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Walmart Kills a Man for "Shoplifting" Diapers

Wal-Mart loss prevention workers tackled a man suspected of stealing diapers - a new father with a two month old child - holding him down with a choke hold and knee to the back while he was shirtless on the scalding pavement of a Wal-Mart parking lot in Texas.
Walmart kills a man for shoplifting

Friday, August 19 2005 @ 06:55 PM PDT
Contributed by: Anonymous



Wal-Mart LP's Kill Suspected Shoplifter

Man held down on burning pavement until he died

Wal-Mart loss prevention workers tackled a man suspected of stealing diapers - a new father with a two month old child - holding him down with a choke hold and knee to the back while he was shirtless on the scalding pavement of a Wal-Mart parking lot in Texas.

The incident was witnessed by dozens of shoppers, including a prominent Texas attorney, Charles Portz:

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." He said one of the men had Driver in a chokehold and had his knee in the back of his neck as the men tried to subdue him. "He kept trying to get up and they kept pushing him back down," Portz said.

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." He says he continued to plead with the men, pointing out that the man's fingernails were turning gray. "They said he's just high on something," adding, "They just kept him pinned down for twenty minutes or more until the ambulance came." He said he believed Driver was dead when the ambulance left with him, but he was not certain.

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. He said after the man was handcuffed he continued trying in vain to persuade the Walmart employees to allow him to get up, even pointing out that a second pair of cuffs could be used to attach the ones already on Driver to a nearby truck trailer. "The problem is they kept him down on the blistering concrete with no shirt on," Portz reiterated. He said law enforcement arrived at about the same time as the ambulance.

More:

 http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/3303871

 http://www.zwire.com/site/news.cfm?newsid=15014453

homepage: homepage: http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/3303871


Walmart Kills 21.Aug.2005 21:23

Wild Green

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."

sue WalHell for all they have 21.Aug.2005 22:09

nazi watch

I hope WalHell is sued for millions and millions of dollars.

Peaceful Retaliation! 21.Aug.2005 22:09

Sephiroth

If you live in the area and are bored from lack of action, now's an opportunity! Everybody who shops there needs to know the truth about what happened. Put flyers on their cars, hold signs in front of the entrance, calling for the murder prosecution of whoever killed this 2-dollar shoplifter. That kind of brutality for 2 dollars of shoplifting deserves a big, big, angry protest! But be peaceful, no smashing windows or anything violent!

The price of a packet of diapers, a persons life? 21.Aug.2005 23:20

Tony Blair's dog

Welcome to corporate America!

Where "profit" is god.

Stealing from the Enemy 22.Aug.2005 00:46

@anonymous

Stealing from Walmart is nonviolent direct action. It should be celebrated and retold as are the legends of Robinhood and Jesse James.

All the witnesses are complacent in the death of this man. They watched the mercenaries of the enemy slowly kill a man without taking direct action.

Perhaps he didn't? 22.Aug.2005 01:31

Hillbilly Anarchist

It is unclear if Walmart killed an innocent civilian or a working class hero.

'Lindeman said otherwise. "It's our belief he was not shoplifting," he said.'

bastards 22.Aug.2005 05:02

five finger life support

which is more signifigant? Did he liberate the diapers or did wal mart steal the resources, labor and land used to manufacture them. I would propose a shopping spree action, load up several shopping carts of stuff, check out, then decline to pay and walk out.Or run out with diapers and film thier thugs at work and when the cops show up produce a reciept for the diapers and sue the shit out of them abbie hoffman style.
my condolances to the mans family and child

I've seen it. 22.Aug.2005 09:15

Former EMT-Paramedic in Houston

As a former Paramedic with a volunteer team West of Houston, I've many times been the IN-CHARGE medic caring for a person accused of shoplifting. I've seen civilians maced and physically attacked by Wal-Mart loss prevention personnel. It seemed to me that Wal-Mart's STANDARD practice is to chase shoplifting suspects and use any aggressive physical action necessary to prevent the loss of merchandise.

Though I don't necessarily think shoplifting is OK, I can't imagine how it can warrant any type of physical harm to any person, and most certainly not death.

I have also once picked up a loss prevention person from the store who got his ass whooped by a supposed thief. So much for a safe job, huh?

You'd think by these actions that Wal-Mart is struggling in their earnings or something. Yeah, right.

