Wal-Mart pays $2M to avoid charges in death probe

ByABC News
May 6, 2009, 5:25 PM

MINEOLA, N.Y. -- Nassau County District Attorney Kathleen Rice, who began a criminal investigation shortly after last November's customer stampede at Wal-Mart's Valley Stream store, said that if she had brought criminal charges against the retailer for negligence in the worker's death, the company would have been subject to only a $10,000 fine if convicted.

Instead, she said, the company has agreed to implement an improved crowd-management plan for post-Thanksgiving Day sales, set up a $400,000 victims' compensation and remuneration fund, and give a $1.5 million grant to Nassau County social services programs and non-profit groups.

The agreement included no admission of guilt by Wal-Mart.

"Rather than bringing the world's largest retailer to court and imposing a small fine against them, I felt it was important to require significant safety changes that will affect the whole state," Rice said. "Our goal is for the protocols that are set up to be the gold standard for crowd management in this industry."

Wal-Mart Vice President Hank Mullany said, "The crowd management plan we are announcing today was developed by a team of experts whose experience includes NFL Super Bowls, Olympic Games, concerts and national political conventions."

Jdimytai (Jimmy-tree) Damour, a temporary employee, had been on the job for about a week and had no training in security or crowd control when a crowd estimated at 2,000 broke down the Valley Stream store's doors, trapping him in a vestibule.

The 34-year-old Queens man died of asphyxiation. Eleven others, including a pregnant woman, were injured.

Earlier this year, Damour's family announced plans to sue the county, retailer and others. The family's attorney did not immediately comment on Wednesday's announcement.

Any victims who accept payment from the Wal-Mart compensation fund will be required to waive their right to a separate civil suit against Wal-Mart, Rice said. Also, she said, Wal-Mart has agreed to advertise the compensation fund in the daily and weekly newspapers that cover Valley Stream and its surrounding neighborhoods.