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Man dies in scuffle with security guards
The Cleveland Advocate ^ | 08/10/2005 | Jamie Nash

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


TOPICS: Crime/Corruption; US: Texas
KEYWORDS: 31yroldshoplifter; deathcultivation; donutwatch; stealingbeatworking; thoushallnotsteal
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To: eastforker
They did not kill him, he died after being subdued, big difference.

Uh huh. It's very clever of you to blame the parking lot for the guy's death. Sarah Brady would swell with pride, were she to tune in to your comment.

We do not cater much to thieves down here, if they want to steal I have no sorrow if their outcome is terminal.

Hm. Well, I guess you opened your mouth and removed all doubt. Again.

221 posted on 08/23/2005 2:39:29 PM PDT by r9etb
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To: JamesP81
Exactly. My home state of Kentucky is much like Texas in this attitude. We don't look kindly on sadists such as these.

That's the distinction. This guy didn't die while fighting these guards. He died after they had subdued and restrained him.

This isn't an example of rough and ready Texas cowboys rightfully defending their employer's property. They'd already accomplished that part. The killing happened afterwards.

222 posted on 08/23/2005 2:40:18 PM PDT by Modernman ("A conservative government is an organized hypocrisy." -Disraeli)
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To: Modernman

You said"This is not an example of someone defending their property " what was it then, did that stolen property not belong to walmart?


223 posted on 08/23/2005 2:41:14 PM PDT by eastforker (Under Cover FReeper going dark(too much 24))
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To: eastforker
That has nothing to do with the statute of protecting personal property, that is way out of context.

It is perfectly in the context of stating what the guards should be charged with: negligent homicide.

224 posted on 08/23/2005 2:41:29 PM PDT by r9etb
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To: r9etb

I never blamed the parking lot for his death, I blamed him for his death, he stole, he ran, he got caught, he died because he stole and ran.


225 posted on 08/23/2005 2:43:58 PM PDT by eastforker (Under Cover FReeper going dark(too much 24))
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To: eastforker
"Rescue a thief??? Do you like thieves???"

Melas is right. The article says the guy gave up and was begging to be let up. That's according to the witness that called 911, because the wally world goon's wouldn't let up as requested. You're ignoring that. I would have told them once to let up. If they didn't I'd have feared for mine and his life and shot the thugs.

226 posted on 08/23/2005 2:45:04 PM PDT by spunkets
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To: eastforker
never blamed the parking lot for his death, I blamed him for his death, he stole, he ran, he got caught, he died because he stole and ran.

He did not die because he stole. He did not die because he ran. He died, because he was held face-down on the hot asphalt for 20 minutes by five security guards.

227 posted on 08/23/2005 2:46:47 PM PDT by r9etb
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To: eastforker
You said"This is not an example of someone defending their property " what was it then, did that stolen property not belong to walmart?

That part of this situation was already over. Wal-Mart's employees had already aprehended and subdued this man. If that is as far as it had gotten, I would say "good job."

But that's not where it ended. After capturing this man and protecting Wal-Mart's property, these guards proceeded to apply force that ended up killing this man. They killed him after they had succesfully done their jobs.

That's the difference.

228 posted on 08/23/2005 2:46:57 PM PDT by Modernman ("A conservative government is an organized hypocrisy." -Disraeli)
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To: spunkets

I am not ignoring it, I already stated that if the employee thought his life may be in danger by letting him up he had every right to hold him down.


229 posted on 08/23/2005 2:47:49 PM PDT by eastforker (Under Cover FReeper going dark(too much 24))
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To: eastforker
" I already stated that if the employee thought his life may be in danger by letting him up he had every right to hold him down."

Right about the third word is where I pull thte trigger.

230 posted on 08/23/2005 2:50:30 PM PDT by spunkets
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To: Modernman

They did not kill him, yes he died while they held him down but I doubt there was any deliberate action to kill him.


231 posted on 08/23/2005 2:50:30 PM PDT by eastforker (Under Cover FReeper going dark(too much 24))
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To: spunkets

Being from Wisconsin I see where your mindset is also.


232 posted on 08/23/2005 2:52:47 PM PDT by eastforker (Under Cover FReeper going dark(too much 24))
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To: eastforker
They did not kill him, yes he died while they held him down but I doubt there was any deliberate action to kill him.

That is why murder is probably not an appropriate charge here. Manslaughter or a negligent homicide charge would be what should be brought against the guards here.

233 posted on 08/23/2005 2:54:24 PM PDT by Modernman ("A conservative government is an organized hypocrisy." -Disraeli)
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To: Modernman

I doubt that will ever happen.


234 posted on 08/23/2005 2:55:07 PM PDT by eastforker (Under Cover FReeper going dark(too much 24))
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To: Modernman
That is why murder is probably not an appropriate charge here. Manslaughter or a negligent homicide charge would be what should be brought against the guards here.

Full circle, once again. Are you dizzy yet? I am.....

235 posted on 08/23/2005 2:56:04 PM PDT by r9etb
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To: ContemptofCourt
Even in Texas, you can't legallysuffocate a shoplifter to death.

Damn, just damn. You and I pay for his shoplifting. I worked at Lowes for several years and I offered to work 60 hours per week for 50 percent of what I could prove was stolen. They just laughed and said they couldn't afford to pay me that much.

236 posted on 08/23/2005 3:00:10 PM PDT by zip (Remember: DimocRat lies told often enough became truth to 48% of AYou ericans (NRA))
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To: Modernman; eastforker
They did not kill him, yes he died while they held him down but I doubt there was any deliberate action to kill him.

Not deliberate???
Good grief....
If WalMart employees had chased this shoplifter and beat him with aluminum baseball bats from the sporting goods department, I could say, ok, the thief deserved it.
But pressing his flesh against the hot pavement until he was barbecued well-done is downright uncivlized and barbaric.

237 posted on 08/23/2005 3:04:07 PM PDT by Willie Green (Go Pat Go!!!)
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To: Willie Green

I doubt the hot pavement killed him willie.


238 posted on 08/23/2005 3:06:42 PM PDT by eastforker (Under Cover FReeper going dark(too much 24))
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To: eastforker
I doubt the hot pavement killed him willie.

Try walking across that parking lot in your bare feet, THEN tell me that.

239 posted on 08/23/2005 3:12:16 PM PDT by Willie Green (Go Pat Go!!!)
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To: Willie Green
The Constitution doesn't apply to the actions of private individuals, so any claim made will have to be made on the basis of tort law or some relevant state statute.

We'll have to wait for the autopsy results, but I'm guessing he didn't die of being cooked. That might have contributed, though.

240 posted on 08/23/2005 4:13:51 PM PDT by Dog Gone
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