Cop who shot Desmond also Tased Tyler

Officer Fliehr's combat history disclosed in testimony
by Dave Waddell | Posted August 18, 2019

Desmond Phillips

Chico police officer Alex Fliehr, who fired first and the most in the Desmond Phillips killing, has testified about trying to shoot Tyler Rushing three months later. In the confrontation that killed Rushing, Fliehr also shot a Taser as Rushing lay prone, motionless and unarmed.

Those facts and others – including that Fliehr saw “action” in the Iraq war – have emerged in sworn testimony during depositions for wrongful death lawsuits filed against the city of Chico by the Phillips and Rushing families. The two men were both experiencing mental disorders when shot to death in 2017.

Fliehr’s combat history was left off his resume when Police Chief Mike O’Brien held a news briefing three days after the March 17, 2017, killing of Phillips, a young black man. O’Brien’s purpose was to identify the two inexperienced officers, Fliehr and Jeremy Gagnebin, who together had sprayed the Phillipses’ small living room with 16 shots. Eleven of their hollow-point rounds devastated Phillips’ body. He probably died before he hit the floor — this 25-year-old, who, when killed, was mentally disabled and likely also feeling the effects of being shocked by a police stun gun. No officers were hurt. read more

Desmond attorney: Judge erred

Quick reversal to be sought in Chico police killing suit
by Dave Waddell | Posted August 3, 2019

photo courtesy of Phillips family

Desmond Phillips

SACRAMENTO – When a conservative federal judge this week blocked claims for damages sought by Desmond Phillips’ family, Chico Police Chief Mike O’Brien quickly spun out a press release saying the judge had justified Phillips’ controversial police killing.

However, Ben Nisenbaum, an attorney for the family, told ChicoSol in a Wednesday phone interview that Judge John Mendez erred in his rulings in court Tuesday. Once Mendez’s words are sorted out, Nisenbaum believes Phillips’ survivors will get the jury trial they are seeking.

Mendez, a judge in the U.S. District Court, Eastern District of California, in Sacramento, dismissed civil claims that had been filed by the family of 25-year-old Desmond Phillips, an African-American man who was suffering from a mental crisis when he was killed in his own living room by two young Chico police officers. The family’s complaint alleged violations of both federal and California laws. read more