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
"Can you smell the lawyers?"
Is that what that is? I thought my neighbor was gutting fish.
Sorry, but you can't kill someone for stealing diapers and a bb gun.
he should be in custody. and if the employees followed procedure, he would be in jail, not the morgue. all LPO's are trained (or should be) to know that once you subdue someone, you sit them upright. walmart will settle this for a lot of money and see to proper training of all employees.
Shopping at Walmart? Things must be really slow for a High Profile Attorney to be caught shopping with us common folk.
Well actually in Texas you can.
She may have ended up dying and it was covered up.
I don't justify what she had done; they pulled stuff out from under her skirt, but the way they brutally handled her was uncalled for. I didn't and don't have a cell phone it was several years ago, but no one came forward to plead for her, but if I ever see anything like that again, I'll scream and raise holy h*** even if I end up getting arrested, that's how bad I felt and still feel about it.
I will never forget that.
well, it says the items were found in his possession. the only question was if he paid for them or not. my guess is no, he did not. even if he stole the hope diamond, he should be in jail and jail only.
2. Is it legal for a walmart employee to shoot a suspected shoplifter in Texas?
No it did not it was attoscosita Texas, the perp was from cleveland Texas.
He didn't shoot him but legaly I believe yes they can if there is no other way or if just trying to use force there would be danger from the perp. Shall I cite you the law?
BTW, does Texas law allow a storeowner to kill a suspected shoplifter?
I believe they legaly could, especialy at night.
Seems to me like a slam-dunk case....Walmart's employees f-d up.
9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.
Texas Penal Code, Chapter 9, subsection 41 and 42 - also known as 9.41 and 9.42.
§ 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person
in lawful possession of land or tangible, movable property is
justified in using force against another when and to the degree the
actor reasonably believes the force is immediately necessary to
prevent or terminate the other's trespass on the land or unlawful
interference with the property.
(b) A person unlawfully dispossessed of land or tangible,
movable property by another is justified in using force against the
other when and to the degree the actor reasonably believes the force
is immediately necessary to reenter the land or recover the
property if the actor uses the force immediately or in fresh pursuit
after the dispossession and:
(1) the actor reasonably believes the other had no
claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using
force, threat, or fraud against the actor.
Unless you are shoplifting a shirt.
Texas
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