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Letter from Scott Rushing - Officer Involved Shooting Death of Tyler Scott Rushing
Menchaca, Clarissa From: Bennett, Robin Sent: Monday, December 11, 2017 4:47 PM To: Menchaca, Clarissa Cc: McCracken, Shari Subject: 12-08-2017 Scott Rushing letter dtd Dec 4 2017.pdf Attachments: 12-08-2017 Scott Rushing letter dtd Dec 4 2017.pdf Hi, Clarissa; Please find a scanned copy of a letter from Scott Rushing to the BOS. 1 12.4.2017 Mr.Bili Connelly,Chairman,Butte County Board of Supervisors 5280 Lower Wyandotte Road Oroville,CA 95966 Dear Chairman Connelly: Michael L.Ramsey, District Attorney for your county,on 9.28.2017,sent a report to Chico Police Department Chief Michael O'Brian,regarding the officer involved shooting death of Tyler Scott Rushing,my son,by Chico Police Department Sergeant Scott Ruppel,the second shooter,and an unnamed private security guard. Mr.Ramsey used a lot of adjectives such as"violent", "unprovoked sneak attack","bizarre behavior", "violent assaultive actions",to describe Tyler's actions when he encountered the private security guard,identified later as Sergeant Edgar Sanchez,an employee of the Armed Guard Private Protection Company,known as AGPP.I was surprised that the DA would so strongly defend Sanchez and find no criminal liability in his official report of the actions of the privately employed security guard,who was the first shooter.Sergeant Sanchez is also a member of the group"Volunteers In Policing"(VIP)and was known by the officers and staff of the Chico Police Department and this was not disclosed by Mr. Ramsey. Attached is an article from the Chico News and Review dated 11.30.2017.The writer discovered a financial contract existed between the City of Chico and AGPP.Was Sanchez working along with Ruppel under the contract?The financial relationship between the City of Chico and AGPP was not disclosed in Mr.Ramsey's report suggesting to me the DA was in fact defending the two shooters as if both were city employees.I believe the Ramsey report is simply wrong and misleading due to these omissions. Attached is a current Dun&Bradstreet Comprehensive Insight Plus Report,dated 12.3.2017,on AG Private Protection Inc.,and a quick review of the highlighted areas shows the company has a negative net worth.How can the City of Chico have a contract with a company that has a negative net worth? My hope is you fire Mr.Ramsey for these mistakes.This turned out to be a life and death matter. Sincerely, Scott Rushing G 415 Lakewood Avenue Ventura,CA 93004 805.901.0900 Copy:Larry Wahl,Maureen Kirk,Steve Lambert,DougTeete ,State AG Xavier Becerra,Sen.Jim Nielsen,Sen.Hanna Beth Jackson,Assemblymembers Monique Limon and James Gallagher,various members of the press Attachments 121312017 https:fiwww.newsreview.com/chico/PrintFriendly?oid=25.433447 •�Tw _.. ,,�.,,. This article was printed from the Local Stories section of the Chico News do Review, originally published November 30, 2017. This article may be read online at: http://www.newsreview.coiiVchico/content?oid=25433447 Copyright©2017 Chico Community Publishing, Inc. Printed on 2017-12-03. Under the gun A deep dive into the city of Chico's nearly $67,000 annual contract for armed security By .'i _`,_ s;J_!; Only darkness appears at the beginning of body camera footage captured just before 11 p.m. on July 23, as v security guard Edgar Sanchez is heard radioing in signsSAN, �,. of a break-in to Armed Guard Private Protection'smss{ W,� � dispatch center. With little light penetrating the shrub- covered fence surrounding the back patio of Chico's Mid Valley Title and Escrow, where Sanchez was responding to a burglar alarm, the scene becomes visible only when the 23-year-old guard activates the flashlight mounted on his 9mm Glock semiautomatic pistol, already raised to firing position. Seconds later, a man identified as 34-year-old Tyler Rushing appears and the two engage in a brief and Mike Stricker(center),co-owner of Armed Guard chaotic melee. The camera catches glimpses of flailing Private Protection,says his company provides body parts, banging and indistinct clamor. Rushing invaluable services to the city of Chico and other clients.Stricker is flanked here by AGPP guards retreats as quickly as he appeared, groaning and CL1rSina, Gabriel Garber(left)and Derrick Azevedo. and the guard frantically searches the patio for several PHOTO BY KEN SMITH seconds,the severity of the altercation unclear in the footage until Sanchez again reports over the radio. "AG Sam 5, shots fired! Shots fired!" says the panicked-sounding Sanchez (using his radio call name), who sustained stab wounds to his left forearm from a broken flowerpot wielded by Rushing. "The subject's been shot ... I shot him!" Less than an hour later, Rushing was dead inside the Main Street business, following a standoff with law enforcement that culminated in the already critically wounded man being shot twice more by Chico Police Department Sgt. Scott Ruppel. Butte County District Attorney Mike Ramsey declared the killing justified—saying the security guard and police officer acted in self-defense--but the incident has fueled ongoing concerns about police violence in Butte County. It also reignited apprehension over the role of private armed security, an increasing presence in Chico since Armed Guard Private Protection (AGPP) personnel—equipped with body armor, batons, loaded sidearms and hired by a group of downtown business owners—first walked the streets of downtown in November 2013. _ V7 12/3/2017 hUps://www.newsreview.corrkichico/PrintFriendly?oid=25433447 Though Rushing's death happened while Sanchez was performing guard services for a private entity, that tragic event and reports of AGPP employees performing municipal duties in public spaces prompted the CN&R to look deeper into the relationship between the armed contractor and the city of Chico. This led to the discovery of a$66,534 annual contract with the company that seemingly gives the city wide berth in its regular and potential uses of armed security_ This escalation of services was implemented with no public discussion, and the cost and scope is beyond what several sources intimately involved in city politics—including at least one City Council member--were aware of. The contract, obtained by the CN&R through the California