Posted on 11/30/2005 5:59:55 PM PST by SmithL
The family of a man suspected of shoplifting from a Texas Wal-Mart is suing the retail giant after an autopsy revealed that he suffocated to death while security guards restrained him.
The parents and wife of Stacy Clay Driver are seeking unspecified damages from Wal-Mart and several of its associates after the 30-year-old carpenter died on Aug. 7 following a struggle with guards who had chased him out of the store for allegedly stealing a $94 gift card.
The suit, filed Nov. 15 in Harris County, also seeks compensation for intentional infliction of emotional distress against Driver, claiming the employees ignored his cries of pain and pleas for relief even as onlookers expressed concern for his safety.
"He was in anticipation of his death. He was suffering and he knew he was going to die," said attorney Jim Lindeman, who is representing Driver's father, wife and infant son. "The witnesses knew he was in trouble, but the security people would not recognize that."
In November, the Harris County Medical Examiner's Office concluded that Driver died from asphyxia as a result of being pinned face down and bare-chested in the Atascocita Wal-Mart parking lot for about 20 minutes.
The medical examiner ruled the death a homicide, although methamphetamine toxicity and hyperthermia were cited as secondary causes.
The wrongful death suit accuses Ramon Gomez and other unidentified Wal-Mart employees of conduct "beyond all possible bounds of decency" for beating Driver to the ground, handcuffing him and pressing him against the hot pavement in a chokehold until he suffocated.
The complaint requests a jury trial to assess the damages associated with the loss of financial and emotional support to the victim's wife and son, Wendy and Ashton, and parents, H.C. Driver and Barbara Telles.
The complaint also takes aim at Wal-Mart for failing to adequately screen, train and supervise the associates, and therefore contributing to Driver's "prolonged" and "horrific" death.
"While retailers ... can use 'reasonable force' to recover merchandise or detain a person suspected of shoplifting long enough to summon police, the law does not authorize physical assault or overtly violent measures," the complaint alleges.
Harris County District Attorney Charles Rosenthal told Courttv.com that the case would go to a grand jury in December to determine if criminal charges were warranted.
In light of the impending court proceedings, a spokesperson for Wal-Mart declined to discuss the specifics of the case.
"This is a very unfortunate incident which has been difficult for the Driver family and for the associates involved," said Wal-Mart spokesperson Marty Heires.
Heires added that he was unaware of the associates' present employment status.
Wal-mart should have assumed he was on crystal meth. It's common!
If you can't handle the drugs, other people will handle them for you. Self-defense trumps the rights of a belligerent criminal caught in the act.
Yeah, "unspecified," but since since the lawyer is seeing deep pockets and dollar signs, it'll be in the millions ...
When he tried to boost..
'Til they chased him down
Got him on the ground
Now he's gone for good
To the Master's hood
Now he'll have ta answer
For what he stuck down his pants'a
What a way to go
For that boostin' bro'
"Yeah, "unspecified," but since since the lawyer is seeing deep pockets and dollar signs, it'll be in the millions ..."
It should be, did you read the witness reports?
I expect there will be criminal charges as well...
methamphetamine toxicity and hyperthermia were cited as secondary causes
---No great loss. Obviously a loser who thinks the world owed him free stuff while the rest of us have to pay for what we want. As for the father suing, maybe he should have taught his son that he must work for what he wants and not use drugs.
The guy was a Meth addict so I figure a net income (legitimate) to the wife and kids of about 25 cents a year.
Then figure the life maximum span of a Meth addict of around 55 years.
So pay the plaintiff $6.25.
From the facts as presented, it sounds like he'll win the wrongful death suit. I'm not sure how there would be a cause of action for intentional infliction of emotional distress, since the man's dead, but his wife will get at least 30 years worth of whatever a carpenter in that area makes, maybe times three.
What I don't get is the alleged theft they stopped him for. I've never seen a Wal-Mart gift card, but if they're like any modern gift card I've ever seen the value has to be added at the register at the time of purchase. You can steal all you want but they're not worth anything - especially not a random number like $94 - until you pay the cashier and she swipes the card to add the value.
I caught that too, I'm thinking maybe he had the cashier swipe it, and then took off running with it, before paying.
"suffocated to death"
"claiming the employees ignored his cries of pain and pleas for relief"
I don't know the whole story but these two parts are not consistent.
Where would I go to see those reports?
There was a thread on the 28TH. You should be able to find it...
"kublia khan", What the he!! kind of name is that. Your page suggests you are from VA.
I am from the Old Dominion, Kublia Khan was the son of Ginghis Khan, it was he; not Ginghis who brought China to her knees. Thanks for the link.
the grandson not the son.
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