Grandfather Bloodied, Cuffed, Charged in Black Friday Confusion

A video posted online today shows a bloodied and unconscious grandfather shortly after bystanders said police threw him to the ground inside a Buckeye, Ariz., Walmart.
Witnesses told The Associated Press that Jerald Allen Newman, 54, had put a video game in the waistband of his pants quickly Thursday evening, as he bent over to pick up his young grandson, who had fallen down in the midst of Black Friday chaos and had cut his lip.
At that moment, witnesses said police pounced on Newman and slammed him to the ground, thinking he was shoplifting.
Video captured by shoppers shows police turning Newman over and sopping up the blood from his face and unconscious body with paper towels.
Bystanders yelled, “That’s police brutality! He wasn’t doing anything!” the AP reported.
“You would have thought there was a cure for cancer in this box,” shopper Skyler Stone told Fox affiliate KSAZ. “I mean people were literally going insane.”
Stone said the little boy began bawling his eyes out and yelling for his grandfather.
Buckeye police told ABCNews.com there is more to the story that the video doesn’t show.
“There are four minutes before the video was taken that were not captured,” said Larry Hall, assistant police chief. “A specific video game was being released at that time. Everyone was grabbing at the boxes. One of the Walmart employees saw the suspect take a video, stick it into his waistband and conceal it. ”
Hall said a Walmart employee took Newman by the arm and escorted him to two off-duty police officers who were working as Black Friday security.
“The officer got one cuff on him and the gentleman was like, ‘I’m not going to jail!’” Hall said.
After the officer placed one cuff on Newman, Hall said a struggle ensued.
“He went 30 feet across the Walmart to the front doors. It appeared as if he was trying to escape,” he said.
At that point, Hall said the officer did a leg sweep, knocking Newman to the ground.
He was treated at a nearby hospital, where he received four staples in his head and was then taken into custody on charges of shoplifting and resisting arrest.
“There are a lot of different ways the suspect could have handled this,” Hall said. “He could have tried to explain himself first, but instead he chose to resist arrest.”
Read about more mayhem this Black Friday:

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What a load of BS!!!! It’s not shoplifting unless he left the building without paying. Therefore, he was placed under citizens arrest illegally!!!! I hope he sues the hell out of everybody involved and wins big time!!! If I’m on a jury for his case he’ll get all the money he asks for!!!
Posted by: Ron | November 25, 2011, 5:15 pm 5:15 pm
How can he be arrested for shoplifting when he had not even left the area, much less the store with the item? Does this mean that in Buckeye, you can be arrested for shoplifting everything in your shopping cart since you haven’t paid for it yet? These cops overreacted.
Posted by: Rose | November 25, 2011, 5:17 pm 5:17 pm
Even though he hadn’t yet left the store, he clearly demonstrated INTENT to steal by walking toward the door.
Posted by: Tee-Jay | November 25, 2011, 5:33 pm 5:33 pm
Looks like the cops over reacted. I’d like to know if this grandpa with his grandchild, wife in tow has any prior records for shoplifting.
Posted by: youkiddinme | November 25, 2011, 5:37 pm 5:37 pm
It’s unfortunate they had to stop him and he got hurt, but everything he did demonstrated he should be arrested. There was a witness to him concealing merchandise. That’s shoplifting. He resisted arrest.
Posted by: lo | November 25, 2011, 5:38 pm 5:38 pm
Walmart deserves all of the bad press it gets.
Sam Walton should be turning over in his grave.
Posted by: edward eubanks | November 25, 2011, 5:41 pm 5:41 pm
If you smile in a “Do Not Smile” zone, the cops will beat the living crap out of you anymore. Too many of our law enforcement officers see their role as that of a SS thug…Kill or maim first, ask questions later..
Posted by: munster42 | November 25, 2011, 5:47 pm 5:47 pm
It’s not stealling unless you leave the store. Very bad Police training. There is no excuse for this brutallity. They wouldn’t have given him the oportunity to explain.
Posted by: dlred | November 25, 2011, 5:57 pm 5:57 pm
With all the training these officers are suppose to receive, they listened to a Walmart employee? They’re stupid and very dangerous.
Posted by: dlred | November 25, 2011, 5:59 pm 5:59 pm
I get the feeling we’ll be seeing more video of this and I bet it shows he was just helping his grandson like the story says. His mistake was placing the item in his waste band to pick up his grandchild. In Az concealment is considered shoplifting. Too bad no one has any common since these days.
Posted by: bp | November 25, 2011, 6:05 pm 6:05 pm
““He could have tried to explain himself first, but instead he chose to resist arrest.” Maybe they shouldn’t have been putting him in cuff first then.
Posted by: bp | November 25, 2011, 6:11 pm 6:11 pm
“Slamming” a person to the ground for shoplifting?? I would expect that from the “knuckle dragging” private security staff at a Walmart – but WTH are police doing “patrolling” a private business for shoplifters?
Posted by: yeah.i.said.it | November 25, 2011, 6:14 pm 6:14 pm
he was resisting arrest people. Even if the arrest is not lawful one can not resist.
Posted by: Tjackcity | November 25, 2011, 6:17 pm 6:17 pm
Why not just shoot the guy? It’s more in line with the store attitude.