Public Records Act, includes a summary -- called a"project description"—that reads, "To provide armed private patrol services at Chico Downtown Parking Structure, City Plaza, the Stansbury House,the Chico Depot, and Park Facilities. Additional services may include armed private security services at the Chico Municipal Airport or other locations as deemed necessary or on an as needed basis." City officials interviewed for this article downplayed the significance of the services provided by AGPP, touting the arrangement as a fiscally conservative alternative to paying staff to perform menial tasks outside of the 9 a.m. to 5 p.m. workday. They also claimed AGPP could only provide those services armed because of changes in the security industry. City Councilman Randall Stone was unaware of the city's contract with AGPP until he was provided details by the CN&R. He related the city hiring armed security to another effort to get more guns on the ground in light of perceived threats to public safety: the upcoming transition of city park rangers to armed officers overseen by the CPD. He characterized such efforts as being driven by"an appetite for blue gunmetal." The councilman,who's held his seat since 2012, said in an October phone interview that he's long been troubled by the proliferation of armed security in Chico, and described a personal experience at City Plaza earlier this year that strengthened that concern. "I had my wife on one side of me and my child on the other and one of those guards literally walked between us," Stone said. "He had the four magazines on his belt, a tactical holster strapped to his leg ... the whole battle-dress uniform. And he walked between my son and I, surrounded by children,at the Thursday Night Market." Stone said the security guard's equipment and appearance was unsettling in that environment, and the encounter prompted him to tell the organizers of downtown's recently formed property-based improvement district(PBID) he couldn't support that effort if it included hiring armed guards. Tom DiGiovanni, a business owner and member of the PBID's steering committee, said that group's research found very few PBIDs employ armed security, and doing so is against established best practices. DiGiovanni confimed the local PBID will not include armed guards. AGPP's presence at downtown events isn't covered by the city's contract, but until recently was paid for by the Downtown Chico Business Association. After the guards were first faired in 2013 by a group of business owners called the R-Town Downtown Coalition, the DCBA assumed responsibility.for that contract in February 2014. Melanie Bassett,the DCBA's executive director, said services initially included downtown foot patrols, but were dialed back to only cover calls for assistance 12!3!2017 httpsalwww.newsreview.com/chico/PrintFriendly?oid=25433447 4s ,� from DCBA member businesses, and to provide security at downtown events. She said AGPP was paid through fundraising efforts like the DCBA's Beautiful, Clean and Safe campaign. �.� Bassett said that, since the PBID rolled out its new Downtown Ambassador program on Nov. 17, the DCBA will no Ionger be using AGPP for on-call services, and she's uncertain if the association will continue to employ r thein for event security. She said the DCBA has been happy with the company's service, but is making the transition partly because of concerns about the safety of employing armed guards downtown brought up during z the formation of the PBID. T Regarding the city's contract, Stone said, "I knew [the '> city was] doing some work with[AGPP], but my understanding was it was extremely limited. I'm ' uncomfortable with the ongoing relationship to this extent, but I'm not surprised. [The City Council] didn't ` grant this authority, but when you give that general authority, mission creep can occur." Tyler Rushing's parents,Scott and Paula,of Ventura, By mission creep, Stone was referring to contractors question many of the details of their sons death on July 23,including whether the private security guard being hired to perform certain duties, with the cost and who shot him on the back patio of a Main Street services increasing over time. business overstepped his bounds. PHOTO BY KEN SMITH "For an organization this caustic to public perception, given the nature of armed guards, I would Iike to have been able to have a piece of this conversation beforehand." Attempts to interview CPD Chief Mike O'Brien and City Manager Mark Orme individually about details of the contract and the city's relationship with AGPP resulted in Orme arranging an Oct. 11 interview with both men on the third floor of City Hall. Also present were Public Works Department administrators Erik Gustafson and Linda Herman, as the current security contract is overseen by that department. "We've had security for a long time, as long as I've been here at least, and I've [been working for the city for] 21 years,"said Herman, parks and natural resources manager. She explained the city historically maintained a contract to provide unarmed security at the Chico Municipal Airport and the Amtrak depot when trains arrive and depart in the early morning. She said guards have been used some years to lock and unlock park gates. Previous contracts also covered on-call provision of armed services when needed to assist the Transportation Security Administration at the airport, and to secure crime scenes and guard prisoners during hospitalization or transport for Chico police. However, analysis of security contracts obtained through public records requests and accounts payable data available on the city's website dating back to 2003 show that Councilman Stone's description of "mission creep" is fitting. Security was provided by Elite Universal Security under contract from 2003- 2009, and that company continued to provide varying degrees of service without an executed contract until the start of AGPP's contract in February 2015. Though the cost of past services some years was close to that of the current amount(see chart), the AGPP agreement is for exclusively armed services. AGPP's initial contract called for annual renewals, but was amended last year to extend through 2020. Payment for the current contract comes from multiple funds, all of which fall under oversight of the Public Works Department. The average