With RFID, who needs thugs?... 22.Aug.2005 10:58

Pravda or Consequences

Since Wal-Mart inserts transmitters into all its merchandise, why not just track the item and avoid costly law suits and a continued reputation of being the monster that it is.

Apparently there is a price for low prices.

MAL-MART - the real theif! 22.Aug.2005 11:08

jimmy james jumbolaya

Mal-Mart, having stolen so much from the world, wants to make sure the world doesn't steal anything back! And they'll fucking kill you if they have to! Jesus, please protect us from your followers!

F*ck Walmart 23.Aug.2005 01:00

Mr. Smith

F*ck walmart. While I'm not condoning shoplifting, they DO NOT have the right to kill someone, no matter what they've attempted to steal. Walmart and it's principles will all burn in hell. Let's bring hell to them!

Who is Responsible for Death in WalMart Parking 31.Aug.2005 12:56

CJRight teblen1@kc.rr.com

I believe that it is the government-authorized civil recovery demand letters, the subsidy for the retailers, that is contributing to the increasing death and injury of shoplifting suspects outside of the retail stores. When shoplifting, over the past 20 to 30 years was changed by new case law from an attempt to steal in the law to the completed "crime" of larceny, it became necessary for city-licensed LP personnel (secret police) to permit suspects who are under constant surveillance within the stores to exit the stores before they are approached by the LP personnel. After the suspects have carried the merchandise past final checkouts and have departed the stores, they can be stopped, detained, and arrested by the city police for completed larcenies. The arrests become the responsibility of the local police athorities when they respond to the retail stores and write "probable cause" tickets for "stealing", misdemeanor or felony larceny under the law. The city, then, and not the retail store is responsible for the arrest and any prosecution of the matter and the retail owner of the merchandise or his agent does not have to complain to the court. Under law, licensed retail security have the authority to use reasonable force to detain suspects who are resisting detainment/arrest for the crime of larceny. After, and before as well, these suspects have been ticketed or arrested for the crime of stealing, the retailers are authorized under civil recovery laws to demand punitive damages from these criminal defendants under threat of prosecuting them for "shoplifting" under the civil laws of the states. The LP personnel are not required under law to initiate criminal action and have the discretion to initiate only civil actions. The defendants don't have to be found guilty of "larceny" or "stealing" for the purpose of demanding these civil punitive damages by US mail and most "first time" arrested shoplifters are diverted into rehab or into plea bargains where they can avoid a "criminal" record. Punitive damages vary from state to state ---ranging from minimums of $25 to $200 and maximums of hundreds of dollars. The retailers, of course, are proactive in demanding these damages as permitted by law. The retailers are not unhappy when shoplifters are detained until the city police arrive and cite the suspects for "stealing" because it makes the civil recovery demand letters more effective in that the criminally charged defendants are more amenable to paying the civil damages upon demand. Because LP personnel have to allow suspects to exit the stores to prove a completed larceny, it follows that many more suspected shoplifters will be killed OUTSIDE in the private parking lots of the private retail stores of this country. When there is more profit in an arrest than there is in a sale, the outcome is certain. Who is responsible? Normally, if anyone is found responsible, it is the LP personnel who are accused and found guilty of "excessive force". Excessive force is not the policy of the retail establishment or the policy of the city police authority. It is good that the retailers are required by the cities to carry insurance to cover criminal acts of their licensed city retail police and to protect the licensing authority, and it is this insurance on which the survivors of the dead shoplifters must depend if the LP licensed security is found to be criminally liable for contributing to the death of their loved one because of unreasonable and excessive force. The subsidy for the retail corporations is complete and the city stands between the retailer and the survivor of the dead shoplifter. But, isn't it the civil recovery laws, the subsidy, that is contributing to the increasing numbers of suspected shoplifters who are killed or injured outside of the retail stores of our country?

