City of Asheville Submitted: March 1, 2018 | Updated: July 30, 2018

Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Information requested:
1) All communications and public documents including email exchanges (APD, DA's Office, City Council Members, the State Bureau of Investigations, and any other public entity), police reports, on-scene officers statements, court and jail records regarding the August 24, 2017 incident where Officer Chris Hickman beats, tazes, and arrests Mr. Johnnie Jermaine Rush.
2) Names of all officers on the scene during the detaining and arrest of Mr. Rush or sent to the scene following the incident
3) Has Officer Chris Hickman attended any of the following trainings (please provide dates and training): De-escalation, Racial Equity Institute training, Implicit Bias training
4) The number of jaywalking tickets written by Officer Chris Hickman in 2017

Status: Government Denied Request

Documents:

Activity:

July 30, 2018 8:39 am
6 years ago

from: Angel Gray <[email protected]>
to: Sunshine Request <[email protected]>
date: Mon, Jul 30, 2018 at 8:39 AM
subject: Request for SBI documents

Dear Sir or Madam:
I am in receipt of your request dated May 4, 2018 submitted to the SBI Human Resources web page requesting copies of documents related to the NC State Bureau of Investigation (NCSBI) investigation into the matter involving Mr. Johnnie Rush on August 24, 2017 in Asheville, NC.

All records responsive to your request would be considered part of the NCSBI criminal investigative file. NCSBI investigative files are considered a “record of criminal investigation” as that term is defined in N.C.G.S. § 132-1.4(b)(1). Thus, NCSBI criminal investigative files are not a public record under the North Carolina Public Records Act and may only be released to the prosecuting attorney or pursuant to a court order. See N.C.G.S. § 132-1.4(a) and News & Observer Publishing Co. v. State ex rel. Starling, 312 N.C. 276, 322 S.E.2d 133 (1984). The N.C. Court of Appeals has held that NCSBI records can only be released by order of a court of competent jurisdiction, to include a request for discovery in civil cases. See Gannett Pacific Corp. v. NCSBI, 164 NC App 154, 595 SE 2d 162 (2004).

If you have any questions, or wish to pursue an appropriate protective order allowing the NCSBI to release a copy of its file, please do not hesitate to contact me at (919) 662-4500.

Angel E. Gray
Angel E. Gray
General Counsel
N.C. State Bureau of Investigation
3320 Garner Road
Raleigh, NC 27610
919-662-4500 (Main #)
919-662-4523 (Fax #)
[email protected]

Status: Response Received from Government
July 28, 2018 3:00 pm
6 years ago

Sat, Jul 28, 2018 at 3:00 PM

Hi Sarah,

Just wanted to check whether there has been any update from the City Attorney’s Office as to the status of this request?

Thank you for your assistance.
Have a great day!

Sunshine Request

Status: Follow up
June 28, 2018 8:32 am
6 years ago

from: NO- REPLY <[email protected]>
to: [email protected]
date: Thu, Jun 28, 2018 at 8:32 AM
subject: Response to request

The District Attorney’s Office received the following request from your website:

Good Afternoon Buncombe Co. and Asheville DA’s offices,

We recently received another new multi-part request via www.sunshinerequest.com for information that may be available in your office. The full request has also been sent to Asheville City Gov. Momentarily, we will also be submitting a portion of the same request to the NCSBI, via the contact form on their website.

Here are the details – Specifically, we’d like to ask for information on Part 1) of the sender’s request:

Subject: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Message: “All communications and public documents including email exchanges (APD, DA’s Office, City Council Members, the State Bureau of Investigations, and any other public entity), police reports, on-scene officers statements, court and jail records regarding the August 24, 2017 incident where Officer Chris Hickman beats, tazes, and arrests Mr. Johnnie Jermaine Rush.”

Thank you for your assistance.
Have a great afternoon!

The response is as follows:

Documents including email exchanges [. . .] , police reports, on-scene officers statements, court and jail records” of a defendant that are in the possession of the DA’s Office are not public records under NCGS 132-1.4 and will not be produced.

