Modesto store owner urged suspect to surrender before fatal shooting by police, he says
Brian Sherwood said he counted 100-plus bullet holes at his business Tuesday, the scene of a fatal shooting by police the day before.
He owns Max Muscle Sports Nutrition on Dale Road, where police shot Jimmy Lee Rupe while trying to arrest him on multiple warrants.
Sherwood told The Modesto Bee that Rupe had been a frequent customer before his fateful visit around 1 p.m. March 17. The owner said two police officers arrived and said they had received a tip that Rupe was there. He had warrants on cases involving lewd acts with a child and firearms, the Modesto Police Department said in a news release Tuesday.
Sherwood said Rupe had gone to the rear of the business and suggested that the officers call for backup before confronting him. Employees and customers evacuated Max Muscle and the adjoining Velvet Grill & Creamery.
Sherwood said he phoned Rupe to urge him to surrender, to no avail. “He made it clear he wasn’t coming out,” Sherwood said, “and so I told the cops he’s not coming out and he’s not going quietly.”
Sherwood said he believes Rupe was in a restroom at the business when he was fatally shot. MPD has not disclosed how many rounds were fired, how many officers were involved or whether the suspect returned fire.
Max Muscle provides products and advice on weight loss, bodybuilding and related needs. Sherwood used to be a franchise holder but now owns the site outright. It is part of the complex with Trader Joe’s and across from Vintage Faire Mall.
Sherwood said he was allowed back into his business at about 1:30 a.m. Tuesday and reopened to the public later that day.
MPD evidence technicians had placed a sticker at each bullet hole, showing its width in centimeters. Many were on interior or exterior doors. Others were on signs for the tanning rooms and the spa. One bullet pierced the lid of a jar of supplements. Another shattered a computer screen at the checkout counter.
Rupe, 40, lived in Modesto and was the subject last September of a Stanislaus Area Crime Stoppers post. It said he “is currently wanted for Sexual Crimes Against a Child. His bail is $1,350,000. He could possibly be in the Modesto, Escalon or Everett Washington area.”
MPD did not have an update on the investigation as of noon Wednesday. It said Tuesday that it plans at some point to release video from officers’ body-worn cameras and to provide a community briefing.
This story was originally published March 19, 2025 at 11:45 AM.
