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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: JamesP81
" Killing someone for trying to make off with a pack of diapers is inexcusable."

Without a crystal ball, final consequences of actions are a little bit hard to determine. Maybe the lesson is not to put yourself in situations where you may be chased for stealing, run from your pursuers, pushed to the hot blacktop and ultimately die. I'm sure the employee's didn't go to work that day hoping to chase someone down and sit on them until they checked out.

It's an avoidable death, and most of the actions could have been avoided by the victim.

41 posted on 08/23/2005 11:25:01 AM PDT by libs_kma (USA: The land of the Free....Because of the Brave!)
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To: vrwc0915

um....Walmart dudes can handcuff you if they think you've stolen something? I'm thinking there may have been a problem there.


42 posted on 08/23/2005 11:27:32 AM PDT by duffthor (Is it fishing time yet?)
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To: vrwc0915

um....Walmart dudes can handcuff you if they think you've stolen something? I'm thinking there may have been a problem there.


43 posted on 08/23/2005 11:27:32 AM PDT by duffthor (Is it fishing time yet?)
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To: eastforker
Texas

Thanks

Playing Devil's advocate.

Seems to me he died after he was in custody and was asking for medical attention. Does Texas have a law against Homicide as a result of torture?


44 posted on 08/23/2005 11:27:34 AM PDT by darkwing104 (Let's get dangerous)
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To: trubluolyguy

and don't shop from Wal-Mart. They will kill the American economy.


45 posted on 08/23/2005 11:28:09 AM PDT by Uncle Joe Cannon
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To: libs_kma
It's an avoidable death, and most of the actions could have been avoided by the victim.

So then, who is the more guilty? The man who stole something inconsequential, or the one that killed him for it.
46 posted on 08/23/2005 11:29:06 AM PDT by JamesP81
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To: darkwing104

I am not sure about that but they did have the right to restrain him. If one of the employees had died of a heart attack chasing him the perp if he didn't die could be charged with murder. Property right are prety strong here in Texas.


47 posted on 08/23/2005 11:31:02 AM PDT by eastforker (Under Cover FReeper going dark(too much 24))
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To: JamesP81

OK, at what point is the value of something stolen worth pursuing.$10, $20, $100 ???


48 posted on 08/23/2005 11:32:49 AM PDT by eastforker (Under Cover FReeper going dark(too much 24))
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To: duffthor

I only lived in TX for a few years but yes I think they can.


49 posted on 08/23/2005 11:32:53 AM PDT by vrwc0915
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To: Lazamataz

Indoobitably


50 posted on 08/23/2005 11:33:17 AM PDT by rabidralph
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To: thefactor
true, but should this guy be dead?

Depends on what he died of. I guess they'll do an autopsy and determine whether he had a heart attack or whether something the employees did actually harmed him. I would bet it is the former (or something like it).

51 posted on 08/23/2005 11:35:04 AM PDT by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: thefactor

Not to mention that an obese male with lots of abdominal fat can actually be put in a position where the heart cannot contract due to the increased pressure of the fatty tissues surrounding it. In my facility when we take down these types, we immediately put them on their side as soon as they have been subdued and restrained.


52 posted on 08/23/2005 11:35:18 AM PDT by tertiary01 (It took 21 years but 1984 finally arrived.)
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To: vrwc0915

Wow...so lets assume these WalMart guys thought the dude had stolen something....they tackled and killed him...and he turned out to have nothing...or a receipt for whatever it was they saw.

It seems there is a bit of a policy problem here.

The way things are, if I'm walking through Walmart and just happen to stick my hands in my pockets, or, as actually happens to me quite often, I buy some fishing line and the beepers go off at the door, Chuck in housewares has the right and duty to kick my a$$?


53 posted on 08/23/2005 11:36:20 AM PDT by duffthor (Is it fishing time yet?)
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To: JamesP81
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."

"...One thirty-two and Bush, I've got him at gunpoint...."

54 posted on 08/23/2005 11:37:19 AM PDT by RichInOC ("Bad boys, whatcha want, whatcha want, whatcha gonna do when Sheriff John Brown come for you...?")
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To: thefactor
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.

I agree. He wouldn't have run if he had a receipt.

even if he stole the hope diamond, he should be in jail and jail only.

That's the plan. But if the guy suffered a heart attack from running or something, that's not the fault of the security guards.

I'd be interested to see a follow up story with autopsy results.

55 posted on 08/23/2005 11:38:43 AM PDT by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: JamesP81
Without the original act, there is no end result. I think people that steal, who know there are going to be people trying to prevent it, have no reason to complain if something goes wrong. Lawyers and civil rights activists make these situations a lifes work, but take it back to its base form and its an issue of common sense.

I don't think the employees were trying to kill the guy, but things went bad. Things wouldn't have gone bad if he hadn't started the chain of events

56 posted on 08/23/2005 11:39:49 AM PDT by libs_kma (USA: The land of the Free....Because of the Brave!)
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To: duffthor
I buy some fishing line and the beepers go off at the door, Chuck in housewares has the right and duty to kick my a$$?

I presume you wouldn't run when Chuck came to question you about it. If not, then there wouldn't be any reason for Chuck to kick your behind.

57 posted on 08/23/2005 11:40:11 AM PDT by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: JamesP81

"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."


Now you know why they are Walmart security and not physicans.


58 posted on 08/23/2005 11:40:17 AM PDT by BadAndy (Back from temporary moderator-induced exile.)
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To: Dog Gone; martin_fierro
I don't have much sympathy for shoplifters,
But frying 'em like an egg on the hot asphalt of a WalMart parking lot DOES violate the Constitutional prohibition of cruel and unusual punishment.

It sounds like one helluva nasty way to meet your Maker IMHO.

59 posted on 08/23/2005 11:41:20 AM PDT by Willie Green (Go Pat Go!!!)
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To: eastforker
Property right are prety strong here in Texas.

I am big on property rights also.

The way I am reading this the Walmart Employees were negligent once they had the accused in custody and didn't provide any medical assistance and there are plenty of witnesses. This just smacks of big lawsuits.

I wonder if the Police got the videotapes from Walmart, they don't like to give them up.


60 posted on 08/23/2005 11:42:23 AM PDT by darkwing104 (Let's get dangerous)
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