City, about 110 miles north of Sacramento. While he was en route, the caller told the dispatcher that the neighbor had returned to his home and stolen a firearm, Mackenzie said. When Hunter learned the man was armed, he requested a backup officer, and Estes was sent. Estes fired six rounds from his .45-caliber handgun.
1.16.2003. Luis Diaz Jr. 24.- Chico PD, gun battle
9.19.2003. Martin Cardenas Baez, 40- and Jose Cardenas Casillas, Hispanic males, 22- BCSO, were shot by deputies Jason Todd, Todd Boothe, and Neal Simpson. Casillas and Baez were from the same family and were killed in a marijuana raid. Baez and Casillas were killed at the grow site. Baez allegedly failed to drop an AK-47 he was holding, while Casillas was killed when he attempted to escape “by running behind Baez.” The responding officers fired multiple shotgun blasts at the victims, killing both.
6.3.2005. Lavell Terran Proctor, black man, 26- Chico PD officer Carlos Jauregui fired ten shots. Community groups alleged this was a racially motivated killing.
10.14.2005, Nathan Butts, 20-Chico PD. Butts had a history of mental illness. Twenty gunshots were fired by five officers, including Mark Bass, Scott Alan Ruppel, Alec Lowe, Jacob Olsen, Matthew Seipert, plus a K9 officer.
2.2.2006, Chad Terrio, 22- had a mental illness history. A mental health call by concerned family members to BCSO for a 5150 hold was denied. BCSO deputy Jason Louis fired three rounds, Tim Langel fired one round, and Todd Reinhardt and a K9 were present. There was public outrage after this killing.
4.24.2006, David Linn, 40- BCSO. Linn had a history of mental illness, jail time, and contact with the law. Eighteen shots were fired collectively by BCSO deputies Jason Piazza, Harold Horner, Vong Vang, and Sergeant Steven Collins, when Linn failed to drop a firearm, he was holding.
9.16.2006, Eric Ethan Smith, 40, – BCSO. Smith had a history of mental illness and drinking. A total of twenty-eight shots were fired by deputies Sergeant Jason Hail, Mark Muhlbaier, San Burnett, Silver Paley, and Arnold “Corky” Rey when Smith pointed a gun at officers. DA Ramsey considered this a suicide by cop.
12.30.2006, Daniel Quick, 43 of Magalia. Had a history of mental illness and drug abuse. Quick died from a heart attack after being given four quick “rides” with their Tasers: twice by BCSO Sergeant Tony Borgman and twice by Richard Dobkowitz.
6.12 2007, Rebecca Stebbins, 31, Registered Nurse, had a history of mental illness. Seven shots were fired. She was shot four times by Gridley-Biggs PD officer Scott Smallwood and three shots by Brandon Wilson. Deputy Scott Olsgard attended. Stebbins was armed and headed for her estranged husband’s house when she confronted officers with a pistol.
10.08.2007, Bartyn Pitts, IV, 39, Jarbo Gap. Shot by Fish and Game Warden Josh Brennan. Pitts had been living in Hawaii. He was a caretaker of a legal marijuana grow. When holding a shotgun, he was confronted by Brennan, who was delivering a warrant for having an illegal fire. Brennan fired seven rounds.
2.17.2008, Darlene Stace, 48- had a history of mental illness and a criminal history, was shot two times by Paradise PD officer Timothy Cooper. Cooper had a history of controversial arrests. Stace was at the Paradise Cemetery when she allegedly pulled a handgun on Cooper. DA Ramsey considered this killing a suicide by cop.
6.6.2009, Stephen Bell, 58- Had mental illness issues but no criminal history. Five Chico PD officers fired numerous shots at Bell by: Ted McKinnon, Greg Rogers, Lea Barrett, Dale Prosise, and Joel Schmidt. DA Ramsey deemed it a suicide by cop.
3.11.2012, Christian Valdez, Hispanic male, 18- Eight Shots fired by California Highway Patrol officer Shane Schilperoot in the City limits of Paradise after a high-speed chase and appeared to reach for a weapon. DA Ramsey considered this suicide by cop.
9.11.2012, Wayne Renner, 49- had a history of mental illness and had an arrest record of high-speed chases and weapon possession. Thirty shots were fired at Renner in a standoff with Chico PD officers Will Clark, Greg Rogers, Ben Love, and Mike Caldwell, but ultimately killed by a Chico PD SWAT sniper.
12.20.2012, Wayne Oxley, 50, Oroville, a Marine Corp veteran and former Paradise Police Department volunteer, had a history of mental illness. Oxley was shot four times at close range by BCSO deputy Chris Dineen in Magalia. One hit Oxley in the left neck, another in his left chest. The other two bullets hit the tailgate of the Toyota, and Oxley sustained shrapnel wounds from one of those bullets. Oxley did not fire at Dineen.
