| REFLUX |
From the Houston Chronicles
http://www.chron.com/cs/CDA/ssistory.mpl/front/3301862
quote:
Answers sought in death outside Wal-Mart
Man accused of theft begged to be let up from hot pavement, witness says
By ROBERT CROWE and S.K. BARDWELL
Copyright 2005 Houston Chronicle
A man suspected of shoplifting goods from an Atascocita Wal-Mart — including diapers and a BB gun — had begged employees to let him up from the blistering pavement in the store's parking lot where he was held, shirtless, before he died Sunday, a witness said.
An autopsy for the man, identified as Stacy Clay Driver, 30, of Cleveland, was scheduled for Monday, but officials said results probably would be delayed by a wait for toxicology tests.
Driver's family, as well as one emergency worker, are questioning company procedure, including whether Wal-Mart workers administered CPR after they realized he needed medical attention.
When Atascocita Volunteer Fire Department paramedics arrived, Driver was in cardiac arrest, said Royce Worrell, EMS director. Worrell said Monday he heard from investigators that Wal-Mart employees administered CPR to Driver, but he was not sure that happened.
"When we got there, the man was facedown (in cardiac arrest) with handcuffs behind his back," Worrell said. "That's not indicative of someone given CPR."
Wal-Mart employees referred calls to the Harris County Sheriff's Department, where homicide detectives are investigating the death.
"We're just not able to provide any comment at this time ... ," said Christi Gallagher, spokeswoman at Wal-Mart's headquarters in Bentonville, Ark.
Jim Lindeman, a lawyer representing Driver's family, said the family is devastated. "We're waiting to learn the results of the Sheriff's Department investigation," he said.
No charges have been filed. "The determining factor will be the (autopsy) report in whether we go forward with any charges," said Lt. John Martin, Sheriff's Department spokesman.
Driver lived in Cleveland, where his parents own a small business, Lindeman said. Driver was a master carpenter with a 2-month-old son and was about halfway through taking flying courses to get his pilot's license, Lindeman said.
Employees told investigators Driver had walked out the store with a package of diapers, a pair of sunglasses, a BB gun and a package of BBs, Martin said.
Lindeman said otherwise. "It's our belief he was not shoplifting," he said.
Houston lawyer Charles Portz was outside the store at 6626 FM 1960 East when employees chased Driver into the parking lot Sunday afternoon.
Portz said three employees caught Driver, who twisted and turned until his shirt came off and he broke free and ran.
"They chased him right past me," said Portz, who followed the chase, then saw four or five employees hold Driver on the ground. Driver was pleading with them to let him up, Portz said. "The blacktop was just blistering," he said.
The high temperature at Bush Intercontinental Airport Sunday was 96 degrees.
Portz said one of the Wal-Mart employees had Driver in a choke hold as other employees pinned his body to the ground.
"He was begging, 'Please, I'm burning, let me up,' " Portz said of Driver. "He'd push himself up off the blacktop, like he was doing a push-up.
"About 30 people were saying, 'Let him up, it's too hot,' " Portz said. He said another employee brought a rug for Driver to lie on, but one of those holding Driver said he was fine where he was. "After about five minutes, (Driver) said, 'I'm dying, I can't breathe, call an ambulance,' " Portz said.
Employees struggled with Driver before he was handcuffed, Martin said.
"There was a struggle, and when they finally succeeded after getting him detained in handcuffs, he continued to struggle," Martin said.
After Driver was handcuffed, Portz said one employee had his knee on the man's neck and others were putting pressure on his back.
"Finally the guy stopped moving" and the employees got off him, Portz said. "They wouldn't call an ambulance.
"I looked at him and said, 'Hey, he's not breathing,' but one guy told me (Driver) was just on drugs. I told them his fingernails were all gray, and finally they called an ambulance."
Martin said investigators have no indication that Driver was intoxicated.
He also said a review of surveillance tape showed that nine minutes had elapsed between the time employees "got (Driver) under control and the time EMS showed up."
Worrell said paramedics arrived two minutes, 19 seconds after they received the call. Paramedics performed CPR on Driver en route to Northeast Medical Center Hospital, where he was pronounced dead.
Store employees told investigators Driver entered the store with an item marked with a sticker indicating it had been paid for, then switched the sticker to a more expensive item and tried to leave with it.
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| oldraven |
| What's wrong with the 30 people 'asking' fucking wallmart employees to let the guy up? These are cashiers and shelf stockers. They have no authority like that. |
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| snugs |
quote:
Originally posted by oldraven
What's wrong with the 30 people 'asking' fucking wallmart employees to let the guy up? These are cashiers and shelf stockers. They have no authority like that.
They thought he was going to use that bb gun to shoot down an aircraft or commit some sort of terroristic action.... and for legal purposes it wasn't the walmart employees who killed him, it was the hot asphalt. ;) |
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| Complexity |
| I would prolly start punching out the wal-mart guys if I saw that. Yes, detain him but don't leave the guy to fry on the pavement at 96 degrees. |
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| Miss Nikki Sixx |
Those deaths by asphyxiation because the person was held down too forcefully against their will happens relatively "often".
