Assault on a Female by a Wal-Mart Employee for Concealing Goods

My question involves criminal law for the state of North Carolina.
Ok, today I was at Wal-Mart with my sister,one of my daughters,and my nephew.(Ages 7 & 9)While my sister was getting her nails done,I decided to take the kids walking around the store.
I was short on cash, so,maybe this wasn't such a good idea!
Well, I'm on disability for physical and mental disabilities,so I recieve little money
due to being disabled.We went to the girls clothes section,and my daughter started looking at everything! It was "Mommy I want this!" over and over.So, over and over I told her I couldn't afford it.She started crying and told me she never gets anything anymore,since I've been on disability. I felt horrible because of what she said because it's true.We BARELY survive due to so little income.http://www.expertlaw.com/forums/imag...lies/frown.gif
:(

I decided to shoplift her and her sister both 2 new summer outfits each.Yes, I already know that stealing is a very bad thing,but I was heartbroken,and wanted to conceal the clothing until I got home,and put them in a Wal-Mart bag and tell her that I had bought them for the 2 of them.I NEVER let my daughter, or my nephew see me put ANYTHING into my purse! That would have been absolutely terrible on my behalf.I was just walking around the store, and all of a sudden, I was startled by a very big man who had grabbed my arm and jerked me around and said LOUDLY.."You're coming with me, you damn theif,RIGHT NOW! Yes, in front of the kids.I was taken to a room where
I was in there with the large man, a woman,and the kids.The man cursed me,called me a "crackhead",told me to shut the F*** up,told me I was a "Sorry ass mother",etc...It would take at least an hour to tell you everything he said to me,but he also got loud and rude with my daughter and nephew.

He got in my little girls face and said,"Guess what littlr girl,you're getting a new family with DSS, and the best part is, you get to watch your no good for nothing mother go to jail!" I was outraged! She immediately went into tears,crying very loudly,and whimpering.He told the lady in the room to "Get rid of this crying little brat. It's not our fault her mother is a worthless theif!" "Get her the hell out of here before she gets on my last damn nerve!" By then, they found my sister, and she took the kids and left,and told me to call to let her know what was happening to me.At first, I had given the walmart people a fake name,address,ss#, and all.Then,they grabbed my purse,got my wallet out, and went through the entire thing.(without my permission, or even a law officer present)When the officer arrived, he was so nice to me that I told him my true identity,what happened and why,etc.The large guy cursed at me quite a few times in front of the officer.
I was handcuffed, and taken to the station.Later I was released with a citation for concealment of goods,and released into my sister's custody.Well, when I got home, I noticed that my left arm was hurting pretty bad where the man at Wal-Mart grabbed me, and snatched me around. I started looking, and there is a BIG bruised "human hand print" on there,right where he grabbed me.
My family is outraged, and said that I needed to take a warrant out for assault on a female,and "Defacement of charactor?"(I don't think the first word is spelled correctly...?)Also to sue walmart for letting an employee assault me,and make me look like a disgrace in front of my child & nephew,and at first, anyone around the place where he had grabbed me.He was very rude and loud.I called walmart to find out his name, and the manager said that basically, I was lying,and that I would find out his name in court.ONLY THEN,would I find out his name.How do I take a warrant out on someone whom I don't know their name? I can't...I have a lawyer already for the concealment charge, and he advised me to get a lawyer who dealt with the assault part, and the defacement of charactor part,and sue the man and walmart.He also told me to take out a warrant.What do you do in this type of situation?I really could use any and all advice on this one....would someone PLEASE help me to go into the right direction??? I would greatly appreciate ANY and all advice that anyone may have! Thanks so very much, in advance!
Ohh, and yes, I took photos of my arm with my phone, and 2 digital cameras...~Abused & Confused~

Individuals can't take out warrants - prosecutors request warrants from a judge. Individuals can file a police report and see if the DA's office will press charges - but I wouldn't count on it. Your other option is to hire an attorney and bring a case in civil court for damages.

Just as a note filing criminal or civil charges on Walmart will not remove the theft.

There is no such charge as either "assault on a female" or "Defacement of charactor".

There is assault... but you were apprehended during the commission of a crime.

You can sue. They will win.

Your theft is not erased because you got apprehended.

Don't even try to sue them for anything approaching your character. You were caught during a theft by taking. Being called a thief may be embarrassing, but it is accurate.

And you need an attorney. Committing a crime with your children in tow - and don't even try to tell me that you stole without them knowing or that it was the first time... just don't waste my time - may bring DSS into the mix.

You have to agree that watching their mother steal in full view of them can't be good for them.