Posted by: Dave | November 25, 2011, 6:30 pm 6:30 pm
I LIVE IN PA. I HAVE BEEN IN RETAIL STORES OF ALL KINDS,OVER 20YRS, IT WAS ALWAYS OUR RULE THAT YOU DON’T PERSUE THE SHOPPER UNLESS HE IS IN THE PARKING LOT WITH THE ITEM OR ITEMS HE OR SHE HAS STOLEN,IF THEY GET AWAY YOU TAKE DOWN THE PLATE ON THE CAR AND GIVE A DETAILED DESCRIPTION OF THE PERSON.THE COPS HAVE GONE WAY TO FAR,I HOPE HE SUES AS WELL.IF I RAD CORRECTLY HE WAS TENDING TO HIS GRANDSON DUE TO THE CROWD,HE DECIDED TO CARRY HIM,CAUSE PEOPLE WERE ACTING CRAZY IN THE STORE.
Posted by: cynthia | November 25, 2011, 6:40 pm 6:40 pm
SEEMS LIKE THE GUY DIDN’T HAVE A CHANCE EVEN IF HE WOULD HAVE EXPLAINED,THEY JUMPED TO CONCLUSIONS,AS ALWAYS,GOTTA MAKE THERE QUOTA(COPS).HERE IN PA.YOU CAN ONLY PERSUE THEM IF THE IN THE PARKING LOT.
Posted by: CYNTHIA | November 25, 2011, 6:43 pm 6:43 pm
They must have thought he was an Occupy Wall Street Protester
Posted by: Republicanslie | November 25, 2011, 6:43 pm 6:43 pm
tjackcity, you are living in the wrong country. Try China.
Posted by: John M | November 25, 2011, 6:45 pm 6:45 pm
“Even if the arrest is not lawful one can not resist.” ~~~~~~~~ Wrong. The right of a citizen to resist an unlawful arrest has been upheld in numerous cases, including ones that have gone all the way to the Supreme Court. (See State v. Mobley, Adams v. State, State v Robinson, Jones v State, Runyan v State, Plummer v State, etc…)
I don’t know for sure whether this Grandpa was trying to steal or maybe tucked the merchandise to pick up his grandson, as indicated in the story, but what I do know is that there appears to be probable cause for a shoplifting arrest and the suspect attempted to flee. I’m sorry the man was hurt when he fell after having his legs swept out from under him, but it doesn’t appear the police used deliberate excessive force.
Posted by: Minorkey1 | November 25, 2011, 6:53 pm 6:53 pm
Welcome to walmart.. All we want is your money… Customer service hmmmm don’t have any of that around here.. We do have over the top cops looking to kick some old man booty though..
Posted by: WallyBalls | November 25, 2011, 6:54 pm 6:54 pm
If he was still in the store it is not shoplifting. They screwed up. They can’t prove he was going to leave the store without paying. You are supposed to wait until they are actually outside of the store. I feel sorry for the kid. He must have been terrified.
Posted by: Nicole | November 25, 2011, 7:00 pm 7:00 pm
Sad, but not surprising. Walmart has proven time and again that their massive profits are far more important than any person on earth. The fact that Walmart literally bought the police to do their dirty work is just icing on the cake.
Posted by: DanDan | November 25, 2011, 7:12 pm 7:12 pm
This is ridiculous. Did not leave the store. HE obviously was not going to put the game on the ground because someone else would take it, and how would he be able to hold his grandson who was crying and carry a game at the same time. Intent my ass. Those police officers should be charged with aggravated battery and illegal use of force since he DIDN’T DO ANYTHING WRONG. If he went outside the premises of the store than that would be a different story.
Posted by: pete | November 25, 2011, 7:17 pm 7:17 pm
In the article it said they had put on side of the cuffs on, the guy ran, they took his feet out from under him and he fell. It looks to me, though, if you watch the first few seconds of the video, as if they are just putting the cuffs on. I wish there was more video or if some of the witnesses had be interviewed for the article or something. Still, he hadn’t left the store yet. The police and employees were probably warned that there would be shop lifting so the might have been hypersensitive and over reacted. I wonder how this will play out.
Posted by: Phebie | November 25, 2011, 7:18 pm 7:18 pm
what a turn of events it would have been if all the customers in the store pounced in the police officers.
Posted by: Sean | November 25, 2011, 7:20 pm 7:20 pm
I wish this would of happened to me. I have a lot of bills to pay. Shoplifting does not occur until you have vacated the premise with the unpaid merchandise. Simple as that. If every person would stand up to illegal enforcement, you would see this type of behavior from law enforcement disappear.
Posted by: Michael | November 25, 2011, 7:27 pm 7:27 pm
He could very well have been shoplifting, but I’ve never seen an instance of it being handled that way. I worked retail and we always handled it very discreetly. There’s way too much room for error with people simply being forgetful or having their hands full – make a mistake and bad publicity will damage you far worse than the shoplifting. Moreover, you generally want to wait until the person is heading out the door to firmly establish intent. The cops basically bungled it, from what I can tell.
Posted by: JrzWrld | November 25, 2011, 7:33 pm 7:33 pm
one word…lawsuit!
Posted by: Vicki | November 25, 2011, 7:35 pm 7:35 pm
This is beyond sad this should have never ever happened and that is a fact.
