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Question regarding Walmart Black Friday Trampling

    Fri, 2008-11-28 18:59 — DeltaSigChi4

    Here's an article: http://www.cnn.com/2008/US/11/28/black.friday.violence/

    And this is the specific part[s] I have a question about:

    [=Verdana, Arial]"Several minutes" passed before others were able to clear space around the man and render some aid. Police arrived, and "as they were giving first aid, those police officers were also jostled and pushed," he said.
    [/][=Verdana, Arial]
    Asked about the possibility of criminal charges in the Wal-Mart death, Fleming said he would not rule it out but noted that charges would be "very difficult," as it would be "almost impossible" to identify people in the crowd from the video and that those in the front of the crowd were also pushed by those behind them. Hundreds of people probably lined up in an orderly fashion, he said, but got caught up in the rush.
    [/]
    -------

    Alright. They cannot identify/apprehend the absolute scum of this Earth that murdered Walmart guy[=Verdana, Arial]®. Understandable. What about those that "pushed" and "jostled" police officers? Now, I am very certain that people can be arrested and hauled away to jail for simple TOUCHING a police officer, police horse on duty, et cetera, and in cases of accidently bumping into a horse, or the horse bumping into you, I am against such ridiculous detainments. But if there was ever a case to detain and book every single piece of human scum within inches of the police uniform is this not it? I'm delving into hyperbole here of course. They could have arrested those that pushed them, right? I mean. They SHOULD have arrested those that pushed them. Next year, if they're closer to the door[s], those same people [that pushed officers to save 50$ on some NEEDLESS manure] are going to be the murderers of next [/]Walmart guy[=Verdana, Arial]®. :(

    E
    [/]

    KibunInc's picture

    Yes I of course heard about this while on duty this morning. It is sad that things like this happen and I have to shake my head in amazement on how people can be so self centered and worry about getting that deal (Yeah what deal? the store is still making money on you), that they end another humans life.

    Now onto the questions that you bring up. Yes grabbing or pushing a person is a battery under 242CPC. As Officers we tend to use us as the victim only in cases where we are at a fight and someone grabs us or puts hands on us. In an earlier post (Cop slams guy at UFC) I just touched on the crowd mentality and what happened here is an example of people who are not even angry and fighting but is showing what a crowd can do in a couple of seconds. I go to crime scenes and I have people who try to drive their cars around my Police unit to get where they are going. When I stop them they say, " but I go to work this way every day." WTF :confused:
    OK in order to prove murder (187CPC) there has to be intent to kill. I do not believe there was intent to kill here. There is a negligent homicide section but in order to prove this, a persons actions has to be so negligent that it cost a person his life. They could try to prove this but then you have to prove who actually caused the death and did someone push him/her from behind. I do not see this being proven in court.
    I am all for the people who pushed the cops being prosecuted. This may send a message that people need to stop and think. If I was an Officer on the scene I would have shut the store down as a crime scene and sent everyone away (After interviewing them) so that maybe they would get their perspectives in place. Of course this may have caused a riot. :cool:When it comes to reality there will probably be no charges filed and the guy who died family will have a big settlement from the store.* Regarding arresting the people on the spot the Officers were probably more worried about trying to save the guys life and helping other people who were also injured in the store. No matter how we look at it this just sucks. :(

    Your rating: None
    DeltaSigChi4's picture

    http://news.yahoo.com/s/ap/20081203/ap_on_re_us/wal_mart_death_1

    GARDEN CITY, N.Y. – The family of a New York man who was trampled to death the day after Thanksgiving by a stampede of bargain hunting Wal-Mart shoppers has filed a wrongful death lawsuit.

    The family also filed notice that Nassau County, on Long Island, and its police department will be sued.

    E

    Your rating: None
    KibunInc's picture

    Yeah I heard abouit that today. Well I understand that the lawsuit was coming and you have to sue the poeple with the deep pockets. That is why during a pursuit if a traffic collision occurs and someone is injured, people sue the PD instead of the criminal. The PD has deep pockets. :mad:

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    DeltaSigChi4's picture

    The police didn't trample Walmartguy™ though; the public did. Walmart-shopping public. And the reason he was trampled, was clearly because WM has insufficient policies set for such incidents, and they sent an untrained temp worker to meet the stampeding crowd under these conditions. :mad:

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