Category: Policing

Sentencing of ex-cop appealed by DA

Domestic partnership declared between former officer and his alleged victim
by Dave Waddell | Posted November 14, 2024

Devin Pasley

A fired Gridley police officer previously charged with felony domestic violence has been sentenced to one year of probation for abusing his domestic partner’s dachshund.

Butte County District Mike Ramsey said his office wants a longer, more restrictive probationary period for Devin Pasley and has appealed his sentencing by Superior Court Judge Virginia Gingery. A hearing on the appeal has yet to be scheduled.

Gingery sentenced Pasley to 90 days in jail for misdemeanor animal cruelty but stayed the jail time pending successful completion of the one-year probationary term. The conditions of his probation prohibit Pasley from having animals in his home. read more

Taser pain minimized at Rushing trial

Testimony from ‘cottage industry of exoneration’ aided Chico police
by Dave Waddell | Posted October 29, 2024

The pain of the taser was “searing … like a baseball bat swung hard and squarely into the small of your back. That sensation, which is actually two sharp steel barbs piercing your skin and shooting electricity into your central nervous system, is followed by the harshest, most violent spasm you can imagine coursing through your entire body.” – Journalist Matt Stroud in his book “Thin Blue Lie.”

SACRAMENTO — Three years ago, the New York Times published a deeply reported story on how paid experts help exonerate police in killing cases. This month, that “cottage industry of exoneration,” including one expert who has made a fortune minimizing the dangers of tasers, operated at full gear on the 15th floor of the Robert T. Matsui Federal Courthouse. read more

Rushings lose federal civil rights lawsuit

Jury finds tasing of motionless Tyler Rushing not excessive force
by Dave Waddell | Posted October 17, 2024

photo courtesy of Rushing family

Tyler Rushing

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.

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.” read more

Expert: Police fear in tasing ‘imaginary’

Rushing’s parents testify emotionally at civil rights trial
by Dave Waddell | Posted October 11, 2024

SACRAMENTO — A veteran police practices expert told a jury Thursday (Oct. 10) that it was “imaginary fear” that led Chico police to tase a seemingly incapacitated Tyler Rushing.

That consultant, Roger A. Clark of Santee, testified in federal court that Rushing “was no longer a credible threat” when officer Alex Fliehr jolted his body with a taser shot as Rushing lay semi-prone on the bloody floor of a downtown Chico business on July 23, 2017.

Tyler’s parents, Paula and Scott Rushing of Ventura, also testified emotionally Thursday. Jurors heard too from disagreeing experts about whether the burst of electricity from Fliehr’s taser could have contributed to Tyler’s death. read more

Officers defend use of taser on fallen Rushing

Civil rights trial continues with more testimony in federal court
by Dave Waddell | Posted October 10, 2024

photo courtesy of Rushing family

Tyler Rushing

SACRAMENTO – Jurors on Wednesday (Oct. 9) viewed video clips from Chico police officers’ body-worn cameras that captured the last instants of Tyler Rushing’s life.

A dominant color in the scene was the bright red of Rushing’s blood framing his semi-prone body. After bleeding out for the better part of an hour following a serious gunshot wound to his chest from a private security guard, Rushing was shot twice more by a Chico police sergeant and lay on the floor of a title company’s women’s restroom.

Rushing’s buttocks were exposed, his shorts apparently having been pulled down by a biting police dog during a slippery, chaotic struggle with several officers. read more

Tasing of Tyler focus of long-delayed trial

Rushings seek verdict that Chico police violated son’s constitutional rights
by Dave Waddell | Posted October 6, 2024

photo by Leslie Layton
Scott & Paula Rushing after their July hearing at the North Butte County Courthouse.

On the eve of a long-awaited civil rights trial over their late son’s tasing by Chico police, Scott and Paula Rushing are “cautiously optimistic” about getting justice for Tyler.

The Estate of Tyler Rushing v. City of Chico will be tried beginning at 9 a.m. Monday (Oct. 7) in Courtroom 4 on the 15th floor of the Robert T. Matsui Federal Courthouse, 501 “I” Street, in Sacramento. Judge Dale A. Drozd of the U.S. District Court for the Eastern District of California will preside.

On Oct. 4, Drozd issued a tentative decision on various motions. Scott Rushing characterized the overall ruling as “about the best we could get” given previous court decisions. Critically, from the Rushings’ standpoint, Drozd will permit the jury to learn what Rushing called “the totality of circumstances” that led up to Tyler’s tasing. The City wanted testimony restricted to the tasing itself. read more