Posted by: Carol | November 25, 2011, 7:38 pm 7:38 pm
if he did not have a cart and needed to pick up his grandson where else do you think he would put it., and was he heading for the door or the cashier in front of the door. plus in Mich it does not matter until you get one foot out the door, it is not shoplifting., and these were private dicks not police so they had no right to handcuff them or throw him to the ground. i do not care what state you are in he did not leave the property without paying for it.
Posted by: george | November 25, 2011, 7:41 pm 7:41 pm
Shamefull, I eat doughnuts in the store before I pay for them. Should I get beat up for that? This fellow waited a long time and had thngs that he felt he would miss out on. Come on!
Posted by: Kerry N | November 25, 2011, 7:46 pm 7:46 pm
Got to “love” all the replies to this article. Claiming they wish it had happened to them so they co0uld sue. Grow up! We do not know even half the story. A few seconds of a video clip is not enough to judge what happened. I work in retail and for many businesses cops are necessary to keep all the people inline. Especially people like tjackcity and some of the other ignorant individuals on here.
Posted by: heat | November 25, 2011, 7:47 pm 7:47 pm
Walmart is so big it thinks it can do anything it wants. The Guy did NOT steal and no one can prove “Intent” as they cannot read his mind at the time he alledgedly put the game in his waist band. The cops were OFF DUTY and should be fired period. if they can use EXCESSIVE force, off duty imagine what they do ON DUTY. To that HALL guy, the OFFICERS could have handled it differently, to TALK to the guy, but THEY chose to THROW him into the ground and THEY CHOSE to cut up his scalp.
Posted by: WalMart =Organized crime | November 25, 2011, 7:52 pm 7:52 pm
The dude hadn’t even left the store.. That’s not shoplifting!! He’s got a dam good case against that police department! I hope he nails them to the wall!
Posted by: Confused in Mississippi | November 25, 2011, 8:07 pm 8:07 pm
I am never shopping there again. I didn’t use to be concious of all the cameras and security and felt more relaxed, but now make a mistake and it happens, especially if your carrying other things, of any kind and they are right on you aggressive as can be. So I am never going there.
Posted by: Brian | November 25, 2011, 8:23 pm 8:23 pm
I think we need more details between the time he tucked it in his wasteband and his being “thrown” to the ground. Just seems somethings missing.
Posted by: RAS | November 25, 2011, 8:31 pm 8:31 pm
I was at the Walmart in Scarborough Maine today trying to leave when one moron employee on a power trip grabbed my cart, accused me of shoplifting and threatened to detain me! Walmart is a wart upon our society and represents the worst of our country. I am not the least bit surprised that they are beating up grandpas. My days of shopping there are over!
Posted by: Emma | November 25, 2011, 8:50 pm 8:50 pm
What about those personal shopping bags that many people bring with them to shop. Since they would be placing store items into a non-store shopping bag would that not constitute shop-lifting?
Just one more reason NEVER to shop at Wal-Mart. They treat you like a criminal when you enter the store and when you leave (What’s in that bag, slave? Let’s see your receipt, slave.).
Wait until the greeters are replaced with TSA.
The well-conditioned slaves will still continue to shop there.
Posted by: prizm1 | November 25, 2011, 8:52 pm 8:52 pm
I’m a 52 year old woman and I could have held the video game and picked up my grandson at the same time. Then there’s the part where instead of having a conversation with them he took off. Shop lifter. Even old people do it.
Posted by: lexingtonlady | November 25, 2011, 9:32 pm 9:32 pm
Why would you take a young child with you to the store? Makes no sense. I don’t know if he was shoplifting or not, but it’s obvious he’s not the sharpest tool in the shed.
Posted by: Tgee | November 25, 2011, 10:12 pm 10:12 pm
The guy panicked. Sounds like he stuck in his waist band in order to pickup the child. We all know the brain level of some Walmart employees, plus you add to that police who tend to jump the gun everything and you have chaos and a bloodied shopper. Since he was spotted by the smart employee, why did they not just follow him to see if indeed he was trying to shop lift. If he had in fact stepped out the door, you got him. No, you decided to make the jump to quickly, now you have a suit to worry about. P:olice could simply have been waiting at the exit to see if he would exit without paying for it. Now no one will konw. Next, peoples court!
Posted by: Lonewolf | November 25, 2011, 10:42 pm 10:42 pm
minorkey1- you are wrong. Please see the case of the State of Arizona v. Arnulfo Flores. Please keep in mind that you yourself said
…”but what I do know is that there appears to be probable cause for a shoplifting arrest and the suspect attempted to flee. I’m sorry the man was hurt when he fell after having his legs swept out from under him, but it doesn’t appear the police used deliberate excessive force.”
As long as there is probable cause and the police don’t use deliberate excessive force one can not resist an unlawful arrest. One can sue later if the arrest was found to be unlawful, but one can not resist.
Posted by: tjackcity | November 25, 2011, 10:45 pm 10:45 pm
I used to use Walmart for just a convenience store-now I won’t shop there at all.
