Walmart Shoplifter Dies In Parking Lot

[Sphincter Cop]

THE NEWS VIDEO

By Melissa Jeltsen / HuffingtonPost


A man suspected of shoplifting from a Walmart in Lithonia, Georgia is dead after being in a "physical altercation" with store employees, according to a police report obtained by WSB-TV Channel 2 Action News.

The police report said that the alleged shoplifter left the Walmart through the front door with two DVD players at around 1:30 a.m. Sunday morning. He was detained in the parking lot by two Walmart associates and a security officer.

Police arrived to find the employees on top of the suspect, who was reportedly unresponsive and bleeding from his nose and mouth.

A preliminary investigation indicates the victim was placed in a chokehold by the security officer, reports The Atlanta Journal Constitution. However, the cause of death has not yet been released.

According to a statement from Walmart spokeswoman Dianna Gee, the security officer is no longer working for Walmart, and the two associates involved in the altercation have been suspended without pay.

“This is truly a sad situation," said Gee said in a statement. "We don’t know all of the facts right now. We’re in the process of working with law enforcement to determine all of the facts and cooperating and providing any information we have to assist in the investigation."

[Duchess]

I've always been under the impression that businesses such as this one frowned upon employees confronting thieves.

[QueenBee]

I've always been under the impression that businesses such as this one frowned upon employees confronting thieves.

Yeah..when I used to work in a store we were always told that if someone wanted cash, give it to them, or if we saw someone leaving without paying, do not confront them. Follow out and get description or license plate, but that was it.

[Sphincter Cop]

Let me pose this to you;

Aside from the employees assisting store security in apprehending this thief. They have no business getting involved anyway.

Lets assume this incident goes to a criminal trial (which it probably will) for the death of this thief.

If you were a juror, would you find the security employee GUILTY or NOT GUILTY ?

This is a gut reaction question over getting into the fine details of a case. I don't feel any opinion is wrong, but feel free to state your case why; if you would like.

[username]

Tough one. I guess part of my decision (jury instructions aside for the moment) would be if the security guard/employees were angry and just beat the crap out of the guy or if he died simply during their efforts to restrain him.

[QueenBee]

I say, if nothing else, involuntary manslaughter. When I worked at a store that had securit, these folks were not even rent a cops, just civilians with security training. One thing I know they were taught is the "stand your ground" type thing...if the person runs, do not chase beyond the parking lot. And do not touch, unless it is just to take their arm, if they are not fighting.

[ramseycat]

I think a lot would depend on the employee's actions. Like User said, did the EE beat the crap out of the thief? What prior medical conditions did the thief have? From what I have read so far, it appears the EE went a little far in restrainging the thief if the EE was on top of the dude. It's a shitty situation and I am sure the EE had no intent to hurt the thief but you see what happens when they go above and beyond what they are instructed to do?

[Duchess]

If you were a juror, would you find the security employee GUILTY or NOT GUILTY ?

Guilty. I don't think a rent-a-cop or store employees have any business putting someone in a choke hold.

[username]

If you were a juror, would you find the security employee GUILTY or NOT GUILTY ?

Guilty. I don't think a rent-a-cop or store employees have any business putting someone in a choke hold.

That's an unknown to me and could change my opinion. What were the store's policies and was the security guard authorized (by policy and legally) to attempt to physically restrain a fleeing suspect?

[Sphincter Cop]

My immediate gut reaction is to say NOT GUILTY. If roles were reversed people would be outraged that a thief would have not only gotten away, but may have seriously injured or killed someone in the process. I guess I feel that if this guy would have never did this crime to begin with, he would not be laying in the morgue right now.

I am not excusing the choke hold act; which may sink this now ex-employee. I find that to be very excessive! This technique should never (EVER) be employed by any civillain security worker or law enforcement officer unless their life is put in jeopardy!

[Duchess]

These are an attorney's words, not mine...

A merchant can physically detain you as a suspected shoplifter, but may run the risk of being liable for false arrest, false imprisonment, excessive use of force, and/or assault if his suspicions are incorrect. Walmart can defend this claim by eyewitness testimony or security camera tapes. Need more facts here and what really happened.

Generally a store has a privilege called the "Merchant or Shopkeeper's Privilege" to allow merchants to make reasonable investigative detentions of a customer suspected of shoplifting. Though such laws are not clear as to what exactly constitutes "reasonable" and "detainment". Each case is fact driven. Further, the Shopkeeper's privilege allows for reasonable force and a detainment in a reasonable manner (one hour may or may not be reasonable).