Free Appendix - District Court of Delaware - Delaware

i . Case 1 :04-cv-00956-GIVIS Document 196-19 Filed 06/19/2006 Page 1 of 4 n
Intcrmark ·
3232 Griggs Drive
B00thWY“, PA 1906I
October 28, 2005
Martin D. Havcrly, Esq. — n
2 East 'I"' Stmct
Suiw 302
Wilmington, DH 19801 ‘
RE: Sgt. Christopher D. Forukzr
Preparation nf Expert Report - `
Dear Mr. Havcrly:
hn response: to your July 25, 2005 Icucr request, [offer the following Export Rupert.
gguglilicatlons
I have Spent over thirty years in thc fircarms business in various capacities zu dctailcd in
thc attached rcsumc. Particular emphasis has been in thc murkoting pmgmms of major fircarrns
corpomlicns, i.e. Rcaningtcm Arms C0., SigArms, O. F. Mcssbcrg & Sons, Savage Amis, Inc.,
Smith & Wesson Corporation and Heckler & Koch. Each ofthcscc companies has specific
divisions dealing with thc development, manufacture, marketing and sale of law cnfommncni; ‘
firearms und nclatcd products. ln practically cvcry position in which I have served, F have been
directly involved with the hiring of key porsoamci for various position within the company. The
work! have donc as wall as thc cxpcrioncc gained uvcr my career qualifies mc as an export
n wimoss (Sec resume atmchod).
My cxpcrtisc will bc use tu identify: I
P The likelihood that an individual might bc hired in {hc firearms industry;
X How that individual might progress within thc Gmarms industry;
P Typical compensation that would accompany these positions.
Job Mggyct Situational Annlyig
T0 better understand positions available and current hiring practices, I will usc thc -
Rcnningtcm Arms C0. and Smith Sc Wesson Cmp. as examples.
Remington is thc U.S. loader in pump—ac1i0n shutguus sold thr law enforcement and
homo defense purposcs. The Remington Model BYU pumpmction S]lO[gUl'1 has, for over thirty
years, been considered thc standard carry shotgun for moat law CHf`(1fCBHl€HtR1]d government ·
agencies in thc U. S. Regardless of that dominant position, law enforcement pmducm account for
lcss than 5% of Rcmingtorfs $200mil|icm annual Hxcannzf xalan; Under thc guidance ofthu Vice
{ Prcsidont amd Gcncml Manager uf Firearms, tho Manager of {nw Tlnfommnesut Sales is misc
_ located at Rcmingtmfs headquarters in Madison, Ncmh Carolina. Thu Law Enforcement
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Department consists of the Manager and an Order Sowioosf Specialist to ontcr orders.
Additionally, {ivo company fiold fonoc roprosontativcs covor thc U .8. law on forccmcnt rnnrkct
Salon` torritorics. Tho fivc rcprcscntntivcn and Manager of Law Enforcement Sales pmvidc:
feedback and compctitivo information to the Vice Prosidont and his staff in nrdcr to develop and
maintain competitive products for tho law cnforccmcnt market. ·_
Smith & W¢ss0n Corp is thc loading U .3. mzmufactuncr of rcvnlvcrs and autuloading
pistols. [oss than lS% of Smith & Wnnztntfsz total stains nrc iaw cnforccmcnt fitcmms. '{`lwir
_ marketing hierarchy is very similar to Rt:mington’s. A Senior Product Nlanagcr directs all of thc
marketing rcscarch development ciTnrL·= for all business segments, including law enforcement,
Sa.Ics’ initiatives arc guided by three mics managers — thc Eastern, Midwest und Western
Directors of [law Enthrccmcnt Salon. They BFG company employees, and manage independent
wps’ groups throughout thc U.S. These Mmmgcrs, along with an International Sales Managor, .
provide feedback and competitive product knowledge to suatogizi: now product development and
assess thc compotitivcnosn of current oflizrings. The Shlcs Manager usually does hiring for tho .
Sales positions. Ho receives resumes either through classificd advcrtiscmcnm or personal
contacts within thc industry. Candidates considered for selection am usually brought into the
homo office and intcwicwod. Those that would qualify arc usually given background checks and
then called for n folIow—up interview prior to selection, In Chris F0rak0rr`$ casio; thc background
checks would most certainly reveal thc negative articles printed about him.
Tho hiring of Director level positions has been handled internally in recent times.
Because the iircarms industry is rclativoly small, candidates nm uaunlly industry people that have:
Wdrkcd for mqfor companies within the industry and have been nccmited away. Howovor, this
rocruiting can, and has included candidates from law cnforoomont and govornmcnt agencies
outside the tinci1rms’ industry. Candidates are usually brought in aftor thoir rosumcs have been
scanned. They go through a series of iivo inmrviows and arc ovaluatcd in terms of people skills,
background, experience, product knowledge, industry knowledge, contacts within the industry,
ctc. If tho intorvicw is positive, a full background tzhcck is initiated to confirm thc viability and
credibility ofthc cnndidato.
As a side noto, should a VP level position become ttvuiIab1c,candidato:4 arc gcncrnlly
rccmitcd utilizing un outside agency. ln recent times, thc agency most usod him been tho Spencer .
Stuart firm. Thcy Acrccn thc resumes, perform the background Checks and thou prcscnt only thc
Viablc Gandidatcs to senior managémcnt for final sclcctiun.
Most major fimarms’ companies conduct tmdfor attend Iuw BHfOfC€mOHL governmental
ngcnoy shows and oxhibitions. It is at those shows where industry sales rcprcsentztivos,
marketing personnel and other company omployccs dcvolop relationships with individuals like
Chris Fomkor. These relationships aro huilt ovcr a period of time and provide at bwsis for
potential cmpluymtml; positions Within thc industry. Thosc tradc shows, along with thc top sa|cs’
calls, constitute tho primary intoraction bctwocn thc firom·ms' industry and law cnforccmcml, V
military and government personnel. _ ·
It is tho writcr’s opinion that tho Smith & Wesson and Remington Arms scotmrios ‘
provide it clear insight into tho hiring practices currently used within the tir¤arms‘ industry today.
Listzd bciow are somc gcncral obsorvations that tho industry utilizes to make hiring dcoisions:
P `Firoarms’ oompanios goncrally promote from within, whcncvcr possible. it allows tho
company to install a candidate that is u known conunodity and significantly climirmtcs
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° _ Case 1 :04-cv—OO956-GIVIS Document 196-19 Filed 06/19/2006 Page 3 of 4
y the down-time required to get a candidate upto speed with regard to product i
knowledge, customer hose and overall company policy and operation. M
P Hiring from the outside for most manufacturers is usually limited to field sales, product
- management positions or trniiting.
P- Good positions are limited within the industry. The only notable exception among the ; ~·=. ;.
large companies is SigArms. Due to tt change in ownership, many changes in senior i ·
management and the expansion into new product categories, Sig has hired a number of - 9
new employees for training, field sales and market product positions in the Inst eight
years. ‘
Qompgnsatlon Analysis ‘ ·
Entry level positions in field sales, product managment or training within the law . _i
enforcement segment of the industry start at approximately $5 5,000 annually. Additionally,
- compensation sometimes includes a company car or auto allowance, 40lKlpeusion timcl, health -
and life insurance. Some offer bonus compensation as high as 20% if perfomwnce, sales goals,
or overall corporate perfonnance is attained. An industry bonus average for these positions C ‘
would bc in the 10% range. I would expect that Chris Foraker would receive compensation in
this range plus at least n 10% bonus. Additionally, it is my opinion that Chris would rise within
the next 5-10 years to the level of Sales Manager. Compensation at this level would be in the
$65,000—$75,000 range plus at least n 10% bonus.
Senior marketing level Director or VP positions in the l7u·earms` industry is very limited.
Compensation can be as high as $90,000 +, annually, plus bonuses in the 20% range. I believe it
could be attainable from an entry-level position, given a greater than 10-I 5 year career span. l ·
know of no one with Chris’ level of experience that has been directly hired into a Director or VP
i position ofthis level.
Lnw enforcement training positions olTor a broader flexibility in terms of compensation
l and specific assignments. There are entry-level positions for basic training personnel, with salary
i expectations of $45,000-$55,000 a year. Additionally, there is usually a DirectorfMa11agorlevci
i position with compensation of $50,000-$60,000. .l am confident that Chris Fornker would qualify
l for an entry level training position and have the ability to advance to Manager within a 5-l0 year ,
period. it should bo notod that positions in law enforcement training are fewer than Sales or-
Marketing positions and are not as often available.
gygmglgslon c .
ased on Chris Fornlcer’s resume ersonal interaction with him I assessed him to

