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!