Thank you,
District Attorney’s Office

Status: Response Received from Government
June 13, 2018 12:22 pm
6 years ago

from: Sarah Terwilliger <[email protected]>
to: Sunshine Request <[email protected]>
date: Wed, Jun 13, 2018 at 12:22 PM
subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Hello,

Because of the legal issues involved with this request it is currently in the City Attorney’s office for review. Unfortunately, I cannot provide a timeline for completion.

Thank you,
Sarah

Status: Government Processing Request
June 11, 2018 3:11 pm
6 years ago

from: Sunshine Request <[email protected]>
to: Sarah Terwilliger <[email protected]>
date: Mon, Jun 11, 2018 at 3:11 PM
subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Hey Sarah,

Checking in again – can you please give an estimate on when this will be complete? The request was submitted back in March, it would be great to get this closed out ASAP.

Thank you for all your help!

Sunshine Request

Status: Follow up
June 2, 2018 9:17 am
6 years ago

from: Sarah Terwilliger <[email protected]>
to: Sunshine Request <[email protected]>
date: Sat, Jun 2, 2018 at 9:17 AM
subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Thanks for bringing to my attention; I will follow-up.

Thank you!
Sarah

Sarah Terwilliger
Deputy City Clerk
Interim Public Records Officer
City of Asheville
(828) 259-5839

Status: Government Processing Request
June 1, 2018 12:05 pm
6 years ago

from: Sunshine Request <[email protected]>
to: Sarah Terwilliger <[email protected]>
cc: Ben Fulmer <[email protected]>
date: Fri, Jun 1, 2018 at 12:05 PM
subject: Fwd: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Hi Sarah and Ben,

Sarah – looping you in here on a request we sent on March 1st, 2018. You may find all the details and updates on that request here: https://www.sunshinerequest.com/records_request/information-related-august-24-2017-arrest-use-force-mr-johnnie-rush/

We followed up with Ben a couple times and it is unclear when this request will be completed. We last heard on May 7th that the request was in the legal office undergoing review. We have followed up since then and would like to ask if you can please provide an update as to when you expect this request will be complete, as it has been a couple months since the original send date.

As always, we thank you so much for your time and assistance with these requests!

Have a great afternoon!
Thank you.

Sunshine Request

Status: Follow up
May 10, 2018 2:06 pm
6 years ago

from: Sunshine Request <[email protected]>
to: Benjamin Fulmer <[email protected]>
date: Thu, May 10, 2018 at 2:06 PM
subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Ben,

We appreciate the update! Out of interest for the sender, it’d be awesome if you could please give any info you may have on when you think that this will be completed.

Thank you so much!
Have a great afternoon.

Sunshine Request

Status: Follow up
May 7, 2018 12:14 pm
6 years ago

from: Benjamin Fulmer <[email protected]>
to: Sunshine Request <[email protected]>
date: Mon, May 7, 2018 at 12:14 PM
subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

This request is in our legal office undergoing review.

Thanks,

Ben Fulmer

Status: Government Processing Request
May 4, 2018 3:23 pm
6 years ago

from: Sunshine Request <[email protected]>
to: Benjamin Fulmer <[email protected]>
date: Fri, May 4, 2018 at 3:23 PM
subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Hi Ben,

Just want to check in on this status this request again and ask whether there is any update.

Thank you for your help!

Sunshine Request

Status: Follow up
May 4, 2018 3:13 pm
6 years ago

NCSBI Follow up – Fri. May 04, 2018 3:13pm

Submitted via Contact form at http://www.ncsbi.gov/Contact-Us
Name: Sunshine Request
Email address: [email protected]
Select a Recipient: SBI Human Resources
Questions or Comments:

Good Afternoon NCSBI,

On Mar. 10, 2018, around 12:00pm. We submitted an email to NC State Bureau of Investigation via the contact form at http://www.ncsbi.gov/Contact-Us. See original message below.

We have not received any confirmation or follow up to indicate that this request was ever received. Please let us know if you have any questions, and wether the request is being processed. Thank you!

“Good Afternoon NCSBI,

I work for a website called Sunshine Request www.sunshinerequest.com in Asheville, NC. We built a site that makes it easier to make public records requests by filling out a simple form, and the results of any requests are posted on our site. This allows citizens to learn more about our local government, while saving staff from having to fulfill duplicate requests. If you have any questions about the project, please let me know, and I’ll be happy to answer.

We recently received a request for information that may be available in your office.