monthly payments, according to a February 2016 purchase order 12/3/2017 https:l/www.nowsreview.comichicolPrintFriendly?oid=25433447 provided by the city, are as follows: $2,469 from Parks, $1,976 from Transportation, $629 from Municipal Buildings Maintenance(split between building/facilities management and Stansbury Home security funds) and$370 from parking revenue. Payments from city documents show the CPD has used on-call services sparingly,having last availed of AGPP's services—to guard a prisoner—in February 2015. The last commercial flight left the Chico Municipal Airport in December 2014, alleviating the need for the city to provide guard services there. While it seems the city could save money by dialing back on its security contract, city officials said the opposite is true. "It's a cost-saving measure for us, from a staffing perspective,"said Gustafson, operations and The coast of security maintenance manager for public works. "Otherwise we'd s„OW;... have to have to staff 24/7. They're closing park gates at 10 p.m.,restrooms at 9 p.m. We'd have to provide that ,,, staffing otherwise." ,,,, t Orme said the contract was reviewed by several department managers, city staff and O'Brien, who all signed off. Asked why such a sizable—and controversial —contract wasn't brought to the attention of the City The city of Chico has long used private security for Council and the public, Orme said that isn't necessary for various purposes.The majority of services were contracts included in the normal budgetary process. The provided unarmed by)Elite Universal Security until AGPP contract is listed as a line item in the city's budget, the city's current contract with Armed Guard Private though it's understandable how even the most avid Protection was signed in February 2015.That contract watchdogs would have missed it. calls for exclusively armed guard service at more city properties than earlier agreements.On-call armed services were previously reserved to assist the "It's just under `contractual services,"' Herman said. Transportation Security Administration at the Chico Airport and for limited duties for the Chico Police Asked why the city switched to solely armed security, Department.Shown here are the total amounts the city Orme said AGPP was the lowest bidder and that the paid for security service from 2004 to 2016,as company said it would be difficult to provide some reported in accounts payable data available on the armed and some unarmed services. city's website.CHART BY SANDY PETERS "We didn't mandate that they carry weapons; that's a part of their corporate culture,"Orme said. "1 think that dynamic is very important,because if it was a concern for the public,that should be an industry-wide concern. ... The industry's going in that direction, what are we going to do? Tell them, `Sorry, the industry is wrong; we need to go out and find someone who can do it that costs morel That's kind of ludicrous." AGPP's website says the company provides armed and unarmed security, but when interviewed earlier this month alongside other staff, Adam Stricker, the company's administrative director and co-owner, said it is an"all-armed company."He noted a few exceptions, like lass-prevention jobs at department stores and providing security for OroviIle Dam construction, a state contract that doesn't allow armed service. Stricker,an I1-year veteran of the Marysville and Ferndale police departments, was surprisingly candid, offering comment on the Rushing shooting and other topics. He said AGPP provides services to "well over 241 properties" in Chico alone, as well as in other cities throughout the North State, and that the company contracts with Butte, Sutter, Glenn and Yuba counties to guard prisoners. He said he believes AGPP to be "the largest armed contractor north of Sacramento," employing nearly 50 guards. Stricker expressed regret over Rushing's death, but defended Sanchez, saying he was merely responding to the burglar alarm as per the company's contractual obligation when he was attacked. 12/312017 https://www.newsreview.comichico/PrintFriendly?oid=25433447 Asked if AGPP could provide the bulk of the city of Chico's services unarmed, the company's assistant manager, David Forsythe, said, "Well, it would be a possibility obviously, but there's extra risk involved "The majority of folks out there carry machetes," Stricker interrupted. "Have you noticed that?There's a lot of machetes being carried,knives and machetes." The men went back and forth listing myriad improvised weapons they say are regularly carried by people they interact with, like rocks, spears, railroad spikes and needles. They also said animals, like bears, mountain lions and unleashed dogs, are a safety concern. "I'll give you an example: Bidwell Park ... you ever been up in Bidwell Park about 11 at night?" Stricker asked. "1 encourage you to come along, and then ask yourself, `Do you want to be out here unarmed?"' While city officials downplayed AGPP's duties— °"" especially those related to policing—Stricker repeatedly mentioned the company's close working relationship with law enforcement. Chico Police Chief Mike O'Brien says his department has used armed security for limited purposes in the The city contract charges AGPP guards with providing past,but that it hasn't officially used AGPP's services regular patrols of city properties and"sweeps"while since 2015. locking facilities, which O'Brien agreed"does sound a PHOTO BY KEN SMITH little ominous." He said these duties are mainly to alert park users that gates will be closed, but Gustafson added that AGPP's tasks include contacting illegal campers and those in violation of sit-lie and other ordinances that critics say target homeless individuals. "That's actually a good public service," O'Brien said. "You're maybe sparing someone a citation or a phone call to the police if they're violating some laws. I don't think that's a bad thing, if it's done professionally, of course." Security guards do not have the ability to cite people, and have no more ability to arrest than the average citizen. O'Brien said he could recall only one arrest attributed to AGPP,but added"there are probably more." Stricker said AGPP guards regularly make citizen arrests, but said they try not to do so unless property owners demand it. He said he disagrees with the idea that