Posted by: Karen | November 25, 2011, 10:51 pm 10:51 pm
I am never setting foot into a Walmart again. For two reasons. The clientele seems like absolute dregs of the earth. And the mgmt seems intent on killing their customers for taking care of their kids. Goodbye Sam…
Posted by: Joe Customer | November 25, 2011, 10:54 pm 10:54 pm
To those of you that say it can not be theft because he did not exit the store ( or leave the area), I hate to tell you but the act of concealing an item, whether you fully hide it or place in a waistband is enough to charge you with theft in most jurisdictions.
Posted by: Eagle502 | November 25, 2011, 10:54 pm 10:54 pm
if this guy turns out to sue the PD, I will absolutely bankroll him. The police need to get stung back here. They can’t act completely out of control because they carry a badge.
Posted by: Legal Beagle | November 25, 2011, 10:55 pm 10:55 pm
Over reaaction and lack of common sense. This needs to be thoroughly investigated. I smell a cover up.
Posted by: Steve | November 25, 2011, 10:56 pm 10:56 pm
“It’s not shoplifting unless he left the building without paying.”
100% false. The law in many states regard the act of concealment as shoplifting. Arizona is one of those states (I just googled it, so feel free to do so yourself). The instant he tucked it in his waistband, he committed a crime. The fact that he didn’t leave the building is totally irrelevant.
This isn’t police brutality, either. If someone resists arrest, they can and will use force to subdue them. If you don’t want to get messed up, cooperate with them by not running and keeping your mouth shut. It’s literally that simple, so don’t complicate matters by being stupid.
Posted by: AmericaThePitiful | November 25, 2011, 11:01 pm 11:01 pm
Your country has become a fascist police state with immoral laws. A Christian nation you are no more.
Posted by: dcman | November 25, 2011, 11:02 pm 11:02 pm
Good to see so many ignorant posters on ABC. Don’t even read the whole article before posting their stupidity. Right there in the article it says he was being handcuffed by the police after an employee saw him stuff it in his waistband, he ran after the police tried to cuff him. But ABC knows most people only read the first paragraph so they put everything to make Walmart and the police look bad in the first paragraph then come back and contradict the first half with the real account of what happened.
Posted by: rylin25 | November 25, 2011, 11:11 pm 11:11 pm
America is great and that is why most of the world wishes they were here. I am not sure who AmericaThe Pitiful is but hopefully surely he is not living here. Americans might be having hard times but every American pulls together when we need too because our forefathers made sure this country was founded on democracy and the peoples rights for free speech. I am sorry you so deply hate us but we love you anyway. God Speed.
Posted by: Steve | November 25, 2011, 11:14 pm 11:14 pm
“if this guy turns out to sue the PD, I will absolutely bankroll him.”
That would be a waste of money. Two words: probable cause. By resisting arrest for a misdemeanor like shoplifting (which they probably wouldn’t have held him for), they have every reason to believe that he is guilty of a more serious crime, and by virtue of that: a threat to public safety. They not only had the right to take him down like that, the police were obligated to. They didn’t shoot him, so there would be no lawyer on the face of the planet who could argue that they used excessive force after he ran.
You people need to wake up and realize that the police are authority figures and running away is nowhere close to being an acceptable means of dealing with what you interpret as a false arrest. Even if you didn’t do what you were accused of, by running you’re guilty of a crime.
Posted by: AmericaThePitiful | November 25, 2011, 11:15 pm 11:15 pm
This is typical of Walmart security. They ALWAYS overreact to things. I was in a Walmart in Alabama in 2008. There was a young man who was pretty big, but was autistic. I saw him walking towards his mom in a little nail place in the store. One of the employees from the electronics suddenly grabbed him and said he was stealing and had to come with him. This 6 foot tall young man began to cry and call for his mamma. I started over to try to help him because I have an autistic son. That’s when the employee jerked the game out of his hand and threw a punch at the boy.. The boy shoved the guy back and a police officer tackled the young man. They held him down on the floor with his dad and mom trying to get him calmed down. Another officer got there and I told him that the young man didn’t try to hit the Walmart employee, I had seen everything. That’s when the Walmart employee snuck off out of sight. The young man was arrested. When the police dept. and Walmart found out I would testify for the young autistic man, they dropped all charges. But they had traumatized the boy so much he now won’t go out of his house. Tackling an old man and claiming he was shoplifting and resisting arrest (when he obviously wasn’t) is typical. That’s why I will NOT go to Walmart for ANYTHING.
Posted by: Cindbird | November 25, 2011, 11:21 pm 11:21 pm
“Your country has become a fascist police state with immoral laws.”
Oh yes, such immoral laws. You know, like laws that prevent people from stealing. Such a shame that I don’t live in a country that refuses to protect it’s citizen’s property and allows people and businesses alike to be robbed blind like you apparently do.
“A Christian nation you are no more.”
A Christian nation we never were.
Posted by: AmericaThePitiful | November 25, 2011, 11:28 pm 11:28 pm
“This is typical of Walmart security.”
Maybe try reading the article next time. They turned him over to the police.
Posted by: AmericaThePitiful | November 25, 2011, 11:30 pm 11:30 pm
Cops always make up excuses for their brutality. They’ll say that “oh, you didn’t see what happened before he got all bloody, he did it to himself!!!! We didn’t touch him!!!! He just kept beating himself up!!!!! Yeah uuuh OK
Posted by: Pamela Crout | November 25, 2011, 11:58 pm 11:58 pm
Afterwards, the cops shut down three lemonade stands and threw the operators in jail. Sacred cows at work.