When l met with Chris in 2002, relative to his lirst lawsuit against Col. L. Aron Chaffinch
and the Delaware State Police, I was impressed with his background regarding firearms’
_ operation, function, usage, product knowledge and training expertise. I thought Chris would be
an asset to at iirearrns industry company and that, at that time, a transfer out of training to another
department would not negatively impact his future plans for a position within the tircarms’
industry. Based on my interview with Chris at that time, l did not think that his lirture in the _ ..
firearms industry had heenjeopardieed. Chris’ overall personal appearance, demeanor, industry
knowledge and ptt>sental‘ion skills clearly demonstrated his future potential. l would expect that
Chris Foraker would he hired in the firearms indus for either en —level sales or a tramm ' · *

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Y i . Case 1:04-cv—00956-Gl\/IS Document 196-19 Filed 06/19/2006 Page 4 of 4
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l More ncccntly, it is the writcfs opinion that the adverse publicity regarding the closing ofthe ‘
l Delaware State Police Range has severely damaged his ability to be hired by a major company in
the 1iroam1s’ industry. L believe the words "sevcrcIy damagod" are correct and appropriate for
Chris’ situation. Numerous articles published regaining the Delaware State Police Range in , .
Smyrna, (LG., "Amorican Police Beat", tt publication head by every major law enforcement
agency in the United States, the Delaware State News, and The News Joumal), implicated Sgt.
Foruker as the person solely responsible for the environmentally unsafe condition ofthe range `
i and its eventual closing. These articles, appearing over an extended period of time, and being
l read by so wide an industry audience have undoubtedly cast suspicion on Sgt. l*oraker’s ability to
manage and operate a range. There is no question that, given several candidates with
backgrounds and experience comparable to Chris, those charged with hiring would eliminate
i Chris from consideration, fearing the “excess baggage" accompanying his candidacy. _ '_ "
The opinions expressed in this report are true and correct within a reasonable degree of ._
certainty based on the hiring practices currently used by the major manufacturers in the U.S. · _ -
firearms industry. _
1 lt` you have questions, require additional information or clarification, I am available at `
‘ your convenience.
y Very truly yours,
1 lNfl`ERMARK
i Bud Fini _
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