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
Won't matter. This guys family will still sue them, and more than likely win.
"It was only when he made eye contact with me and I dropped the bag in anticipation of going hands on that he backed off. At that time in my life I was still a full time deputy SO and if they managed to make contact i would have had to escalate the force used to avoid an unlawful detention"
How many people have you put your hands on while trying to determine if a detention is warranted? What do you do when they resist contact with you? I bet you escalate the use of force and slam them face first on the hood of a car and forcible cuff them. Of course when the situation is reversed you think you are too good to touch. Often it is people with that kind of attitude who end up face first on the pavement with a 300# walmart guy sitting on their back.
Reminds me of a case where two LP guys confronted a suspect outside a store, he opens up, shooting both of them, one died.
Going after and unknown perp when your unarmed, is pretty stupid. Playing cop, and getting physically over Wal Mart garbage is even dumber.
http://media.santoalt.com/videos/purse_snatcher.wmv
Are Walmart LP employees armed and trained to shoot suspects and get physical?
You may be correct about them having a right to pursue and subdue him, that would depend on Texas law.
However, once he had been subdued, the guards (whatever glorified title they give them at Wally World) had both a moral and legal RESPONSIBILITY to see to his well being.
Failure to do so is what led to his death.
manslaughter or negligent homicide?
Ruck
No offense but I can tell that you have never been the victim of a robbery. I could shoot someone or beat them with a ballbat for stealing from me.
_________________________________________________________
Police seek man who shot Sears worker
The News-Herald
PUBLISHED: July 6, 2005
LINCOLN PARK — A Sears loss prevention officer was shot twice Friday while trying to catch a man stealing cologne.
Even in Texas, you can't legallysuffocate a shoplifter to death.
"and don't shop from Wal-Mart. They will kill the American economy."
LOL.
6Foot one and 220 pounds is alot to subdue, a convicted thief and domestic violence conviction, this guy was no stranger as to what he did. He knew if caught he was going back to slammer.
Could you direct me to that post??
"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."
Nothing wrong with putting a few thousand Americans out of work if you get to save a few cents on gas. /sarc
It doesn't matter what size he was or what his record was; once he was subdued, the guards were responsible for his well being. Period.
Their failure to understand this principle is what led to the man's death.
Ruck
He died because he decided to steal again, it is his fault, he knew better. 6'1" and 220 # is alot to subdue, I bet he was fighting the whole way.
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