We’ve also sent the relevant parts of the full request to Asheville City Gov, Buncombe County Gov., Buncombe County DA, and Buncombe County Superior Clerk of Court.

Here are some details sent by the requester – Specifically, we’d like to ask for information on Part 1) of the sender’s request:

Subject: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Message: “1) All communications and public documents including email exchanges (APD, DA’s Office, City Council Members, the State Bureau of Investigations, and any other public entity), police reports, on-scene officers statements, court and jail records regarding the August 24, 2017 incident where Officer Chris Hickman beats, tazes, and arrests Mr. Johnnie Jermaine Rush.”

Thank you for your assistance.
Have a great afternoon!

Sunshine Request”

Status: Follow up
May 4, 2018 1:47 pm
6 years ago

from: Sunshine Request <[email protected]>
to: “Williams, Todd M.” <[email protected]>,”Cogburn, Steven D.” <[email protected]>, “Michael C. Frue” <[email protected]>, “Kassi L. Day” <[email protected]>
date: Fri, May 4, 2018 at 3:03 PM

Hil All,

Sorry for any Confusion –

Steven, thank you for your reply.

We sent this follow up email to all CCed here (Buncome County) in error.

This information has already been received by the City of Asheville, and they are processing the request. We also emailed the NC State Bureau of Investigation back in March and haven’t received a reply. These are the two entities we will be following up with.

Thank you!

Sunshine Request

from: Cogburn, Steven D. <[email protected]>
to: Sunshine Request <[email protected]>
date: Fri, May 4, 2018 at 2:27 PM
subject: RE: Records request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

The only material in the clerk’s office would be the criminal court files regarding Mr. Hickman. These are available for inspection and copying during normal business hours.

Steven Cogburn
Clerk of Superior Court
Buncombe County
North Carolina Judicial Branch
O 828-259-3400
F 828-259-3401

from: Sunshine Request <[email protected]>
to: “Williams, Todd M.” <[email protected]>, “Cogburn, Steven D.” <[email protected]>, “Michael C. Frue” <[email protected]>, “Kassi L. Day” <[email protected]>
date: Fri, May 4, 2018 at 1:47 PM
subject: Re: Records request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Hi all,

Just wanted to follow up on the status of this request.

Thank you!

Sunshine Request

Status: Response Received from Government
April 20, 2018 10:29 am
6 years ago

Ben,

Thanks for your help!

We appreciate it.

Sunshine Request

from: Benjamin Fulmer <[email protected]>
to: Sunshine Request <[email protected]>
date: Fri, Apr 20, 2018 at 10:29 AM
subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

This one is still in the works.

Ben Fulmer

Status: Government Processing Request
April 19, 2018 11:28 am
6 years ago

Hi Ben,

Thanks again for your help!

We understand it takes some time to format the request – Just want to check in and ask whether there’s any update to report on the status of the request?

Have a great afternoon!

Sunshine Request

Status: Follow up
April 4, 2018 1:56 pm
6 years ago

from: Sunshine Request <[email protected]>
to: Benjamin Fulmer <[email protected]>
date: Wed, Apr 4, 2018 at 1:56 PM
subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Ben,

Thank you for your work on this.

Have a good afternoon!

Sunshine Request

Status: Government Processing Request
April 2, 2018 10:34 am
6 years ago

from: Benjamin Fulmer <[email protected]>
to: Sunshine Request <[email protected]>
date: Mon, Apr 2, 2018 at 10:34 AM
subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Hello Sunshine,

To your first point yes I stop at the date that I receive the request unless otherwise specified so March 1st is accurate.

On the second point, we archive all emails we have received including emails from outside sources. However, in accordance with the law, we remove what is not public record. I can tell you that most of the exemptions were under GS 160-168 Personnel File, attorney-client privilege GS 132-1.1, and GS 132-1.4 Criminal Investigation exemptions.

We will work on your updated request but may take some time with the formatting requests.