Saw a Dateline show a while back about that. It was sad, the lawyer defending some company against a mother suing for her son's death (who died in the same manner as that Wal-Mart death) had his own son one yr later died of the exact same way under the care of the exact same company! |
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| GOT BOOST |
Hi Terry,
Thanks for sending that along. I find that really astounding that people would go to great lengths to stop a "shop lifter". Really one needs to weigh the question. Is it worth while to stop a supposed "shop lifter" in a store? Is it worth the risks associated with taking down the "shop lifter"?
Really in my mind, if some one walks off with or switches a product from a shelf that is their problem. They have to live with them selves for doing that. But did the employees really have a" watch" on this guy the entire time he was in the store? He could have dumped the "merchandise" when in the fraction of a second when they were not looking making him no longer a "shop lifter". Yet, to the employees he still is as they did not see him drop the goods. If he were to have left the store with out the goods and he was tackeled as he was, that leaves the store open to a huge lawsuit. Also there needs to come a point that restraining someone against a hot pavement against their will because he or she "shop lifted" is not right. They have the guy, but do they really need to keep applying that much force on a hot pavement. Again if this person has nothing on them, this opens up a whole can of worms in the lawsuit.
I am not condoning shoplifting, but common sence has to play a part. If you see someone shop lifting is it really worth the risks associated with taking them down and looking like a hero, or looking like a primate? They have camera's, they could have just followed him to his vehicle and taken down the licence plate and called the police. Then the police can investigate further. But to go to that extreme to save the store from loosing a few goods is just plain crazy. I believe stores have a budget for things such as goods shoplifted, theft, etc.
Just my $0.02
Mike Nikolai |
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| newaccorddriver |
quote:
Originally posted by Complexity
I would prolly start punching out the wal-mart guys if I saw that. Yes, detain him but don't leave the guy to fry on the pavement at 96 degrees.
i wouldnt punch the employees, i would rip off their shirts and pin them to the ground for a few seconds, see how THEY like the hot asphault.(but that would be after i help the guy thats already on the ground) |
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| penance |
That's messed up!
C'mon outta those 30 people... nobody did anything?
Walmart sells some nice baseball equipment.. ;)
It took 5 Walmart employee's to kill the man.... but would of taken only one sane minded individual to save his life...... BATTER UP! :thumbup: :lol: |
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| newaccorddriver |
quote:
Originally posted by penance
That's messed up!
C'mon outta those 30 people... nobody did anything?
Walmart sells some nice baseball equipment.. ;)
It took 5 Walmart employee's to kill the man.... but would of taken only one sane minded individual to save his life...... BATTER UP! :thumbup: :lol:
their judges tend to be rednecks, so chances are the guy who plays with a bat would end up with a lethal injection or something rather |
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| DelSoln |
quote:
Originally posted by Miss Nikki Sixx
Those deaths by asphyxiation because the person was held down too forcefully against their will happens relatively "often".
Saw a Dateline show a while back about that. It was sad, the lawyer defending some company against a mother suing for her son's death (who died in the same manner as that Wal-Mart death) had his own son one yr later died of the exact same way under the care of the exact same company!
Very true. That is why in my field we are not allowed to do these type of restraints anymore. |
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| Markgase2000 |
| Here goes my anti american sentiments....... I hope all the holder downs (walmart diehards) go to prison for life for trying to save about $20 dollars worth of merchandise! Scary part is more than half the US people would prolly condone this. The value of life in the states has always kinda been a iffy 2 sided coin JMO.................... |
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| oldraven |
The employees will get fired, and Wallmart will make a huge settlement. End of story. Wait for next weeks news, where a wallmart employee tries to play vigilante and gets a bullet between the eyes. :rolleyes:
I don't understand why they would even chase the guy. Imagine making $5/hr and giving a shit about the corporation you work for losing $20, and put their own lives at risk by confronting a criminal. |
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| SketchifisT |
| Thats just brutal was this in Clevland or Houston? either way thats just unreal they should get punished for that. yes you can tackle the guy and detain him but not punish him. That is just unreal they caused his death and if they dont get in trouble for it , i think the family should sue walmart and they will probably win |
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| newaccorddriver |
quote:
Originally posted by SketchifisT
i think the family should sue walmart and they will probably win
if its in texas i doubt they would win. the judges are so anal about everything its not even funny |
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| SketchifisT |
Yeah but the walmart employees did not have just cause. Yes you can be anal but , Theres a line that was crossed. THEY ASUMED he stole it, they did not know he stole it. Maybe in the end he did but at the time they had an asumption of guilt. THey over powered him and had him out numbered to keep him on the pavement like that is stupid and they knew how hot it was cause they are on the pavement as well.
I just find all this utterly stupid , its once again mob mentality of a group of people that cause a death. Sad thing is people watched him die. meh those are my 2cents so yeah |
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| newaccorddriver |
quote:
Originally posted by SketchifisT
Sad thing is people watched him die. meh those are my 2cents so yeah
life is a privilage, people dont have the right to take it away nomatter what the cause, those employees should be lynched for what they did |
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