AGPP guards are "the homeless police,"and said they distribute fliers listing local social services to people needing help. Further fogging the extent of CPD-AGPP cooperation is an AGPP Facebook post from Sept. 2 that includes pictures of members of AGPP's"Special Enforcement Team"doing crowd control in the south campus neighborhood following a Labor Day weekend shooting. "This type of service requires experienced personnel who are trained in party dispersal,"the post reads. "This was a 300-350 person college party,just a half block from a shooting that Chico Police were investigating. We were able to successfully coordinate with the PD and flush the departing college crowd in the opposite direction for crime scene integrity. Happy Clients." O'Brien said the CPD sometimes collaborates with AGPP in situations like the one described, but that such service isn't part of the contract or paid for out of city coffers: "If we're responding to a large party and they happen to be there because they're responding to their client, .meaning the property owner, are FV7 12/3/2017 https:llwww.newsreview.com/chico/PrintFriendly?oid=25433447 we going to use them to help contain something, like if we have a crime scene or something? Certainly," he said. Regarding Rushing's death, O'Brien previously stated (at the Sept. 28 press conference declaring that shooting justified) that Sanchez's gun may have saved his life when he was attacked. He reiterated that sentiment during the meeting at City Hall: "[Sanchez] simply was going into an area where he's responding to broken glass and the alarm; he was attacked by Mr. Rushing [while] simply trying to do his job. Had Mr. Rushing not attacked him with those two sharpened pieces of glass, none of this would've been an issue. That's the bottom line in that particular case, and I want to make sure we're very clear on that," ILi numerous conversations with Rushing's parents, Scott and Paula, since their son's death, the couple raised }. questions about the conduct of security ty guard Sanchez and members of the CPD on that fateful night, as well as about the quality of the official investigation of the 4 �, shooting. In a Nov. 4 email, Scott Rushing said a privately funded investigation is still in progress. V . Among the family's concerns are Sanchez's relationship ' with the CPD. The guard's LinkedIn profile says he's currently involved with the CPD's Volunteers in Police Service (VIPS), and has been since July 2016. During the CN&R's interview with AGPP personnel, Stricker said Sanchez's application for a job in law Butte County District Attorney Mike Ramsey holds up enforcement has been hindered by the Rushing shooting, a replica of the purse-shaped flower pot Rushing used as a weapon against security guard Edgar Sanchez. but didn't specify which agency he was attempting to PHOTO BY KEN SMITH join. Rushing said he feels any relationship with the guard and the CPD should have been referenced in Ramsey's investigation report. The report doesn't name the security guard or AGPP; Ramsey said he chose not to include that information because it is a private company, and security guards are private citizens. The company was named in a CPD press release the day after the shooting, however, and Sanchez' full name was provided to the CN&R by Stricken O'Brien confirmed via email that Sanchez is a member of VIPS, and Ramsey verified that Sanchez had an active application to becorne a prison guard for the state Department of Corrections and Rehabilitation during the shooting investigation. The Rushings say they've consulted law enforcement experts who've said Sanchez overstepped his authority by entering the darkened patio after seeing evidence of a break-in. That conclusion is likely based on an interpretation of security guards' duties, as outlined by the state of California's Bureau.of Security and Investigative Services (BSIS), that state a guard's primary responsibility is to observe;and report. Matt Carroll, vice president of Sacramento-based Paladin Private Security and a state-licensed security guard and firearms instructor, said ambiguity regarding guards' responsibilities, as well as differences in training and problems with BSIS lack of oversight, are rife in the burgeoning security industry_ He looked at the guard's body cam footage and Ramsey's report to give his opinion and said, "objectively,"he believes the guard acted in self-defense according to the law. "On the other side of that coin, and everyone can Monday-morning quarterback any scenario,but are there things I would have liked to see done differently that may or may not have changed the ultimate outcome? Sure,"he said. 12!3!2017 https://www.newsreview.com/chico/Prin[Friendly?oid=25433447 "From an industry standpoint,you would see a lot of private security companies review that footage and say that once evidence of intrusion was afoot, the guard should have backed out, waited for law enforcement to respond and let them proceed with the investigation." Carroll said some of Sanchez' other actions that night are also fuel for debate. Specifically, he said it's unclear if Sanchez identified himself verbally before entering the patio, and he questioned whether Sanchez had training to effectively wield a lethal and nonlethal weapon (his Taser) simultaneously— cowboy-style—as he is seen doing on film after the shot is fired. He also said he's not a supporter of using gun-mounted flashlights. Yet another contentious detail in the guard's body camera footage is a voice heard over the AGPP radio immediately after Sanchez reports having shot Rushing—an exclamation that sounds like, "Baby, we just shot one±" Stricker said he's unsure who is speaking, again citing AGPP's number of employees. Ramsey said he didn't investigate the statement further because it's not completely clear what is said, and he believes it was said in the heat of the moment. In the booming security industry, 40 hours of training enables anyone, with minimal background checks, to become state-certified to carry a loaded weapon in public and carry out some services traditionally reserved for police but for a fraction of their pay (AGPP, for example,hires security guards for$10.50 to $14 hourly, based on experience). Nationwide, on an increasing basis, these guards are acting as first- responders to potentially