Ben Fulmer

Public Records Officer
City of Asheville
City Clerk’s Office
(828) 259-5631

Status: Clarification Provided
March 28, 2018 3:52 pm
6 years ago

Automatic reply Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush
Ben Fulmer reported 12 minutes ago (Wed, 28 Mar at 3:52 PM) via Email
To: [email protected]

I am currently out of the office and will return Monday. For immediate concerns contact Sarah Terwilliger at [email protected]

—
Ben Fulmer

Status: Clarification Requested
March 28, 2018 3:52 pm
6 years ago

from: Sunshine Request <[email protected]>
to: Benjamin Fulmer <[email protected]>
date: Wed, Mar 28, 2018 at 3:52 PM
subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Hi Ben,

Thank you for providing these emails.

Can you please clarify the date range for which these emails are provided – I assume this is through March 1st?

Also, was this query conducted on all of the sources listed under the City’s purview (APD, DA’s Office, City Council Members, the State Bureau of Investigations, and any other public entity)? I noticed the emails we received from you are all from within APD, and in particular, I find it surprising that there were no emails sent to or received from members of Council in this query.

In addition to those clarifications, I would like to submit a follow up request on the sender’s behalf, for the same query, with the date range running through today, March 28th, or the date that the query is conducted, whichever is later.

Also, while I understand that there are some legal concerns regarding this request, I would appreciate more information on any emails that are excluded for legal reasons. It would be ideal to receive the date, subject, to and from address of such an email, even if the content of the email is redacted for legal reasons.

Thank you,

Patrick Conant
[email protected]
PRC Applications
www.prcapps.com

Status: Clarification Requested
March 28, 2018 2:03 pm
6 years ago

Hello Sunshine,

At the link you will find what we are legally able to provide for the email portion of this request.

https://drive.google.com/drive/folders/1ihx-wQw0hqXm00VzUgaHa6Sy8Mn_lfdd?usp=sharing

—

Ben Fulmer
Public Records Officer
City of Asheville
City Clerk’s Office
(828) 259-5631

**Editor’s Note: You may also access the referenced files at top left in “Documents”.

Status: Response Received from Government
March 27, 2018 12:59 pm
6 years ago

from: Benjamin Fulmer <[email protected]>
to: Sunshine Request <[email protected]>
date: Tue, 27 Mar at 12:59 PM
subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

I am currently out of the office and will return Wednesday. For immediate concerns contact Sarah Terwilliger at [email protected]

Ben Fulmer
Public Records Officer
City of Asheville
City Clerk’s Office
(828) 259-5631

Status: Sent to Government
March 27, 2018 12:59 pm
6 years ago

Hi Ben,

Just want to check in quickly and ask whether there has been any update to this request.

Thank you for your time.
Have a great day!

Sunshine Request

Status: Follow up
March 10, 2018 11:58 am
6 years ago

12:08pm. Editor’s note: Email submitted to NC State Bureau of Investigation via contact form at http://www.ncsbi.gov/Contact-Us

“Good Afternoon NCSBI,

I work for a website called Sunshine Request www.sunshinerequest.com in Asheville, NC. We built a site that makes it easier to make public records requests by filling out a simple form, and the results of any requests are posted on our site. This allows citizens to learn more about our local government, while saving staff from having to fulfill duplicate requests. If you have any questions about the project, please let me know, and I’ll be happy to answer.

We recently received a request for information that may be available in your office.

We’ve also sent the relevant parts of the full request to Asheville City Gov, Buncombe County Gov., Buncombe County DA, and Buncombe County Superior Clerk of Court.

Here are some details sent by the requester – Specifically, we’d like to ask for information on Part 1) of the sender’s request:

Subject: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Message: “1) All communications and public documents including email exchanges (APD, DA’s Office, City Council Members, the State Bureau of Investigations, and any other public entity), police reports, on-scene officers statements, court and jail records regarding the August 24, 2017 incident where Officer Chris Hickman beats, tazes, and arrests Mr. Johnnie Jermaine Rush.”

Thank you for your assistance.
Have a great afternoon!

Sunshine Request”

from: Sunshine Request <[email protected]>
to: “Williams, Todd M.” <[email protected]>,”Cogburn, Steven D.”
<[email protected]>, “Michael C. Frue” <[email protected]>, “Kassi L. Day” <[email protected]>
date: Sat, Mar 10, 2018 at 11:58 AM
subject: Records request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Good Afternoon Buncombe Co. and Asheville DA’s offices,

We recently received another new multi-part request via www.sunshinerequest.com for information that may be available in your office. The full request has also been sent to Asheville City Gov. Momentarily, we will also be submitting a portion of the same request to the NCSBI, via the contact form on their website.