7.2.2013, Sengaroune Silaphanhdeth, 35- an out-of-state fugitive, was killed at the Gold Country Casino by BCSO deputies Jason Piazza and Jeff McNulty. Three shots were fired by deputies, who alleged that Silaphanhdeth reached for a handgun.
9.22.20013, Breanne Sharpe, 19, Chico- had a history of bipolar disorder and drug use, and police contact. Nineteen shots were fired at her by Chico PD officers Scott Zuschin, Damond Selland, Nick Vega, Jared Cumber, and Damon Quigley when she backed up her Honda car in the direction of an officer. Chico paid a $950,000 settlement fee to Breanne’s family.
4.28.2014, Victor Ray Coleman, Bakersfield- 53-Victor’s wife called OPD for a welfare check on her husband, who was in an Oroville motel on a business trip. Officers broke into the motel room and fired sixteen shots when they got no response from Victor. Marcus Tennigkeit, John Nickelson, and Jared Cooley, Victor was allegedly rushing at them with a knife and whiskey bottle in hand. Victor had drugs and alcohol in his system. DA Ramsey considered this a “suicide by cop.” Victor’s wife has disputed DA Ramsey’s ruling and alleged facts of the investigators. Victor’s wife received a one-million-dollar settlement from Oroville.
5.18.2014, Cory Lee Bush, 24- Oroville, shot by BCSO deputy Benjamin Cornelius using an AR-15 rifle, firing multiple rounds after family members called 911 for a welfare check on Cory. According to Cornelius, upon approaching the Bush residence, Cory pointed a pellet rifle at him, and in fear for his life, Cornelius fired.
12.29.2014, Robert Battaglia 28, had a history of mental illness. On a welfare check from concerned family members, BCSO officer Will Brewton fired one shot at Robert when he allegedly charged deputies with a knife in hand. BCSO deputy Hugh Hooks was also present.
11.10.2015, Eddie Gabriel Sanchez, 34, a Hispanic male, in Chico, was a suspect in a service station robbery when Chico PD Sergeant Mark Bass, on a welfare check call from his mother, approached Sanchez for questioning at a house in Chico, immediately after exiting the car Bass shot Gabriel in the face two times at close range when Gabriel allegedly pointed a pistol at Bass. Witnesses say Sanchez was raising his hands to surrender with no gun in hand when Bass fired two quick shots into Gabriel.
11.25.2015, Andrew Thomas, 26- Paradise, shot in the throat by Paradise PD officer Patrick Feaster as Andrew, driving drunk, was exiting a van that had flipped over on its side. Feaster fired one shot into the throat of Andrew. Feaster was criminally charged with manslaughter, was convicted by a Butte County jury, and served ninety days of a one hundred eighty-day sentence. Paradise paid a settlement of 3.4 million dollars to the Feaster family. Before he died, Thomas told DA investigators that he could not move and that he felt like he was a tin can being shot off a log as he saw Feaster pointing and firing his pistol.
3.17.2017, Desmond Phillips, black male, 25. Chico, had a history of mental illness; on a welfare assistance call to 911 from his father, numerous CPD officers arrived at the Phillips’s apartment. Chico PD officers Alex Fliehr and Jeremy Gagnebin entered Phillips’s apartment. They fired 16 times, with eleven shots going into the chest, neck, and head of Desmond at close range and standing over Desmond as he lay on the floor, face up. Fliehr and Gagnebin alleged Desmond was holding a knife. Desmond’s father disputes the conclusion of the facts presented by DA Ramsey’s investigators and has stated he feels race, along with the unnecessary use of lethal force, were factors in the shooting death of his son.
7.23.2017, Tyler Rushing, 34, Ventura- allegedly burglarized Mid Valley Title Company late in the evening. Twenty-three-year-old armed private guard Edgar Sanchez, responding to a motion alarm with his pistol unholstered, entered the patio and shot Tyler in the chest when Tyler struck Sanchez on the wrist with the handle of a bud vase. Numerous Chico PD officers arrived. Tyler retreated into a bathroom inside the building severely wounded. Numerous Chico PD officers arrived at the building. Sergeant Scott Alan Ruppel took command yelling at Tyler to exit the bathroom. After about thirty minutes, Ruppel and Chico PD officers Cedric Schwyzer, Jeremy Gagnebin, and Butte County Sheriff/K9 handler Ian Dickerson broke into the bathroom, and a struggle ensued. The K9 was sicced on Tyler, Sgt. Ruppel shot Tyler in the throat and back of the head, and Officer Fliehr gave Tyler a “ride” with his taser while Tyler lay face down on the bathroom floor. The Rushing family has accused officers of using excessive force, and Tyler was acting in self-defense when the officers broke into the bathroom in an attack mode, allegedly to “rescue” Tyler. A lawsuit resulted in the jury ruling in favor of the police.
