Posted on 08/23/2005 10:47:25 AM PDT by JamesP81
A Cleveland man died last Sunday after a scuffle with security guards at the Walmart Super Center located at 6626 FM1960 in Atascocita.
According to witnesses, Stacy Driver ran out of the store and was pursued by Walmart loss prevention employees. A short time later, Driver was dead, and the Walmart employees were trying to explain the last moments of his life to police.
Charles Portz said he was getting out of his car when he saw a heavy blonde haired man being chased by five people who appeared to be security or store employees. He said he saw them wrestling the man to the ground. "The blacktop was extremely hot," said Portz "He had no shirt on and they wouldn't let him up off the blacktop."
snip
According to Portz, Driver began to plead with them men. "He's begging, 'Please call an ambulance, let me up, do something, I'm gonna die," said Portz. He said the loss prevention employees called the police more than once, but another bystander called for an ambulance after realizing Driver was in trouble. Portz said he eventually began to plead with the Walmart employees. "I told them, this guy doesn't look like he's breathing," Portz said, "They said, 'He's all right."
snip
The store employees could not have known that the witness who was pleading with them to let Driver get up from the hot pavement was a high profile Houston attorney, from the Portz and Portz law firm.
snip
They didn't kill him? Are you serious? What, did he commit suicide?
The more we buy from Wal-Mart, the more the price of gas goes up.
China now needs that fuel to keep producing the junk Wal-Mart sells.
I quit shopping there. Period.
The little gang of bullies killed him. SWATed out little wannabes, not smart enough to pass a police entrance exam.
Where do you guys get off saying they killed him. He died during the struggle because he stole property.
In a way yes he did, his actions are what started the whole incident.
I believe in all 50 states once a person is taken into custody (handcuffs) their health and well being is your responsibility.
Of course every case is different and every state will treat it as they see fit, but as a kid/young man I was a security guard in both Arizona and California and if you held someone for the police and they died while in your custody, you were going to jail. Both places I worked had a policy of stop and hold, do not fight with them. If they perp ran, let him go and get a license number.
In OKC, one of the stores my wife worked at was prosecuted (Not sued, prosecuted by the city) for wrongful imprisonment because they would grab and hold all shoplifting suspects.
More than a few were innocent, guilty of only having a cell phone that set off the alarm or a missed security tag. (Most were guilty. And by far, most never got caught.. but that’s another story…)
Even after 16 years as a cop, (Military and civilian) I don't believe death is the proper punishment for shoplifting.
And I don’t think any 18-year old, $7 an hour want-a-be hero should be chasing criminals, ever!
But that's just my opinion.
I'm sorry that you can not see the difference between reasonable force and excessive force. What happened here likely not only violated Texas criminal law, but surely violated civil law as well as WalMart's own policies.
their intent was not to kill him but their actions were extremely foolish , hence manslaughter as opposed to murder. ANYBODY that has handcuffs should know that you do not leave them prone one second longer than needed. Even LEO's who can lawfully use deadly force to obtain an arrest know better than to use submission holds for 20min, if you can't get control within a minute or two you need to break contact and use a different method
Well, heck...if somebody steals, I guess they deserve whatever happens to 'em. But look at it this way...what if they did him in too fast? If they had got him into the shade and tied him down, they could have spent several hours removing this guy's fingernails, toenails, and teeth with a pair of pliers from the tool section.
That'd make a great object lesson to passersby: "Don't steal, or this might happen to you."
Wonder if he stole that pizza too.
I strongly recommend not attempting to steal from Wal-Mart. Especially not in Texas. Especially not in August. And especially not if you're, and I quote, "heavy" (which, considering it was Texas, I suspect is a euphemism for "built like Fat Bastard"). Accidents happen.
This is the perp and his conviction record:____________________________________________________
Person ID No.
4059918 Gender
MALE Race
WHITE Ethnicity
UNKNOWN - CCH
Height
601 Weight (lbs.)
220 Hair Color
Black Eye Color
HAZEL
Individual ID No.
