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Wal-Mart employees capture/kill suspected shoplifter


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purple hayes
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PostPosted: 08/12/05 - 10:37    Post subject: Wal-Mart employees capture/kill suspected shoplifter
http://www.chron.com/cs/CDA/ssistory.mpl/front/3301862

Quote:
Answers sought in death outside Wal-Mart
Man accused of theft begged to be let up from hot pavement, witness says
By ROBERT CROWE and S.K. BARDWELL
Copyright 2005 Houston Chronicle

A man suspected of shoplifting goods from an Atascocita Wal-Mart — including diapers and a BB gun — had begged employees to let him up from the blistering pavement in the store's parking lot where he was held, shirtless, before he died Sunday, a witness said.

An autopsy for the man, identified as Stacy Clay Driver, 30, of Cleveland, was scheduled for Monday, but officials said results probably would be delayed by a wait for toxicology tests.

Driver's family, as well as one emergency worker, are questioning company procedure, including whether Wal-Mart workers administered CPR after they realized he needed medical attention.

When Atascocita Volunteer Fire Department paramedics arrived, Driver was in cardiac arrest, said Royce Worrell, EMS director. Worrell said Monday he heard from investigators that Wal-Mart employees administered CPR to Driver, but he was not sure that happened.

"When we got there, the man was facedown (in cardiac arrest) with handcuffs behind his back," Worrell said. "That's not indicative of someone given CPR."

Wal-Mart employees referred calls to the Harris County Sheriff's Department, where homicide detectives are investigating the death.

"We're just not able to provide any comment at this time ... ," said Christi Gallagher, spokeswoman at Wal-Mart's headquarters in Bentonville, Ark.

Jim Lindeman, a lawyer representing Driver's family, said the family is devastated. "We're waiting to learn the results of the Sheriff's Department investigation," he said.

No charges have been filed. "The determining factor will be the (autopsy) report in whether we go forward with any charges," said Lt. John Martin, Sheriff's Department spokesman.

Driver lived in Cleveland, where his parents own a small business, Lindeman said. Driver was a master carpenter with a 2-month-old son and was about halfway through taking flying courses to get his pilot's license, Lindeman said.

Employees told investigators Driver had walked out the store with a package of diapers, a pair of sunglasses, a BB gun and a package of BBs, Martin said.

Lindeman said otherwise. "It's our belief he was not shoplifting," he said.

Houston lawyer Charles Portz was outside the store at 6626 FM 1960 East when employees chased Driver into the parking lot Sunday afternoon.

Portz said three employees caught Driver, who twisted and turned until his shirt came off and he broke free and ran.

"They chased him right past me," said Portz, who followed the chase, then saw four or five employees hold Driver on the ground. Driver was pleading with them to let him up, Portz said. "The blacktop was just blistering," he said.

The high temperature at Bush Intercontinental Airport Sunday was 96 degrees.

Portz said one of the Wal-Mart employees had Driver in a choke hold as other employees pinned his body to the ground.

"He was begging, 'Please, I'm burning, let me up,' " Portz said of Driver. "He'd push himself up off the blacktop, like he was doing a push-up.

"About 30 people were saying, 'Let him up, it's too hot,' " Portz said. He said another employee brought a rug for Driver to lie on, but one of those holding Driver said he was fine where he was. "After about five minutes, (Driver) said, 'I'm dying, I can't breathe, call an ambulance,' " Portz said.

Employees struggled with Driver before he was handcuffed, Martin said.

"There was a struggle, and when they finally succeeded after getting him detained in handcuffs, he continued to struggle," Martin said.

After Driver was handcuffed, Portz said one employee had his knee on the man's neck and others were putting pressure on his back.

"Finally the guy stopped moving" and the employees got off him, Portz said. "They wouldn't call an ambulance.

"I looked at him and said, 'Hey, he's not breathing,' but one guy told me (Driver) was just on drugs. I told them his fingernails were all gray, and finally they called an ambulance."

Martin said investigators have no indication that Driver was intoxicated.

He also said a review of surveillance tape showed that nine minutes had elapsed between the time employees "got (Driver) under control and the time EMS showed up."

Worrell said paramedics arrived two minutes, 19 seconds after they received the call. Paramedics performed CPR on Driver en route to Northeast Medical Center Hospital, where he was pronounced dead.

Store employees told investigators Driver entered the store with an item marked with a sticker indicating it had been paid for, then switched the sticker to a more expensive item and tried to leave with it.
robp
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PostPosted: 08/12/05 - 10:48    Post subject:
Well, this should be an interesting one to see go through the court system.
cherylpf
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PostPosted: 08/12/05 - 10:51    Post subject:
I didn't hear about this until now. I have some coworkers who live in that area.

