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Sacramento’s Investigative Services Unit of California State Prison, Sacramento is investigating the death of an inmate person who was fatally shot by a correctional officer as he was attacking another inmate, according to the Department of Corrections and Rehabilitation.

According to documents from the  California Department of corrections, Monday, correctional staff observed Mario Rushing and another individual in an altercation Monday evening. Rushing was observed choking the other person. Staff responded, first issuing verbal orders to stop and get down, which were ignored, according to the news release. Officers then used chemical agents and less-lethal measures, which had no effect. When the other man appeared to lose consciousness and go limp, an officer fired his Mini-14 rifle.

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Staff initiated life-saving measures and summoned emergency services. Rushing, 46, was transported to an outside hospital and at 7:07 p.m. was pronounced deceased. The other incarcerated person was treated at an on-site medical facility. There were no other injuries. An inmate-manufactured weapon was recovered at the scene, the news release stated.

The officer who deployed the Mini-14 round was placed on administrative leave, consistent with CDCR policy, according to the report.  The officer’s name is being withheld due to the ongoing investigation.

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Prison records show that Rushing was sentenced on Sept. 19, 1996, in San Diego County to life with the possibility of parole for first-degree murder, voluntary manslaughter with an enhancement of terminate pregnancy and arson of structure or forest fire. While he was incarcerated, he was sentenced in Amador County on March 25, 2022, to two years for possession of a manufactured deadly weapon by a prisoner.