Here are the details – Specifically, we’d like to ask for information on Part 1) of the sender’s request:

Subject: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Message: “All communications and public documents including email exchanges (APD, DA’s Office, City Council Members, the State Bureau of Investigations, and any other public entity), police reports, on-scene officers statements, court and jail records regarding the August 24, 2017 incident where Officer Chris Hickman beats, tazes, and arrests Mr. Johnnie Jermaine Rush.”

Thank you for your assistance.
Have a great afternoon!

Sunshine Request

Status: Sent to Government
March 7, 2018 1:09 pm
6 years ago

**Editor’s Note: This email reply addresses items # 2, 3, and 4 requested (see above).

from: Benjamin Fulmer <[email protected]>
to: Sunshine Request <[email protected]>
cc: Christina Hallingse <[email protected]>
date: Wed, Mar 7, 2018 at 1:09 PM
subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Hello Sunshine,

Here are the responses to this request. Please note we are still working on compiling emails.

2. Officer Justin Burns, Officer Luis Delgado, Senior Police Officer Nathan Dietiker, Officer Josh Gibson, former Senior Police Officer Christopher Hickman, Senior Police Officer Heavan Leigh, Senior Police Officer Shawn Parker, Officer Verino Ruggiero, Lt. Charles Sams, Sgt. Lisa Taube and Senior Police Officer Douglas Williams
3. Personnel training records are not subject to public record request pursuant to NCGS 160A-168.
4. During calendar year 2017 the Asheville Police Department issued no citations for jaywalking.

Thanks,

Ben Fulmer

Status: Response Received from Government
March 5, 2018 12:08 pm
6 years ago

** Editor’s Note: Mentioned in a reply to another request (WLOS ABC 13 – Stony Gonce Article), we also received confirmation that this request has been received by AVL gov, and is being processed.

Status: Government Processing Request
March 1, 2018 4:16 pm
6 years ago

Hi Ben,

One edit I just noticed –

Where the requester writes “3) Has Officer Chris Rush attended any of the following trainings”, please note that the request should actually say “Officer Chris Hickman”.

Thank you!

Sunshine Request

Status: Government Processing Request
March 1, 2018 2:35 pm
6 years ago

3:20pm

Will do. Thanks Ben!

Have a good evening!

Sunshine Request

from: Benjamin Fulmer <[email protected]>
to: Sunshine Request <[email protected]>
date: Thu, Mar 1, 2018 at 2:35 PM
subject: Re: [Public Records Request] Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

We have this request, I encourage your users to seek out statements made by the city and APD for more information.

Thanks,

Ben Fulmer

Status: Government Processing Request
March 1, 2018 12:50 pm
6 years ago

from: Sunshine Request <[email protected]>
to: City of Asheville Public Records Request <[email protected]>
date: Thu, Mar 1, 2018 at 12:50 PM
subject: Records Request: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Good Afternoon City of Asheville,

We just received another request for information that may be available in your office via www.sunshinerequest.com.

Here are the details of the request:

Subject: Information related to the August 24, 2017 arrest and use of force against Mr. Johnnie Rush

Message: “Information requested:

1) All communications and public documents including email exchanges (APD, DA’s Office, City Council Members, the State Bureau of Investigations, and any other public entity), police reports, on-scene officers statements, court and jail records regarding the August 24, 2017 incident where Officer Chris Hickman beats, tazes, and arrests Mr. Johnnie Jermaine Rush.

2) Names of all officers on the scene during the detaining and arrest of Mr. Rush or sent to the scene following the incident

3) Has Officer Chris Rush attended any of the following trainings (please provide dates and training): De-escalation, Racial Equity Institute training, Implicit Bias training

4) The number of jaywalking tickets written by Officer Chris Hickman in 2017”

**Editor’s note: The requestor has filled out a field on our form indicating that this request should also include the time period August 24, 2017 – Mar. 01, 2018.

Thank you for your assistance.
Have a great afternoon!

Sunshine Request

Status: Sent to Government
March 1, 2018 5:27 pm
6 years ago

Submitted to Sunshine Request

Status: Pending