8.21.2017, Mark Jensen, 56, Durham-Jenson was shot in front of his residence in the evening by one shot by BCSO sniper Matt Calkins. Earlier, Jenson allegedly threatened a code enforcement officer investigating his marijuana grow. Several BCSO officers claimed Jensen pointed a pistol at them. Jensen had been a candidate for political office.
4.26.2018, Myra Michilizio, 56, Palermo, BCSO deputies Charles Lair and Mary Barker were dispatched to a disturbance in the rural community. Fifteen shots were fired. Once there, the deputies saw Myra outside her sedan. The deputies parked and exited their cruiser behind Ms. Michilizio’s vehicle and ordered her to show her hands. Instead of complying, the deputies and nearby witnesses stated Ms. Michilizio quickly leaned into her car and backed it up quickly. Lair fired nine times and Barker six times killing Myra. The Michilizio family accused the deputies of excessive force. Butte County paid a settlement fee of $250,000 to her family. Myra bit her tongue off during the shooting.
5.7.2018, Larry Siordia, 33, Chico- BCSO Sergeant Mathew Rackley shot Siordia in the upper chest outside his Chico home, where officers had staged themselves. Investigators claim Siordia had fired sixteen handgun rounds in their direction and had been holding his family hostage. Toxicology results revealed cocaine in Siordia.
11.15.2018, GD Hendrix, 48, Berry Creek, a parolee and a homicide suspect. After a concerned call from a citizen led to a high-speed chase from numerous law enforcement agencies, which ended in twenty-nine shots fired in 2.5 seconds at him and his dog, killing both. The investigation revealed Hendrix was unarmed but under the influence of drugs. The K9 was killed by “friendly fire.” The shooters were: Butte County Deputy Kenneth Bryant, two automatic rifle shots -California Department of Fish and Wildlife Warden Chad Edwards, nine automatic rifle shots-Shasta County Sheriff’s Correctional Deputy Andrew Clark, six pistol shots-Shasta County Sheriff’s Deputy Chris Van Eyck, six automatic rifle shots-Butte County Sheriff Deputy Josh Brazzi, six semi-automatic pistol shots.
1.28.2019, Richard Moulton, 52, Red Bluff, was the president of a family-owned computer business. The Red Bluff Police Department had used his company. Moulton had a recent history of health problems. He had drugs in his system when killed. Sixty-three shots were fired in 3.3 seconds at Moulton after a pursuit that nine deputies ended. As he exited his truck fourteen officers were present. The shooters were the following: -Sergeant Joshua Brazzi, five automatic rifle shots-Sergeant Bradley Meyer, eight automatic rifle shots-Detective Paul Angelo Tavelli, six automatic rifle shots-Detective Ben Cornelius, eight sub-machine gunshots-Detective Paul Brodie, eight automatic rifle shots-Detective Jake Smith, three semi-automatic pistol shots-Deputy Mariah Smith, seven shots, semi-automatic pistol-Deputy Tristan Harper, twelve automatic rifle shots-Deputy Tyler Dentinger, six semi-automatic pistol shots.
10.14.2020, Stephen Vest, 30-Chico. Vest, an unhoused man, had a history of encounters with Chico PD. Eleven shots were fired in two seconds at Steven in the Chico Petco parking lot when he approached officers with a pocketknife with a 3.5-inch blade and a 4.5-inch handle. Sergeant Nicholas Bauer fired two shots, and Officer Tyler Johnson fired nine. Toxicology revealed that there was methamphetamine in Steven’s system. Family members have indicated they feel the use of lethal force was unnecessary.
1.2.2023, Baltazar Rubio, 43, Gridley. Had a history of mental illness. A year ago today, in the dawn of a new year, was it necessary for Gridley police to kill Baltazar Rubio, a smallish, timid man in acute mental crisis? This was not a gun battle. The three Gridley PD shooting officers were Sgt. Eva Smith, officers Anthony Lara, and Garrett Mauldin. In seconds, 31 shots were fired by the officers – five by Lara, who started the shooting, his second in 3 1/2 years, while Smith and Mauldin each unloaded a 13-round clip from their semi-automatic handguns. Rubio had no criminal history and was in a mental crisis when killed. Friends described him as harmless, and they were surprised Gridley PD shot a man known by residents and police to have cognitive challenges. He was accused of pointing the gun at police in the alley that runs between and parallel to Kentucky and Ohio streets, and the shooting area was bordered on the north by Sycamore Street and on the south by Magnolia Street. Butte County District Attorney Michael Lee Ramsey has yet to release the official report on the Officer Involved Shooting. Total: 38