Bastards is right 18.Feb.2006 06:25

Anonymous

those assholes! they kill a man for a loss of aprox. $2.00, sick bastards

Does anyone have information about the effectiveness of the civil recovery law? 13.Jun.2006 12:10

mother of a wayward son con2her@aol.com

Hi, I have a son who shoplifted from Wal-mart and was caught. It was his first offense although I'm not stupid enough to think if was his first time to do so. He pleaded guilty to a misdemeanor and is currently paying the fine and costs. The store recovered the merchandise. Now he is receiving what amounts to threats that if he doesn't pay Walmart a $300 recovery fee, he will be sued. I'm all for preventing shoplifting and I'm certainly not defending my son, but enough is enough. How does this law work? I've read enough to know that they send you letters. My son called and now they are saying they will turn it over to an attorney. He offered to pay in 2 weeks because he is currently paying the fine and they say that wasn't quick enough. What happens if he does pay the civil recovery cost? Thank you for any info.

paying thousands for $12.00 roses! ....to unmerciful Walmart!!!! 13.Aug.2006 20:10

annonymous

My sister was crucified by Walmart in Houston. She was inside the store paying for something, when her girlfriend (unknown to my sister) put some roses in the trunk of her car. My sister started pulling away, and her girlfriend told her what she had done. My sister was in the midst of turning to exit the parking lot, and turned back when her friend(?) told her. She stopped, and about that time, an off duty policeman stopped in front of my sister's car! They were both treated like murderers and the handcuffs were as tight as they could be! Her girlfriend had a lengthy record from before they had met, and my sister had one prier from over 12 years before! My sister had had some problems with antidepressants, but had been off of them for more than 10 years. Had no record after that.
Because of her prier and her friend's many (unknown to my sister) priers, my sister got charged with a felony for this girl's $12.00 worth of roses... charge felony under $50.00. Can you believe this?
The other woman got nicer judge, and a substitute at that, and this woman with matronly looks, got nothing but a $300.00 fine, and that was that!!!!!
My sister, the younger prettier of the two, got the meanest judge in history: Belinda Hill who's
trying to take Judge Poe's place, reputateion wise, and is winning! HILL, though she and her daughter were kidnapped and threatened with an inch of their lives by someone who had been before her, is not nicer, but is hardened!!! Hill gave my sister every single fine she could possibly give her, and 120 hours of communithy services. She also gave her two, yes 2 full years of probation! My sister has paid in thousands of dollars, in probation and court fees, and $2000.00 for an attorney. She has another year to go, paying these fines!
There is a catch 22, in the creminal justice system, in Texas at least: you can not get a decent job without passing a criminal background check!

My sister is one who will make it, because she is not really a criminal, but most people who shoplift, do not have the family values and support system that we have.

She can babysit, because she keeps it in the family, but most people have to turn back to crime to pay the bills, and to simpluy eat!

Like the hardened, and cruel judge Hill, Walmart is usually cruel and unusual in the punishment department also. This chain gives nothing back to the people, and HIRES ILLEGAL ALIENS! Walmart should, and I hope they have to pay through the A-- for killing a man who needed baby diapers!!!

I am so sorry that man was MURDERED by Walmart, and those murderers are the type of persons, who would get off in the courtroom of a Judge Hill, such as Andrea Yates (yep, she was her judge)! Killed 5 kids!

A Two Dollar shoplifter would be killed and hung in such courts, but a woman can murder her children or Walmart representatives can kill a man for needing diapers (he's ofcourse the wrong color to be able to get them through welfare!) and the likes of Belinda Hill go on JUDGINGGGGGGGGGGGGGGGGGGGGGGGG!

How unfortunate it is that there is NO JUSTICE in this country, most of the time, not for real people!
Anyone can claim to be insane, but if it is a person who is really suffering from depression, and does something that could be handled with a fine, and some theropy, hey! In Texas that is not happening! You can't even get theropy in jail! Judge Hill also threw in 2 weeks in jail, for good measure, after telling my sister that she must not hang out with criminals or be in the presence of anyone with questionable character. My sister said she nearly died, hearing the non-vocabularies of those incorserated people; every other word was the F word! She said if she ever hears that word again, she will scream bloody murder!
The two weeks in jail were for being late, when she went to every parking lot, and could not park her car! ..oh yes, that was another expense, Walmart would not let a family member pick up her car, when she was arrested/it was impounded!

Now she needs a job, but it is pretty sad when you can not even get one at WALMART!!!!!!!!!!!!!!!!!!!

RE:paying thousands for $12.00 roses! ....to unmerciful Walmart 09.Jun.2010 20:54

madeup

dont you miss the good ol days when you get caught stealing and they would just shoot you and be done with it?