dangerous, active crime scenes, as private security grows and public services shrink. Stricker best summed up that situation: "I think its unfortunate that the public has to turn to a private entity to get the job done because of whatever reason,"he said,referencing widespread municipal money troubles. "Now does it benefit me? Sure. We're a large armed contractor up here, and we have a lot of properties." He said his original vision for the company was much smaller and simpler,but it grew as clients came to AGPP for help. "Then,pretty soon you have a whole bunch of folks that now are depending on you because they can't get what they want to get out of the police department and what the police department wants to give them. "Something needs to be done, and a lot of folks are turning towards us. And I'm an advocate, as you can tell, for law enforcement,but I gotta be honest with you ... in this day and age, I'll take whoever wants to come to my aid,whether it's a private company or law enforcement or just a good Samaritan, over nobody." -7n 1213/2017 D&B Comprehensive Insight Plus Report:AG PRIVATE PROTECTION,INC. D&B Small Business Comprehensive Insight Plus Deport for D-U-N-S#:06-978-3075 AG PRIVATE PROTECTION.INC. Solutions Report Printed:November 21,2017 Copyright 2004 Dun&Bradstreet—Provided under contract for the exclusive use of subscriber Scott Rushing,Rushing Real Estate Co. ;o��rG,r rr�Sra�sl'io! i�redii.-vcrthrTz_ i?:_nr:• r'Ll fi;lc>> .cam"frr::n_i _ P lic: iiim s ��fi i ;V_-,�J�,_r tions 3rinkinU«Fiit,.�ncE; Company Snapshot i�US!ll�-Iss Slltl"1111at'V Profjle Likelihood this company will not pay on AG PRIVATE PROTECTION,INC. time over the next 12 months i-ilGH 3450 Industrial Dr Unit 1 Yuba City,CA 95993 Credit Score Class:5 Tel:530 751-3303 D-U-N-S#:06-978-3075 Likelihood this company will experience i-1iGri ARMED GUARD PRIVATE PROTECTION financial stress In the next 12 months D&B Rating:— Financial Stress Class:5 coil Ipany Stats Year started 2011 Timeliness of historical payments for this Employees 42 company— Financial condition UNBALANCED D&B PAYDEXO:68 Financial statement date Dec 31,2013 Net worth F $(21,433) Sales F 3937,436 Industry benchmark:Slow Chief Executive Jon Carroll I.Pres 'Based on 13 trade experiences on file with D&B S.I.C. 7381 Industry Detectivelarmored car services Payment performance trend over the past UNCHANGED 90 days This is a single location. The Net worth amount in this section may have been adjusted by D&B to reflect typical deductions•such as certain intangible assets. Evidence of bankruptcy,fraud,or criminal proceedings in the history of this business or its management Noteworthy special events in this company's file ?i" Total number of suits,liens and judgments in this company's file v° Value of open suits,liens and judgments for this company Value of open records refers only to 10 most recent filings for each record type. aFiy Sr3ralsnot red itmurthi,',=s ir' n•si't lisx:r ;x' =;Ei�Ii 'ilii,; srt,n •:_Jrr_,_tlo;'s nauirinc <x}-maned i-----—-- 'I is Creditworthiness -i m it a ry Likelihood this company will i;1Ui i D&S Rating:-- experience financial stress in Formedy:'IR3 the next 12 months The blank rating symbol should not be interpreted as indicating that credit should be denied.It simply means that the information available to D&B does not permh us to classify the company within our rating key Likelihood this company will not and that further enquiry should be made before reaching a decision" pay on time over the next 12 Some reasons for using a%"symbot include:deficit net worth. months bankruptcy proceedings,insufficient payment information.or incomplete history information.For more information,see the D&B Rating Key. Dlo4aU1i 0f1 Payment: Financial Stress ;51.mrna r Likelihood this company will =i;i;i i Key Factors experience financial stress in 13 trade experiences exist for this company" the next 12 months -Financial Stress Score: 1333(high risk!1.001;Iow risk:1,875) 12/3/2017 D&B Comprehensive Insight Plus Report:AG PRIVATE PROTECTION,INC. Financial Stress Class:5 Low proportion of satisfactory payment experiences to total payment experiences. Financial condition is rated unbalanced. Financial stress national percentile: 1 (highest risk:1%;lowest Low Paydex Score. risk.100%) Limited time under present management control National percentile industry norm:52(highest risk: 1%;lowest -High proportion of past due balances to total amount owing. risk: 100%) During the prior year,firms in this Financial Stress Class had a failure rate of 4.7%,which is 9.79 times higher than the national average. Paynient vvithin Tear-w�: C:rECiit. Score Sumi7;�gy Likelihood this company will not HK_,. 1 Key Factors pay on time over the next 12 13 trade experiences exist for this company. months Evidence of negative trade Credit Score Class:5 -Recent amount past due Proportion of slow payment experiences to total number of payment experiences reported The Credit Score class of 5 for this company shows that during Limited time under present management control the previous year,53.1%of the firms with this classification paid one or more bills severely delinquent,which is 5.21 times higher than the national average. Credit score percentile:8(high risk:I%;low risk: 100°/x) Industry norm percentile:43(high risk:1%;low risk:100%) cliJ it;onal initarm aUc)n Financial Stress Summary Credit Score Summary -The Financial Stress Risk Class indicates that this firm shares The Incidence of Delinquent Payment is the percentage or some of the some business and financial characteristics of companies with this classification that were reported 90 other companies with this classification.It does not mean the days past due or more by creditors.The calculation of this firm will necessarily experience financial stress. value is based on an inquiry weighted sample. The probability of failure shows percentage of firms in a given The Percentile ranks this firm relative to other businesses. percentile that discontinue operations with loss to creditors. For example,a firm in the 80th percentile has a lower risk of The average probability of failure is based on businesses in paying in a severely delinquent manner than 791/o of all D&B's database and is provided for comparative purposes. scorabte companies in D&l3's files. The Financial Stress Score Percentile reflects the relative ranking of a company among all storable companies in DNB's file. The Financial Stress Score offers a more precise measure of the level of risk than the Risk Class and Percentile. it is especially helpful to customers using a scorecard approach to determining overall business performance. aiEli3rr_;_. 