4059918
Name(s)
Name Entry ID No.
9699885 Person ID No.
4059918 Full Name
DRIVER,STACY Last Name
DRIVER
First Name
STACY Type Code
Supplemental Value
Name Entry ID No.
9699886 Person ID No.
4059918 Full Name
DRIVER,STACY CLAY Last Name
DRIVER
First Name
STACY CLAY Type Code
Base Record Value
Birthdate(s)
DOB ID No.
4337611 Person ID No.
4059918 Date of Birth
Aug 31 1974 Type Code
Base Record Value
Individual
Individual ID No.
4059918 DPS ID No.
05656434
Custody
none found
TRN
TRN ID No.
11108695 Individual ID Number
4059918 Date of Arrest
Jun 2 1996 Sequence Code
A
Tracking Incident Number
9002605544 Arresting Agency
TX1010900
TRS
TRS ID No.
12806268 TRN ID No.
11108695 TRS/TRN ID
A001 Available to Public Flag
Offense Segment Available for Viewing
A Prosecution Segment Available for Viewing
A Court Segment(s) Available for Viewing
A
Offense
Offense ID No.
12586102 TRS Entry ID No.
12806268 Agency ID
Date of Offense
Jun 2 1996
Arrest Offense Numeric
13990001 Arrest Offense Literal
Level and Degree of Offense
MISDEMEANOR - CLASS A Action Related to Offense
none found
Arrest Disposition Numeric
TRANSFERRED TO COUNTY Arrest Disposition Literal
Date of Disposition Immediate to Arrest
Jun 2 1996 ORI of Prosecutor Case
TX101015A
Agency Person Number
20454 Agency Case Number
Domestic Violence Involved
none found
Arrested Charge
Offense Code ID
227 Offense Code
13990001 Statute Code
PC Statute Citation of Disposed Offense
22.01(a)(1)
Level and degree of offense
MISDEMEANOR - CLASS A Offense Description
ASSLT CAUSES BODILY INJ Begin Date
Ending Date
Prosecution
Prosecution ID
2943041 TRS ID
12806268 Agency
TX101015A Date of Activity by Prosecutor
Action Taken by Prosecutor
Prosecutor accepts the charge Prosecutor Offense Numeric
13990001 Title of Offense Prosecuted
Level and Degree of Prosecuted Offense
MA
Action Related to Offense
none found
Domestic Violence Involved
none found
Prosecutor Charged
Offense Code ID
227 Offense Code
13990001 Statute Code
PC Statute Citation of Disposed Offense
22.01(a)(1)
Level and degree of offense
MISDEMEANOR - CLASS A Offense Description
ASSLT CAUSES BODILY INJ Begin Date
Ending Date
Court Status
Court Status Entry ID No.
6308805 TRS Entry ID No.
12806268 Agency ID
TX101383J CSC Code
a
Charge Number
962437601010 Final Pleading
No Contest Date of Judicial Disposition
Sep 11 1996 Action Related to Offense
none found
Numeric Code of Offense
13990001 Disposed Offense
Level and Degree of Offense
MISDEMEANOR - CLASS A Court Disposition Numeric
310
Date of Sentencing
Sep 11 1996 Amount of Time Suspended by Court
Amount of Fine Suspended by Court
Court Confinement
4D
Time on Probation
Court Fine
500 Court Cost Imposed
Court Provision
Court Provision Numeric
Date of Appeal
Disposition of Offender During Appeal
Final Court Decision
Agency ID
TX1010000 Sentence Concurrent/Consecutive
Concurrently Domestic Violence Involved
none found
Court Charge Reason
Offense Code ID
227 Offense Code
13990001 Statute Code
PC Statute Citation of Disposed Offense
22.01(a)(1)
Level and degree of offense
MISDEMEANOR - CLASS A Offense Description
ASSLT CAUSES BODILY INJ Begin Date
Ending Date
TRN ID No.
11108703 Individual ID Number
4059918 Date of Arrest
Aug 17 2004 Sequence Code
A
Tracking Incident Number
9059952030 Arresting Agency
TX1870200
TRS
TRS ID No.