Posted by: Johnson | November 26, 2011, 12:45 am 12:45 am
The question isnt what happened before this…. The question is “Did the cops really feel the need to brutally bash someones face into the floor?”…. What is this world coming to…… The cops are just like, “What we are doing our job”…. Didn’t think to serve and protect meant to seriously injure a person with their grandson in their arms???
Posted by: Heather | November 26, 2011, 1:25 am 1:25 am
I just LOVE all the folks who are quick to say “well he resisted arrest so deserved it.” Yet they don’t factor in WHO said he was resisting arrest. This incident is all over various news sites and the ONLY person saying he flailed his arms, resisted and ran IS THE POLICE CHIEF! Mutliple, MULTIPLE witnesses ALL claim he was cooperating and NOT resisting in any way and the cop swept his leg under while walking alongside the man and knocked him to the floor. Funny how people will take the word of the police (a man who wasn’t even there) over multiple eyewitnesses who WERE there and saw it all, to INCLUDE a CNN reporter.
Posted by: cceri | November 26, 2011, 1:34 am 1:34 am
AZ law enforcement is a joke. They’re nothing but overpaid, undertrained trolls who use excess force because they’re too dumb to follow civil rules. Combined with Wallymart’s secret service, things can get out of hand quickly. If the gentleman is found innocent, I hope he sues both Wallymart and the Buckeye PD.
Posted by: Arizonasux | November 26, 2011, 1:39 am 1:39 am
of course abc leaves out the part where the grandson runs up screaming and yelling for his grandpa. the man was there with grandson for chrisake. more pigs protecting and serving corporate intrests.
Posted by: doctorfugazi | November 26, 2011, 1:45 am 1:45 am
There is a second clearer video on youtube now showing the game wasn’t even “concealed”.
I noticed the Pro “Cult of Public Safety” people ignore the fact that these were off-duty cops and not really legally allowed to place a hand on anyone.
Also, I not the pro swatguy posters always try the same weak excuses and justifications you see law enforcement people make when they know they are under attack>
They always invariable try the “Us & them” tactic first rather than confront or debate the facts the say “Well YOU must be a felon!” Or “Got a ticket!” despite the fact that with 4.75 degrees of separation today most people know the real deal with todays police. It’s hit or miss.
Next I see another weak LEO debater saying” Oh yes so then lets just have NO LAWS at all”. See? They rarely can debate without reaching for extremes and semantics. Mo-one on theis post said anything at all about letting “all shoplifters go free”. This is the pathetic debate mentality of some of these people! They can’t accept that someone is questioning THEM so they start in with infantile noise and imaginary fantasies. Not all cops are bad but let’s face it they live like rockstar attention fiend wannabees (have you ever seen the “gearladen” recruiting ads they have that show jackboot costumed police standing with assault rifles alongside “police lamborghinis”! And people wonder who they are hiring here? Who is the target audience for recruiting like THAT?!) heroes despite USDoL stats that say they aren’t even in the top 10 most dangerous jobs and expect idolization and respect in return for pension padding and Cult of Public Safety rhetoric. Sad. I can’t wait until they release the name of these coward jokers.
Posted by: Mike Palen | November 26, 2011, 2:23 am 2:23 am
No theft has occured until the suspect has left the building with the item. The police know that, so will the judge. A store employee grabbing your arm is assualt. Don’t resist, file charges and sue. Above all do not resist when a police officer tries to arrest you.
Posted by: cloud | November 26, 2011, 3:06 am 3:06 am
These people called Mafia boss`s is also who are running our country THE USA , Remember the Prohibitioners = Moonshinner RUTHLESS KILLERS in OGANIZED CRIME ! CRIMINALS ! Got more wealthy then our own Government ? They poisoned us with the fire water ,& DRUGS . Now the drugs are worse then ever and they distroyed our fathers , mothers & Children (OUR NEXT GENERATION) & unborn children still in there mothers whom and our futures LEADERS ! for this country . Not much has changed since the COWBOY & INDIAN DAYS ! Just the weapons used to take over a town now OUR Nation ? To bring down AMERICA ! These Mafia boss`s are now running our country called AMERICA ! Whats it gonna take for AMERICANS to become MEN ? Or WOMAN ? and say enouph is enouph of hurting innocent people . In the name of GREED ! Why must people control everything ? YOU’VE SOLD YOUR KIDS TO SATAN and HIS MEN ! Into a life of hell and slavery ! Are you tired of playing the cat & mouse game YET FOLKS ? Then get off your DUFFS and Be A MAN or Woman and really lead THIS NATION called The Land Of The Free AMERICA !
Posted by: Fire Of God | November 26, 2011, 3:28 am 3:28 am
For one they shouldn’t let their store overfill -they know it’s going to be crowded and chaotic they should limit the people and the sales- put it all on line limit how many per item and then give a staggered pick up- if the officer didn’t take the time to ask how could a customer explain- and cuffs over a video?- I think they should have given him a chance to explain first and pay first- it was handled badly and that’s exactly why more and more people resist- according to everyone they were like animals over the release of the video how much 10-15 bucks ?- and a small child was probably in danger- that crowded I bet no carts or hand baskets either- sort of like small items that fall through the top shelf of the cart or stuck in bottom or can’t be reached- and you set them in your open purse or on top of it- hint make some small baskets that open up in the open (child purse ) area- for shame- put stickers on the stuff that set off alarms and let people shop – a keep patrols on the other side of it for shoplifting and in store for protection.