1 >_r ,_ €r i- u..5-_ Prat iic}_hirr, __'- �x-i ;tions i M.lr3c s,Fipinnce - - 1 Payment History Surruiiary Average payment performance trend UNCHANGED Company's payment performance over the St.OV'v when weighted by dollar amount past 12 months compared with its peers !=ayrneM Histary 0'vervji',w Payment experiences on file with D&S: 13 Average highest credit: $3,644 Payments made within terms: 6(43%) Largest high credit: $10,000 Amount placed for collections: 0(0%) Highest now owing: $10,000 Highest past due: $2,500 Historical Payrrrertt TrF nds: PAYDEX�;L Average payment performance trend when weighted by dollar amount Last 3 months:Trend is unchanged UNCHANGED Last 12 months:17 days beyond terms D&B PAYDEXQ:68 12/3/2017 D&B Comprehensive Insight Plus Report:AG PRIVATE PROTECTION,INC. Industry benchmark:Slow Based on payments collected over last 12 months. Indications of slowness can be the result of dispute over merchandise,skipped invoices,etc.Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed. dist,orical `s'ayfTlBi-li lt't:rlcls: PAY!EX. "Gc�ti,}�vris sii c� irfut.t tty Company's payment performance over the past 12 months compared with its peers This company's 12-month high:73,or equal to 11 days beyond terms This company's 12-month low:67,or equal to 18 days beyond terms 12116 1117 2117 3117 4117 5117 6117 7117 8117 9117 10117 11117 fi2is Ss 1i;iness 67 67 69 67 67 72 72 73 72 72 68 68 inctustry Quardles t,P,j.)e1, 80 80 80 80 wki than 80 BO 80 80 ;_ower 72 72 72 72 Shows PAYDEX scores of this Business compared to the Primary Industry from each of the last four quarters.The Primary Industry is Detectivelar(rtored car services,based on SIC code 7381. r)ayinci1[ €'€islc lry Details Gate Reported Paying Rec.orti F iSP l r=cli! +;Sj NO-Owes(+) F';-:; tale{S, Selling Terrns 1:>.st Sale Within (months) 10117 Prompt 10,000 10,000 250 1 10117 Prompt 10,000 10,000 250 1 10117 10117 10117 10117 09117 09117 07117 Prompt-Slow 30 10,000 10,000 2,500 1 07117 Prompt-Slow 30 10,000 10,000 2,500 1 04117 Prompt 50 1 04117 Prompt 50 1 03117 03117 02117 Prompt-Slow 60 750 0 0 Ne130 6-12 02117 Prompt-Slow 60 750 0 0 Net30 6-12 07116 Prompt 7,500 0 0 6-12 07116 Prompt 7,500 0 0 6-12 07116 (010) 50 Cash account 1 07116 (010) 50 Cash account 1 07116 (011) 50 Cash account 1 07116 (011) 50 Cash account 1 07116 (012) 50 Cash account 1 07116 (012) 50 Cash account 1 05116 (013) 750 Cash account 1 05116 (013) 750 Cash account 1 Payment experiences reflect how bills are met in relation to the terms granted.In some instances payment beyond terms can be the result of dispute over merchandise,skipped invoices,etc. Each experience shown is from a separate supplier.Updated trade expenencos replace those previously reported. Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed. Payn-jee r Alia€ysis By iltdt.!stry Company's dollar-weighted payments listed by the primary industries of its suppliers 12/3/2017 D&B Comprehensive Insight Plus Report:AG PRIVATE PROTECTION,INC. Total Received Total Dollar Largest Within Slo.v 1-30 Slow 31- Slow 61- Slow (#1 Amount r$} High Crr�dil Terms GO 90 91+ $} ("/•,of dollar arnoum) Industry Misc business service 2 17,500 10,000 71 0 0 0 Nonclassified 1 10,000 10,000 100 0 0 0 0 Radiotelephone commun 1 2,500 2,500 0 0 0 0 01. Electric services 1 1,000 1,000 0 0 0 Ret stationery 1 750 750 50 0 0 0 Misc publishing 1 500 500 0 0 ;,rl 0 0 Telephone communictns 1 500 500 0 0 0 Lithographic printing 1 50 50 100 0 0 0 0 Other payment categories Cash experiences 4 900 750 Payment record unknown 0 0 0 Unfavorable comments 0 0 0 Placed for collection With D&B 0 0 0 Other 0 NIA 0 Total in D&B's file 13 33,700 10,000 Industry Misc business service 2 17,500 10,000 71 0 0 0 Nonclassified 1 10,000 10,000 100 0 0 0 0 Radiotelephone commun 1 2,500 2,500 0 0 0 0 Electric services 1 1,000 1,000 0 0 0 Ret stationery 1 750 750 50 0 0 p Misc publishing 1 500 500 0 0 0 0 Telephone communictns 1 500 500 0 0 0 Lithographic printing 1 50 50 100 0 0 0 0 Other payment categories Cash experiences 4 900 750 Payment record unknown 0 0 0 Unfavorable comments 0 0 0 Placed for collection With D&B 0 0 0 Other 0 NIA 0 Total in D&O's file 13 33,700 10,000 There are 13 payment experiences in D&B's file for the most recent 12 months,with 4 experiences reported during the last three month period. Gornn"3+Sr rsnoE C;ic:dit;orihin<ass PIgnf-nl h,iitiio,. I. '3 ''.-bhc—._iir_ns LJlstor%'S Finimnr Public Filings ksi- unary of Court A—tions The following data includes both open and closed filings found in D&B's database on the subject company. REcorci Typo Opon Rpcnrdrs npr;f� `Jflll�' l'r,al Recn(r',s Llos, Recent Filing Date Suits 0 0 0 Liens 0 0 0 Judgments 0 0 0 UCC Filings NIA 3 03/03/2017 Bankruptcy Proceedings 0 NIA 0 Public filing data is for informational purposes only and is not the official record.Certified copies can only by obtained from the official source. Number and value of open records refers only to 10 most recent filings for each record type. 1213/2017 D&B Comprehensive Insight Plus Report:AG PRIVATE PROTECTION,INC. "s Typo soc.P;:Trty ,Date Filed Additionai Details i f--pj 1Y C"A vf0lj D"PY )F ZWUf" j i! loaf- Fodi!It" A I i -;;Vl—! A i f N f 1r J..; is F i S C-.n:I v(:(i: 14 The public record items contained in this report may have been paid,terminated,vacated or released prior to the dale this report was printed.Any public filings displayed in red are open. Goverrin-lent Activity /,Ct;V1ZY SUM111al'V P)SC WIQ C�andid;;TP I'm So-'I-io--Econoinic pi-19ram Borrower(Dir/Guar) No Cajlsiciorniorl Administrative Debt No Labor Surplus Area Yes(2017) Contractor No Small Business Yes(2016) Grantee Na Party Excluded from Federal Program(s) No 8(A)Firm NIA The details provided in the Government Activity section are as reported to D&B by the federal government and other sources. PoNjc;i,ihnf�s 1�. -Lr - -iiianc !L azion, LLjjL1_q 8 i� History & Operations Topic History Detailed information an the history of a company,including background information on the management team and key principals,and information on related companies. Company Detailed information on a company's operations,including the identity of the parent company,the geographic scope Operations of the business,and the key holdings. Industry Details on the specific industry within which a company is classified. Classification F-4,J-s W ry Officer(s): Director(s): JON CARROLL,PRES THE OFFICER(S) ADAM STRICKER,V PRES The California Secretary of State's business registrations file showed that AG Private Protection,Inc.was registered as a Corporation on December 09,2014. Business started 2011.51%of capital stock is owned by Jon Carroll.49%of capital stock is owned by Adam Stricker, JON CARROLL born 1969.Present active here 2011-Police Officer for Police Department in CA from 2001-2012. ADAM STRICKER.Antecedents are unknown. 