Wal-Mart "security forces" kill shoplifter

Texasdoc · #16

that was th longest 4 minutes and not much was said other then don't move by me and please don't shoot by the manager. the Guy with the asp was not legaly carrying it.

I will post the Police report soon .

Paul

#17

SJRTX wrote:I have heard that Walmart virtually never settles lawsuits like this, that they fight every single one, and will appeal the decision for years, and basically spend a fortune so that the plaintiffs will never see a dime. If thats the case whats a person supposed to do when Walmart screws up? No contingency lawyer is going to fight with them that long, and most people dont have the money to stay in the fight with them.

Walmart has the reputation of trying all slip-and-fall cases, but I doubt they and many, if any, cases like this. Even if they do fight and appeal, a good plaintiff's attorney won't be deterred. If the investigation proves the facts to be as I believe them to be, I'd try the case, work the appeal and let the post-judgment interest mount up.

Regards,
Chas.

SJRTX · #18

What determines the interest rate? Current Federal rate?

#19

SJRTX wrote:What determines the interest rate? Current Federal rate?

State law. I think it's 6% now, but I'm not sure. I always look it up when preparing a judgment. For years it was 10%, but it changed to a variable rate.

Regards,
Chas.

HankB · #20

If the facts are as presented at the beginning of this thread, and none of the store security people were off-duty LEOs, it sounds like Wal-Mart (and those involved employees) may have a bit of legal trouble ahead.

I've never even THOUGHT about shoplifting - if I had as a kid, I knew without asking that my Dad would've warmed my backside but good, and then marched me up to the store manager to confess what I'd done. We just didn't steal in my family.

I always try to be polite and pleasant - or at least businesslike - to store employees, even when they're being less than helpful . . . answering rudeness with the same seldom is beneficial.

But if some store cop wannabe EVER lays a hand on me, his other hand better be holding a badge that shows he's a sworn LEO or trouble will result. I absolutely will NOT tolerate another's initiation of physical force.

As for receipt checkers at the exit . . . OK, I'll show the receipt at the door when I'm leaving, but after standing in line to pay for my item, I will NOT stand in line AGAIN for permission to leave the premesis. I will - and have - simply bypassed the exit line and left.

Baytown · #21

I am curious if Wally World trained their people. I don't think it is going to turn out good for WalMart.

Just makes me a little annoyed when someone did wrong, and basically good people may make an error, and guess who is in trouble?

Glenn

Paladin · #22

UPDATE:

http://www.chron.com/cs/CDA/ssistory.mp ... an/3464188

"Nov. 15, 2005, 10:45PM

Wal-Mart sued over shoplifting suspect who died in scuffle
By ROBERT CROWE
Copyright 2005 Houston Chronicle

The family of a man suspected of shoplifting who died after struggling with Wal-Mart employees filed a lawsuit Tuesday against the retail giant.

Stacy Clay Driver's father and widow are seeking unspecified damages for his Aug. 7 death at the Atascocita Wal-Mart, 6626 FM 1960 East. The Harris County Medical Examiner's Office recently ruled his death a homicide.

"This family was grievously harmed," said Jim Lindeman, the lawyer for Driver's family.

Wal-Mart spokesman Marty Heires declined to discuss the details of the suit.

"Because this likely will be presented to a grand jury, I think any further comment now is inappropriate," Heires said.

Loss-prevention employees told police that Driver tried to take $94 worth of merchandise by putting receipt stickers on items he had not purchased, claiming they were returns and asking for store credit.

When confronted, Driver ran into the parking lot, pursued by a loss-prevention employee. According to the suit, the employee wrestled Driver to the ground. Other Wal-Mart employees assisted in subduing Driver as he struggled to get up.

On Nov. 4, the medical examiner ruled Driver's death was caused primarily by asphyxia because of neck and chest compression while a secondary cause was hyperthermia with methamphetamine toxicity.

Driver, 30, had lived with his wife, Wendy, 27, and son, Ashton, 5 months, in Cleveland, about 45 miles north of Houston."

HighVelocity · #23

What exactly is a Walmart Loss Prevention Employee? Is that a uniformed security gaurd or some teenager that thinks he's tough? Even though the man was stealing, it sounds like Walmart employees went a bit over the line.
I imagine Walmart will have to pony up some money for this one.