Posted by: SJN | November 26, 2011, 3:34 am 3:34 am
you are “shoplifting” if you try to leave the store without paying ..
BOTTOM LINE !
and IF one is shoplifting they should be charged accordingly with DUE PROCEDURE ..’
NOT knocked unconcious ..
with the grandson present ??? charming ..
vid’ is viral so EVERYONE can make up their own minds ..facism has arrived …..
Posted by: smellcoffee | November 26, 2011, 4:29 am 4:29 am
Don’t know precisely the law of Arizona, but in common law theft occurs when there is an unlawful, trespassory taking and “carrying away” of the property of another with the intent to deprive the rightful owner of the property. Heck, the guy could have been concealing the item in order to stop those crazy people from attacking him or his grandson before he could check the item out. I do think the police likely overreacted. But it’s hard to assign blame here. The guy should not have tried to escape the police, although one can sympathize with him for doing so. This is America, and a police officer better have a damned good reason to put a cuff on an American Citizen. When we lose that attitude and just give in to letting the state/the government do anything it wants, we will lose our freedoms.
Posted by: James | November 26, 2011, 4:52 am 4:52 am
One little problem with the “do not resist” thing. I don’t know about others, but I grew up in a large family and if someone who has not identified him/herself grabs me by the arm, the move to free my arm is more or less a reflex.
Posted by: whatever | November 26, 2011, 7:13 am 7:13 am
You folks are hilarious. You don’t know $hit but you know everything. Bet the majority of you pulling for the guy that BROKE THE LAW voted for Obama didn’t you??
Posted by: Keith in NC | November 26, 2011, 7:20 am 7:20 am
“As long as there is probable cause and the police don’t use deliberate excessive force one can not resist an unlawful arrest.” ~~~~~~~~~ Yo, TJackCity, first, if there is probable cause and the police don’t use excessive force, then it would be a LAWFUL arrest most likely, not an unlawful one, so any discussion of unlawful arrests wouldn’t apply at that point. Second, the case you cite specifically states and credits a citizen’s right to resist an unlawful arrest and notes in what circumstances a citizen may exercise the right (when police act in bad faith, when there isn’t probable cause, or when the police use excessive force). So, even your own case evidence upholds what I said before…that a citizen DOES have the right to resist an unlawful arrest, contrary to your claim that “even if the arrest is not lawful one can not resist.” Nice try, but you’re still wrong.
Lastly, for all those claiming that the man had to leave the store before he could be arrested for shoplifting. That’s not true. If all the elements necessary for the crime are established, a person can be arrested even if they haven’t gone out the door. However, many large chains will wait, as a matter of STORE POLICY not law, to make an arrest after the person exits the door, because it is easier to prove intent at that point.
Posted by: Minorkey1 | November 26, 2011, 8:28 am 8:28 am
A woman here in Louisville, KY was actually SHOT outside my local Walmart for allegedly shop lifting. She could have been killed, as this man could have been. So Walmart merchandise is more valuable than a human life?? SMH
Posted by: AngelaNky | November 26, 2011, 8:31 am 8:31 am
It is not considered shoplifting officially until you are forty miles away from the store in your car, sucking on a spliff, and everyone knows that. Especially if the video game in question itself was about resisting fascism and big brother. Plus once you get old enough the rules are different – its called “grandfathering it in”. Posse Coma status takes effect AFTER unconsciousness, and not before. Come on people, everybody should be aware of these things. Shouldn’t they ? What’s become of this country ?
Posted by: kuranes | November 26, 2011, 8:56 am 8:56 am
I HOPE THIS GRANPA SUES THE LIFE OUT OF WALMART. WALMART IS THE CAUSE OF SO MUCH DISCONTENT IN AMERICA. THEY NEED TO BE SHUIT DOWN. NOTHING WILL CHANGE THEIR GREEDY ABUSINVE POLICIES. BOYCOTT WALMART-SHOP ALTERNATIVE STORES. WALMART IS NOT WORTH IT.
Posted by: BOBBB | November 26, 2011, 9:23 am 9:23 am
I WILL NEVER, EVER SHOP AT WALMART!
HOW CAN ANY AMERICANS SHOP AT A STORE THAT INSISTS ITS SUPPLIERS SEND JOBS TO CHINA<, AND BEATS ON ITS CUSTOMERS? TO SAVE A FEW CENTS?? WHAT IS WRONG WITH AMERICANS?
Posted by: Ron | November 26, 2011, 10:37 am 10:37 am
!!!!!!BOYCOTT WALMART!!!!!
Posted by: Joe | November 26, 2011, 10:40 am 10:40 am
My wife puts stuff in the bottom of our stroller that is well concealed when she goes shopping. I need to tell her that police may apply a smack-down to herwhich may or may not break her face. Sounds like the cops have lost their minds. Couldn’t they go and shut down some lemonade stand somewhere?