00n-.Party operatio'ns 1213/2017 D&B Comprehensive Insight Plus Report:AG PRIVATE PROTECTION,INC. Description: Provides detective,guard or armored car services,specializing in guard services,protective services and security guard services(100%). Ali sales cash.Terms are Net 30 days.Sells to general public and commercial concerns.Territory:Regional. Employees: 42 which includes officer(s)and 36 part-time. Facilities: Rents 1,600 sq.ft.in a two story building. Location: Industrial section on side street. i"dLiStry Class 0ication Sic INAICS r su 10100 Guard services 561612 Security Guards and Patrol Services 10104 Protective services,guard 561612 Security Guards and Patrol Services i 105 Security guard service 561612 Security Guards and Patrol Services Based on information in our file,D&B has assigned Ih#s company an extended 8-&git SIC.MS's use of 8-digit SICs enables us to be more specific to a company's operations than if we use the standard 4-digit code. The 4-digit SIC numbers link to the description on the Occupational Safety&Health Administration(OSHA)Web site.Links open in a new browser window. ==rn,o i,i: .,na,sriol rerl;iejoriiiu; :Ty --------------_ii_ i,i___lu, q,,r huil} _-;ith iu l_nnancc: Banking & Finance Key Business R-aflos Statement date: Dec 31 2013 Industry Norms based on 26 establishments This skisine'ss k;iduf!try Median lndust.�-Quartile Profitability Return on Sales (0.1) 2.5 4 Return on Net Worth (-) 22.7 4 Short-Term Solvency Current Ratio 0.0 1.9 4 Quick Ratio 0.0 1.6 4 Efficiency Assets Sales 4.2 22.0 1 Sales 1 Net Working Capital (15.8) 13.1 4 Utilization Total Liabilities 1 Net Worth (-) 987 4 {-}=Ratio not calculated due to negative number Filraii-•G 03/02/2015 Two-year statement comparative: i=iscai Dec '1 20'i2 Fiscal Dec 31 2,0'13 Current Assets 20,312 1,500 Current Liabs 60,898 60,853 Current Ratio 0.33 0.02 Working Capital (40,586) (59,353) Other Assets 28,800 37,920 Net Worth (11,786) (21,433) Sales 375,999 937,436 Long Term Liab 0 Net Profit(Loss) (647) Fiscal statement dated DEC 312013: 12!312017 D&B Comprehensive Insight Plus Report:AG PRIVATE PROTECTION,INC- A-s se'.-- Liabi#itio!s Cash 1,500 Accts pay 37,853 Loans&adv-print 23,000 Current Assets $1,500 Current Liabilities $60,853 N Fixt&equip 37,920 et worth (21,433) Total Assets $39,420 Total Liabilities $39,420 From.IAN 01 2013 to DEC 31 2013 annual sales$937,436.Operating expenses$938,083.(net loss)$647. Submitted FEB 26 2Q15 by Jon Carroll,co-founderlpres.Extent of audit,if any,not indicated. On March 02,2015,the financial information was updated. irni,<arav Sha s`iot QedibvortLli�- ss f'avm'�nt I iiacxy t,.:Erer cis f?Li?)lic Himr, Histo Harakiri( &Fmw co Need help? Call CuStorner Service at(800) 932-0025, Monday through Friday, 8:00 AM to 6:00 PM Local til Time. Copyright 2004 Dun&Bradstreet--Provided under contract for the exclusive use of subscriber Scott Rushing,Rushing Real Estate Co. Chico Police OIS July 23, 2017 Page 15 taken. This person told investigators, based on his extensive street experience,Mr. Rushing was under the influence of some psychedelic drug at the time of his conversation with him and was very"high."This person described Mr. Rushing as very animated and aggressive in his desire to help others, but noted the aggressiveness was not harmful or confrontational,just overly intense. This person noted in his work with young people who are high, he tries to "get them to land." However, Mr. Rushing did not express a desire to land, but wanted to learn how to get a more intense"high". This person eventually knew he was not going to be able to help Mr. Rushing and they parted ways. As noted above, the last time Mr. Rushing was spotted on Sunday (outside the Mid Valley Title Company) was in the alleyway behind the Discovery Shoppe where he was spotted by neighbors watching from their residences as he took items from the donation bins and put there in a back pack he had. The neighbors became concerned when they saw him making what appeared to be "spears"out of what they described as curtain rods and also sharping a wooden stick. They called the Chico Police dispatch center about 8:23 p.m. that rdght and continued to watch him construct his spears, including one with a curved hook. One of the neighbors took a cell phone photo of Mr. Rushing showing him to be wearing the same clothing he would later have on inside the Mid Valley Title Company and working on one of the spears. When investigators went back to the alleyway after the shooting they found a shopping cart with recyclables and a number of miscellaneous items including loose pages from a journal written by Mr. Rushing describing some of his frustrations about having his belongings stolen at the musical festivaI."'The spears seen in the neighbor's photo and seen by Officer Fliehr when he initially responded to the alleyway were found inside the Mid Valley Title Company and can be seen in officer body camera videos in the hallway running outside of the bathrooms on the east side of the building. Officer Fliehr also identified those spears in the hallway as the spears he saw in the hands of the subject who fled the alleyway. Of note, the longer spear, made of PVC pipe and a shovel handle, had a detachable railroad spike concealed in the upper portion of the handle. CONCLUSIONS Regardless of the current lack of evidence of drugs 21 in Mr. Rushing's system, investigators believe Mr. Rushing was under the influence of an undetected drug(s) given the altered state of reality demonstrated by his behavior on Sunday,July 23. As:noted previously the bizarre,violent behavior and extraordinary strength and endurance shown.by Mr. Rushing inside the Mid Valley Title Company was entirely out of his normal character. The persons interacting with Mr. Rushing in Chico since Thursday, July 20, found him odd and eccentric, but not violent. On Sunday,his persona did seem to change, with persons at the church finding him"extremely 20 The journal handwriting was identified to investigators by his mother. 