In one document discovered by the Attorney General's Office: “Letter to the Executive Board by Richard C. Davis, Company President" dated July 29, 2002,” possible solutions to the problem were outlined for the Board to consider:
"Possible Solutions
Solution #1) We continue operating as though nothing is wrong until one of our customers is killed or wounded, or Germany , Japan , Dupont, or some other entity exposes the Zylon® problem.
Downfalls) Either a Law Enforcement Officer will be killed wearing one of our vests, or an involuntary exposure will lead to gross exaggeration. In either case, we will be forced to make excuses as to why we didn't recognize and correct the problem. In the eyes of law enforcement we will either be stupid for not knowing, or greedy and uncaring for knowing and not doing anything about it."
Goddard also noted that Armor Holdings established a new warranty program for the ABA Extreme ZX® and instituted an immediate warranty/exchange program. In addition, the Attorney General's Office has been notified of a potential settlement to the class action in Florida .
Arizona law enforcement personnel who use an ABA Xtreme ZX® will need to determine if they qualify to be a member of the class and can benefit from the settlement. The deadline for filing an exclusion and/or objection to the proposed settlement is September 20, 2004 .
Notice the date of the "do we wait until an officer dies" letter that Richard Davis authored.
Keep in mind that some eight months later, on March 14, 2003, Banducci released the following public statement:
"...Second Chance has tested and is continuing to monitor the performance of our vests in actual use. Second Chance has complete confidence in the performance of our armor and continues to stand behind our warranty of performance. Our armor, properly cared for, is safe and reliable."
On June 13, 2003, Officer Zepetella was shot and killed. The shot that killed him was shot that penetrated the Ultima II that he was wearing.
Eleven days later, on June 24, 2003, Officer Limbacher was shot and seriously (perhaps permenantly) injured. The bullet passed through his front vest panel, pierced his lung and his lower bowel before coming to rest next to the major artery near his kidneys.
For months after Zeppetella's and Limbacher's vest failures, SCBA would not admit that either of these vests failed and at times lied about them even being SCBA vests in the first place. For two+ years SBCA's test data (which was NEVER disclosed) was reported by them as “just fine” and then all of a sudden after the well documented and undisputable facts about Zeppetella's and Limbacher's vest failures were made public, Banducci made the following public statement in
November of 2003:
"Over the last 2 years Second Chance has retrieved from the field over 200 ULTIMA® vests from 37 different agencies in 19 different States. It is this testing over time, that yielded results that allowed our ballistics experts to be able to draw reliable conclusions regarding the expected performance of ZYLON® armor, in use, over time. Unfortunately, for all involved these results indicated the unexpected decrease in the ZYLON®fiber strength."