Posted by: Ben | November 26, 2011, 10:50 am 10:50 am
To the guy who said you don’t have the right to resist an illegal arrest. That’s not true. You DO have a right to resist an illegal arrest. You SHOULD resist an illegal arrest. He could sue walmart AND those cops BUT he doesn’t have the legal power. If he had the right attorney he could spin this in such a way that he’d get millions. Too bad he will probably end up in jail but that’s the legal system.
If you go into a store with masks and guns and start taking things, you should be arrested in the store. We know your intent. If someone puts something in their, wait for them to leave, then you can know 100% that they are going to steal something. Walmart and the cops should be sued.
Posted by: shaw | November 26, 2011, 11:42 am 11:42 am
yes, we have the right to resist an illegal arrest. does this mean we SHOULD? Personally, I cannot risk the injury. I have nerve problems in my neck and I would likely be paralyzed by the cops.
it’s kinda like the pedestrian’s right of way. yes, cars are supposed to stop for me at the crosswalk. but i’m not going to assert my rights when cars aren’t stopping. I’m not suicidal.
i do know, however, that even without resisting, cops are likely to beat on suspects. this grandfather probably did nothing to resist except mouth off a bit. so the thug cop taught him a lesson.
Posted by: okayyyy | November 26, 2011, 2:36 pm 2:36 pm
This is absolutly disgusting and an outrage.Where was officer discretion here? What was wrong with politiely asking this individual to the office to explain his side of the issue instead of severely battering him with strong arm tactics? Very poor judgement on the part of the officer.Facts:1) This guy had a completely clean record up until this.2) I hardly doubt a grandfather would shoplift in front of his wife, daughter and grandchildren 3) The whole thing smells of a police cover up.Even the the by standers were outraged.This officer needs canned and charged with aggravated battery.
Posted by: Ray | November 26, 2011, 8:23 pm 8:23 pm
Maybe this is for the best. At least he’ll think twice now about taking a kid into public with the police around. That’s far too dangerous for kids, far too dangerous for anyone, for that matter. One misunderstanding and they could have both been shot by the police. What was he thinking!?
Posted by: Dugese | November 26, 2011, 10:12 pm 10:12 pm
This is ridiculous. They need to teach cops at least the most basic tenets of criminal law. Actus Reus, not just Mens Rea, is necessary in order for a crime like shoplifting to have been committed. If the guy didn’t leave the store without paying for the item, there is no Actus Reus. In other words, he did not do anything wrong. It’s amazing, it’s like all that they train cops to do is just mindlessly beat and kill people.
Posted by: Dugese | November 26, 2011, 10:21 pm 10:21 pm
I saw the news interview with the cops, who were insisting he became combative. I can only imagine how my father or uncles or grandfather would have reacted if the cops had tried to arrest any of them when they had just moments earlier been trying to protect one of their children or grandchildren from a rampaging crowd – when their adrenaline and defensive instincts would no doubt be running wild. None of those men in my family have ever been arrested or broken the law, but I would bet money that they would have freaked out too. What it comes down to was that this entire encounter could have been avoided – the way it was handled was basically guaranteed to end in bloodshed.
Posted by: JrzWrld | November 26, 2011, 11:04 pm 11:04 pm
This is sickening, there was no absolute proof he shop lifted. I have a story my mother told me a while back. When she was a kid and with my Grandma shopping, my Grandma put a piece of doll clothing, or something folded over her pocket as she wanted to purchase it, but my mom needed to use the restroom or something at K-mart. So they ended up getting followed by one of the security guards (dressed as a shopper) and they paid for the item and left the store. After they got out they were stopped by the security guard and told they were never allowed back in the store again. Even though they paid for the item. Pretty sickening how the security guards over react.
Posted by: Devin | November 27, 2011, 3:58 am 3:58 am
For anybody who doesn’t know, here is how “Explaining to the police goes” In Zionist banker run America.
Suspect ” Officer will you please listen to me for a second?”
Jack Boot ” GET ON THE GROUND”
Suspect “Officer, I’m trying to tell you, please listen.”
Jack Boot ” I SAID GET ON THE BLANKING GROUND. STOP RESISTING ARREST!”
Suspect *Thrown to ground* “OWW, Officer please I’m not resisting, please listen to me.”
Jack Boot “I’m going to tell you one more time, SHUT YOUR MOUTH AND STOP RESISTING OR I AM GOING TO TAZE YOU!”
Suspect ” ok ok, I’m not resisting.”
Jack Boot ” Taze him”
Suspect” *In pain* AHHHHHHHHHHHHH, WHY ARE YOU DOING THIS?”
Jack Boot “Are you ready to comply? He’s not ready yet, Taze him.
Suspect ” AHHHHHHHHHHHHHHHH”
Jack Boot “This makes me feel like a God HAHAHA”
Posted by: Bankers and Cops | November 27, 2011, 6:26 am 6:26 am
Sorry, guys, but if security sees you conceal an item, they CAN and WILL stop you on the assumption that you have intent to KEEP it concealed until you leave the store without paying.
That is their JOB; to spot people sticking merchandise into their pants, pockets, bags, etc…and confront them BEFORE they make it past the checkout.
Retailers typically detain and report you to police for shoplifting while still in the store, before waiting to see if you pull out the concealed merchandise and pay for it at the check-out.