21 The previously referenced seeds are still undergoing identifientinn efforts by the FRI and Rorneland Security. Chico Police OIS July 23, 2017 Page 16 high" and aggressively spiritual. This seemed to continue to morph to the point that by Sunday evening he was seen in the Discovery Shoppe alleyway manufacturing weapons. Evidence of his activities inside the Mid Valley Title Company prior to his being shot by the security sergeant point to an unhinged mind. After breaking through the window at the southeast corner of the building, possibly using one of the spears, it appeared he cut his right hand and was bleeding slightly. Mr. Rushing moved through much of the southern half of the building without tripping the motion alarm by inadvertently remaining just tinder its sensor range. He"staged"a great number of boxes and bags throughout the south end of the building. These stashes of property consisted of random miscellaneous items, including office supplies, 3 ring binders, deeds, food items, recyclables,plants, pots, etc. Yet he left leaving behind cash in drawers he had opened. He committed strange acts of vandalism, including breaking a coffee cup to cut up a couch inside the employee breakroom, and drawing a peace sign and a heart in blood on the side of a filing cabinet. He remained inside the building while the building security alarm loudly buzzed for at least of total of eight minutes—well before the security sergeant arrived in the patio.22 While most burglars would have fled at the first sounding of an alarm,he continued to move through the building, including stacking up food items and recyclables outside on the patio, which required several trips in and out of the building. The violent and unprovoked sneak attack on the security sergeant was an example of violent frame of mind. After the security guard shot him, Mr. Rushing's bizarre behavior was even more pronounced. A trail of blood was found which led from the patio through the employee breakroom into the hallway outside and to the east side set of double glass doors. Evidence was found showing he attempted to go out those doors by kicking at the bottom of the outside set of doors---which left extensive blood spattering on the glass, handles and broken trim on the doors. Once he failed to get out those locked doors,he turned around and smeared his blood in an extensive "fingerpainting"style on the inside glass door. Near those doors,there is a water cooler upon which he bled extensively and painted, in blood, a plus sign. No other sign of extensive bleeding was found elsewhere in the building, which led to the conclusion he went directly from his failed attempt to get out the east doors to the bathroom. Once inside the bathroom, he trashed it,throwing employee personal items around and, most bizarrely, carefully making five distinct bloody handprints in a display on the south wall. He also stuffed toilet paper down the toilet and the sink in an attempt to overflow them—finally breaking off the water pipe under the sink and taking off the lid to the toilet's water tank, breaking it and pulling out the internal toilet fill tube. Of note,he did take the plastic trash bag liner from a trash receptacle inside the bathroom and placed it on his chest wound and fashioned a pressure bandage with his shirt and a ladies makeup bag strap to hold the plastic liner in place. This would have allowed some relief from his 22 When he finally tripped the southeast motion detector at 10:37 p.m.,the alarm would have sounded for four minutes until 10:41 p.m. when he tripped the employee brea:kroom motion detector at 10:42 p.m.,the alarm would Chico Police OIS July 23, 2017 Page 17 "sucking chest wound"but the pain and debilitating nature of the wound would still have been extraordinary—leading to the conclusion that some sort of masking drug was active in his body. The personality known as Tyler"Tyger"Rushing to family and friends was not in the Mid Valley Title Company the night of the shooting. Instead officers faced an unknown angry, dangerous and wounded subject who had broken into a business and viciously attacked a responding security sergeant,whose uniform mimicked their own; who had been shot and was bizarrely finger-painting in his own blood; who profanely told officers when they first entered the building that he had a gun; and who, despite his cries of pain from the bathroom, refused to come out for medical aid and flooded the bathroom. Officers showed patience and restraint in attempting to wait out the subject in the bathroom, but as his blood seeped out from under the door—evidence that he was most likely dying—their subsequent actions were driven by the circumstances rather than any desire to rapidly end their wait. Unfortunately the result was not what the officers wanted despite their attempt to initially use the less lethal methods of the ballistic shield,the K-9 dog, beanbag shotgun and their own hands. As noted above,a finding of criminal liability on the part of the security sergeant and Chico Police Sgt. Ruppel could only be found if there was proof beyond a reasonable doubt that the two men's beliefs they were endangered by the Mid Valley burglar were unreasonable. Given the burglar's violent assaultive actions towards the security sergeant,his announcement that he had a gun, and his use of unconventional weapons to actually injure the police officers (including narrowly missing Sgt. Ruppel's carotid artery) any conclusion that their belief of imminent great bodily harm was unreasonable would not be sustainable. As always I thank the Butte County Officer Involved Shooting/Critical Incident Protocol Team for their excellent,professional and unbiased investigation into this case. Yours very truly, Michael L. Ramsey District Attorney cc: Butte County Officer Involved Shooting/Critical Incident Protocol Team