12806270 TRN ID No.
11108703 TRS/TRN ID
A001 Available to Public Flag
Offense Segment Available for Viewing
A Prosecution Segment Available for Viewing
A Court Segment(s) Available for Viewing
A
Offense
Offense ID No.
12586110 TRS Entry ID No.
12806270 Agency ID
Date of Offense
Aug 17 2004
Arrest Offense Numeric
23990067 Arrest Offense Literal
Level and Degree of Offense
MISDEMEANOR - CLASS B Action Related to Offense
none found
Arrest Disposition Numeric
BAIL/RELEASED ON OWN RECOGNIZANCE Arrest Disposition Literal
Date of Disposition Immediate to Arrest
Aug 17 2004 ORI of Prosecutor Case
TX187015A
Agency Person Number
27154 Agency Case Number
Domestic Violence Involved
none found
Arrested Charge
Offense Code ID
554 Offense Code
23990067 Statute Code
PC Statute Citation of Disposed Offense
31.03(e)(2)(Ai)
Level and degree of offense
MISDEMEANOR - CLASS B Offense Description
THEFT STOLEN PROP >=$50 < $500 Begin Date
Ending Date
Prosecution
Prosecution ID
2943046 TRS ID
12806270 Agency
TX187015A Date of Activity by Prosecutor
Action Taken by Prosecutor
Prosecutor accepts the charge Prosecutor Offense Numeric
23990067 Title of Offense Prosecuted
THEFT >=$50<$500 Level and Degree of Prosecuted Offense
MB
Action Related to Offense
none found
Domestic Violence Involved
none found
Prosecutor Charged
Offense Code ID
554 Offense Code
23990067 Statute Code
PC Statute Citation of Disposed Offense
31.03(e)(2)(Ai)
Level and degree of offense
MISDEMEANOR - CLASS B Offense Description
THEFT STOLEN PROP >=$50 < $500 Begin Date
Ending Date
Court Status
Court Status Entry ID No.
6308807 TRS Entry ID No.
12806270 Agency ID
TX187013J CSC Code
a
Charge Number
2004-0802 Final Pleading
Guilty Date of Judicial Disposition
Oct 22 2004 Action Related to Offense
none found
Numeric Code of Offense
23990067 Disposed Offense
THEFT >=$50<$500 Level and Degree of Offense
MISDEMEANOR - CLASS B Court Disposition Numeric
312
Date of Sentencing
Oct 22 2004 Amount of Time Suspended by Court
Amount of Fine Suspended by Court
Court Confinement
Time on Probation
6M Court Fine
300 Court Cost Imposed
97 Court Provision
Court Provision Numeric
378 Date of Appeal
Disposition of Offender During Appeal
Final Court Decision
Agency ID
POLK CO CSCD Sentence Concurrent/Consecutive
none found
Domestic Violence Involved
none found
Court Charge Reason
Offense Code ID
554 Offense Code
23990067 Statute Code
PC Statute Citation of Disposed Offense
31.03(e)(2)(Ai)
Level and degree of offense
MISDEMEANOR - CLASS B Offense Description
THEFT STOLEN PROP >=$50 < $500 Begin Date
Ending Date
Ha Ha Ha
and when they find the drugs in his bloodstream the whole case will go away...
Actually, if the witness statements are correct, they LP guys blew it. Jumping on the guy and wrestling him to the ground? How did they know he wasn't armed? How did they know he wasn't a mental case etc? They are going to take a bad hit on this one. LP are suppose to try and detain a suspected thief, not play cops and get physical. They could have just wrote down his plate number, got his description, pulled up in-store video etc. This guy could of had a drug reaction extending from a medical problem, or could have been just a common thief, who knows.
They are very fortunate this guy didn't blow them away. Wal-Mart will pay big time for this one.
yes....30 witnesses and no one called the cops...
in la la land the witnesses would shoot the LP officers and split the loot with the suspect!
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