This could very well have been a misunderstanding (the guy sticking the game in his belt so he could use both hands to pick up his grandchild) but it could have also been an attempt to steal the game, using his grandchild and the casual placement of the game as cover.
The real issue is he compounded the situtation by resisting detention and attempting to leave the scene rather than simply going with security and explaining the situation. Even when INNOCENT, such is often a crime in itself.
He set a poor example for his grandson.
Posted by: Raven | November 27, 2011, 3:56 pm 3:56 pm
Wal-Mart created the danger which led the security guards (off-duty police) to overreact (in my opinion). The police had to go through the whole process of booking to cover themselves which is wrong (in my opinion). I am very dissapointed at Wal-Mart’s statement to the press expressing no concern for the Grandfather, Grandson or family only the police. I will watch the court case with GREAT interest and hope the settlement is in the millions.
Posted by: David C. | November 27, 2011, 5:20 pm 5:20 pm
There should have been dozens of riot police on hand at this store to control the crowd. This man should have just been shot. End of story.
Posted by: ranma | November 27, 2011, 7:11 pm 7:11 pm
I think this man was trying to protect his little grandson and didn’t give a crap about much else except for the fact that he wanted to BUY that video game. Cops in malls really SUCK anyway and they’re wrong more than right!!! I hope this guy sues.
Posted by: demNme5 | November 28, 2011, 11:23 am 11:23 am
Well don’t just sit at your computers complaining about this story…Email it to everyone in your address book, Tell them to keep forward ing it.>> BOYCOTT…..If these Thugs were beating the hell out of me i would try to run for the doors….Its not stealing unless you LEAVE with it, and not paying.
I have sent this out to 786 in my military veterans groups and it will keep going out… These guys do not need to be Policemen.. they overreacted…….Stay on top of this ABC
Posted by: Fascist America? | November 28, 2011, 11:54 am 11:54 am
Fascist: Get over yourself, is this really what you are going to spend your time doing. Geez, get a life. Walmart is the problem here with the way they cattle people in and make it so dangerous. I wonder why this guy started to run though if he had a grandson with him, would you do that? Read the whole story before you get your boyscout buddies to go kill someone for nothing. Talk about overreacting!
Posted by: Seriously | November 28, 2011, 12:12 pm 12:12 pm
” Even if the arrest is not lawful one can not resist.” – That is patently incorrect. I love how simple-minded layman think they know the law. Also this would defy common sense; If what you are saying is true then all 300 million of us could be thrown in prison tomorrow for no reason whatsoever and we’d have no legal recourse. If that’s how you think America is supposed to work then you need to wake up and learn some basic civics and become a real U.S. citizen.
Posted by: wayneb2011 | November 28, 2011, 12:32 pm 12:32 pm
We will fall behind China in 25 years and the cops will have played a HUGE part in making it happen. They must hate this unresolvable paradox: They want to take away personal liberty and brutalize citizens to feel patriotic and supposedly uphold the law, but those very actions area eroding the spirit of freedom that is crucial to our nearly laissez faire capitalism, the capitalism that helps us out-innovate and out-trailblaze the rest. But the cops just cant help themselves and just cant stop doing it, and so will continue to erode freedoms and force us down while letting China surpasses us. Kinda sucks wanting to bully and brutalize but still wave a flag, while knowing that very bullying and brutalizing is actually weakening the country whose flag youre waving, and at a time when we are most economically challenged and least need to have our freedoms eroded. So, enemies of America should say: “Keep eroding those freedoms, police! Keep it up! Yes! Another episode of police brutality and another 100,000 people’s psyches subtlely affected by it, subtlely feeling less able to think and act freely, a bit too menaced to openly express themselves.”
Posted by: Jody Schmidt | November 28, 2011, 12:36 pm 12:36 pm
When I read an account by the person who took the video, he said the grandpa was not resisting the cop just leg-swept him for no reason. I hope there are witnesses who will testify against this one bad cop.
Posted by: Librarian53 | November 28, 2011, 12:52 pm 12:52 pm
People need to learn the difference between right, wrong, and legal. The question of legality, both on the grandfather’s part AND the officer’s gets determined in Criminal Court. The questions for liability concerning right and wrong get answered, and payed for in Civil Court. The Walmart employee made an assumption about the possible shoplifing incident, told the cop, and he continued that assumption by taking action on it. The only person claiming the man resisted arrest is the police department. Muliple witnesses have stated that no resistence of any kind took place, and that the leg sweep was entirely uncalled for. The Grandfather’s story makes to much sense; that coupled with the fact that he has NO criminal record to speak of, and the family had a shopping cart with more than $200.00 worth of merchandise to be purchased, means the employee, and cop were wrong about their assumption. The criminal charges will probably be dropped, but they will first offer to drop them ONLY if the man promises not to sue. If I were the man I’d face the charges in criminal court, because like I said, his story makes to much sense. The store and the police department already know he has a hefty lawsuit against them because even if the cops actions are considered legal, they were still taken based on a wrongful assumption, therefore they will be paying, and paying for this mans injuries and pain, as well as the emotional distress inflicted on the grandchild.
Posted by: cunard | November 28, 2011, 4:45 pm 4:45 pm
revolution is past over due in america, another citizen that learnd the hard way how a police state operates
Posted by: daniel | November 30, 2011, 12:26 am 12:26 am