KinnyLee · #24

Paladin wrote:
On Nov. 4, the medical examiner ruled Driver's death was caused primarily by asphyxia because of neck and chest compression while a secondary cause was hyperthermia with methamphetamine toxicity.

So he was high when they tried to subdue him? I guess that doesn't really matter since asphyxiation is asphyxiation.

stevie_d_64 · #25

KinnyLee wrote:
Paladin wrote:
On Nov. 4, the medical examiner ruled Driver's death was caused primarily by asphyxia because of neck and chest compression while a secondary cause was hyperthermia with methamphetamine toxicity.

So he was high when they tried to subdue him? I guess that doesn't really matter since asphyxiation is asphyxiation.

So then in could be argued that the detainment/custody was an aggravating factor in his death, but not the main factor...The fact that toxicity results during the post-mortum exam proved illicite drug use...

Bada-Bing, Bada-Boom...

I don't think anyone forced him to take that stuff...

But since its the deep pockets of Walmart, anything goes...

KBCraig · #26

stevie_d_64 wrote:
KinnyLee wrote:
Paladin wrote:
On Nov. 4, the medical examiner ruled Driver's death was caused primarily by asphyxia because of neck and chest compression while a secondary cause was hyperthermia with methamphetamine toxicity.

So he was high when they tried to subdue him? I guess that doesn't really matter since asphyxiation is asphyxiation.
So then in could be argued that the detainment/custody was an aggravating factor in his death, but not the main factor...The fact that toxicity results during the post-mortum exam proved illicite drug use...

Bada-Bing, Bada-Boom...

Take a look again: the primary cause of death was asphyxia due to neck and chest compression; secondary was hyperthermia (they had him pinned down on an asphalt parking lot in hundred-plus Texas heat); and the meth toxicity was a tertiary factor, contributing to the hyperthermia due to its effect on the metabolism.

The meth wouldn't have killed the guy absent being cuffed and pinned face down on hot asphalt, but the restraint might well have been fatal even without the meth.

This one really isn't about deep pockets, from what I can see. It's about lack of training, lack of common sense, and wannabe tough guys playing felony takedown over $94 in merchandise.

Kevin

stevie_d_64 · #27

KB, yer right, I forgot about the hot pavement issue...

Obviously something the numbnut Walmart guys will have to live with for the rest of their lives...

The LP guys I knew at Lowe's when I worked there we're nothing more than audit guys to watch for inventory irregularities etc etc...

They told us to never under any circumstances stop or try to detain anyone who breaks the exit "inventory" control barrier...

We got so many pictures of guys coming in (illegal alien day workers mainly) and stealing those power tool package "sets" and running right out the door with them into a car or truck and taking off...

Very low probability of recovery...It was an interesting thing to see how that $$$ amount factored into the stores bottom line...

If it got to be too big, they'd change the arrangement of the store to thwart the average thief...If you were above average...Then you still got away...

BSB · #28

I worked at The Home Depot for 5 years and back then it was to the point that the only person that could stop a shop lifter was the loss prevention people. It is always a law suit when you take one down. We had an assistant manager and two department heads fired for tracking down a shop lifter and holding him until the cops came. He was a minor and the parents cried bloody murder. Don't you think your parents would be to busy beeting your ass. Mine would.
No one deserves to die for shop lifting but the lawsuits are making it impossible to stop shop lifting unless you hire security 24/7. If you hire security guards to watch the shoppers 24/7 then the price of the products will go up.
I say to bad he died. DON'T BREAK THE LAW! They will get a lot of money out of Walmart no matter how hard they fight it.

BSB

KBCraig · #29

BSB wrote: DON'T BREAK THE LAW!

I think I got this link from PDO (bandwidth warning: it's a big streaming file):

http://www.koreus.com/files/200407/chris_rock.html

I'd say he's got a handle on it. :D

While we're at it, don't drink and sleigh:

http://www.devilducky.com/media/23953/

Santa needs to know how to say no to searches. :D

Kevin

txinvestigator · #30

Every other week I have a new group of Security Guards in training. We cover arrests in class. I stress that it is better to allow a person who resists to get away than face something like this.

Sad business.