What would make people do this to this person? Was this some form of vigilanteism? I don't understand.
j1miller
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PostPosted: 08/12/05 - 10:54    Post subject:
oh well... I love Court TV. This case is sure to be on there.....
gretriever
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PostPosted: 08/12/05 - 11:08    Post subject: Re: Wal-Mart employees capture/kill suspected shoplifter
Quote:

Employees told investigators Driver had walked out the store with a package of diapers, a pair of sunglasses, a BB gun and a package of BBs, Martin said.

Lindeman (Driver's family's lawyer) said otherwise. "It's our belief he was not shoplifting," he said.

Sunglasses alone, maybe he spaced out and walked out without paying. But all that stuff... what does the family think he was doing?
runaroundsue
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PostPosted: 08/12/05 - 12:12    Post subject:
I don't know, with diapers, I'd give him a benefit of a doubt. Small children and absent mindedness go hand in hand. I had a cartful of stuff and started walking out of target. I had gone through the checkout, but I pushed the cart out after things were packed but not paid for. The clerk came running after me "mom, mom, stop". A week later I paid and left my cart behind.
cherylpf
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PostPosted: 08/12/05 - 12:16    Post subject:
Well, and I guess I'm overlooking the possible shoplifting, that almost seems moot here. Obviously that is why they were holding him. But even if he did steal that stuff, I think he has the right to a fair trial and there is no reason for him to be put shirtless on the hot pavement. I don't understand that part. Maybe there is more to this than I realize. Maybe he was on some kind of drugs. Maybe he threatened them. I don't know but this seems senseless.
MechEngDropout
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PostPosted: 08/12/05 - 13:08    Post subject:
cherylpf wrote:
I don't know but this seems senseless.


And this doesn't work with Wal-Mart why?
ShannonG
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PostPosted: 08/12/05 - 14:00    Post subject:
This exact same thing happened here at a home theatre store. I'll try to find a link.
I think the coroner determined here that the choke hold killed him. But no charges were laid.
I agree with Cheryl that it's excessive force.
copteacher
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PostPosted: 08/12/05 - 14:48    Post subject:
I am sure that this is not his first run in with the law. The employees and Walmart are not criminally liable in his death but the civil case will be an easy win for the family.

Let's just suppose if he did not steal, he would not have died.
Running Brewer
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PostPosted: 08/12/05 - 15:06    Post subject:
rtpd113 wrote:
I am sure that this is not his first run in with the law. The employees and Walmart are not criminally liable in his death but the civil case will be an easy win for the family.

Let's just suppose if he did not steal, he would not have died.


what kind of BS comment is this? You know nothing about the man and you can determind that this wasn't his first offense and that he is guilty? I thought you were a cop, not a judge.
kristin31
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PostPosted: 08/12/05 - 15:20    Post subject:
They don't have the proof he was shoplifting. It's downright inhumane to force someone to lie on burning hot pavement with no shirt on. That's just sick. Give some people a badge and all of a sudden they think they're god.
cherylpf
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PostPosted: 08/12/05 - 15:36    Post subject:
kristin31 wrote:
They don't have the proof he was shoplifting. It's downright inhumane to force someone to lie on burning hot pavement with no shirt on. That's just sick. Give some people a badge and all of a sudden they think they're god.

And it was walmart employees. The only badge I'm aware of that they would have is the one that says their name and "Always low prices".

I also don't see where he is a repeat offender RTPD. Why can we assume he would not have died if he was innocent?
kristin31
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PostPosted: 08/12/05 - 16:01    Post subject:
cherylpf wrote:
kristin31 wrote:
They don't have the proof he was shoplifting. It's downright inhumane to force someone to lie on burning hot pavement with no shirt on. That's just sick. Give some people a badge and all of a sudden they think they're god.

And it was walmart employees. The only badge I'm aware of that they would have is the one that says their name and "Always low prices".

I also don't see where he is a repeat offender RTPD. Why can we assume he would not have died if he was innocent?


Oh. I thought it was the Wal-mart security employees! You know, the rent-a-cops (but they are not real cops, they just get all puffed up with a wee bit of authority).
I didn't mean any offense to real police officers and their badges.

For god's sake, if it's the regular employees (clerks and such) that is even more despicable!
cherylpf
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PostPosted: 08/12/05 - 16:07    Post subject:
kristin31 wrote:
cherylpf wrote:
kristin31 wrote:
They don't have the proof he was shoplifting. It's downright inhumane to force someone to lie on burning hot pavement with no shirt on. That's just sick. Give some people a badge and all of a sudden they think they're god.

And it was walmart employees. The only badge I'm aware of that they would have is the one that says their name and "Always low prices".

I also don't see where he is a repeat offender RTPD. Why can we assume he would not have died if he was innocent?


Oh. I thought it was the Wal-mart security employees! You know, the rent-a-cops (but they are not real cops, they just get all puffed up with a wee bit of authority).
I didn't mean any offense to real police officers and their badges.

For god's sake, if it's the regular employees (clerks and such) that is even more despicable!

Maybe it was security employees actually, and I see what you are saying. But I did think you meant police, sorry!
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