I have seen many cases where a Mom/Dad had her children taken from them (for a short time) when Mom/Dad stole and there was no other parent or responsible adult to leave them with. This is when CPS is called in some cases then not only do you have a criminal case to worry about you have Civil Demand and now CPS on your case for at least 30 days

Ok, first off, I DID NOT conceal the goods with my kids watching me-the officer who took me to the station,and the walmart employees talked with both my daughter,and my nephew in private,and asked them individually if they saw me put anything in my purse,also asked them if I had involved them in "Helping me" to conceal the goods in ANY way,and the both of them said "NO" so therefore,I'm not trying to "waste anyone's time" here.I was also told that DSS would be involved if the children said that they helped me or saw me conceal the goods.Since both of them said "NO",they had no choice but to drop DSS out of the situation at hand,because I was with them the entire time I was apprehended, in the presence of walmart employees & a police officer,so there is NO WAY that I could have told them what to say to authorities.If you don't believe my story,I'm sorry. Opinions are like assholes....everyone's got one.But this is an anonymous law forum for people who would like to post a law question that anyone can reply to.Why lie if noone knows who you are????
Second,my question was about a "bruised hand print" that a walmart employee put on my arm by grabbing me,and jerking me around.It was simple.
Here's the question in other words: "Can I press charges against the walmart employee for bruising my arm in the form of a handprint due to him placing his hand around my arm,while squeezing it and jerking me around in a circle?"
That's all I want to know!:wallbang:
Third, I'm 32 years old, and I know that stealing is wrong, and being called a theif is accurate.I admitted that in my first post.All I was saying is they could have went about my theft situation in a more "professional" way,without the cursing,screaming,name calling, and mostly, the assault itself.
Just to let it be known, I'm not wanting to press charges against that employee as a way of "getting out " of the theft charges. Again, as I said in the first post..."I already have an attorney for the theft charges".And I'm ready and willing to take whatever punishment that is given to me because I know that stealing is very wrong and also a crime.So, please don't take my story the wrong way and "assume" that I want to press charges for assault as a way of "getting back" at walmart,nor "taking away the theft charges".I told the entire story to give everyone an insight on EVERYTHING that happened,so that I may recieve an accurate, and "Sincere" answer.Not sarcasm, or ridicule. With that said, will someone NOW tell me if I can press charges on the walmart employee for assaulting me? And if I can, how? I've never in my life had to press charges on anyone for anything, my lawyer is at the beach and recieving very little signal on his cell phone,so I can talk with him instead of this forum. So, can anyone answer my "question?" PLEASE? Thanks-http://www.expertlaw.com/forums/images/styles/expertlaw/smilies/wink.gif
;)

You have an Attorney you should get your advice there. I would also suggest your Attorney does not want you posting details on a forum easily searched using almost any search engine. Be sure to show you rposts to your Attorney I can assure you he wont be pleased

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Quoting Nevaeh75

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Can I press charges against the walmart employee for bruising my arm in the form of a handprint due to him placing his hand around my arm,while squeezing it and jerking me around in a circle?

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You can tell that to the police and they can forward the report to the DA. Crimes are reported to the police. If the employee said he grabbed you to detain you for the theft, and a detention by reasonable physical force is permitted in your state, you will have no case.

I'd bet a paycheck the DA won't file charges, but, you can try.

You can also pay an attorney to see if you have a civil case against the employee or Wal-Mart ... I can't see that going anywhere, either, but it's your money to spend for the consultation (unless you can land a FREE consultation).

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I admitted that in my first post.All I was saying is they could have went about my theft situation in a more "professional" way,without the cursing,screaming,name calling, and mostly, the assault itself.

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Being rude is not criminal. If they were "unprofessional" complain to Wal-Mart.

- Carl

actually, I believe there may, and not I said MAY be an action against the LP person but it is very dependent on the exact circumstances, which we will never be aware of.

While an LP may have a right to detain you, in most states, that is limited to reasonable use of force, if allowed at all. His aggressive action and the resulting bruise may arguably be considered excessive use of force.

such actions have already been adjudicated in North Carolina so anybody interested can research such actions.

as far as the rest of your complaints, no way. and DSS does not drop out of this simply because your children did not view you stealing. It goes beyond and into your home as to; are you providing a safe and proper home for your children. Theivery is generally not part of a good home and depending on the total situation, you may still have the DSS to contend with.

and to consider Carl's post; the first case I looked at was not a criminal prosecution of the LP personel but a civil tort action.

The mere fact you stole with your children present (even if they did not see) is plenty to give Children's services concern and to intrude into your life for at least 30 days while they look into you and your family.

I agree.

There is no reason to bruise someone during a shoplifting case.

To Carl's point, though, you have to find someone that will file the charges.

I want to ask one other point as to the children.

So, if I was robbing a bank and had my kids in the getaway car, it would be okay because they didn't see the actual robbery?

No... you involved the children when they were present at the time of the crime's commission.

I am saying that your attorney will have his/her hands full.

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Quoting jk

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While an LP may have a right to detain you, in most states, that is limited to reasonable use of force, if allowed at all. His aggressive action and the resulting bruise may arguably be considered excessive use of force.

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True enough, but I don't know that I'd ever see a ruling that "grabbing" a thief was going to be "unreasonable" use of force unless the employee admitted to doing it to inflict pain and not effect a detention of some kind.

Even an officer - who is trained in detention techniques and held to a higher standard - is not likely to face criminal or civil charges for leaving a bruise while detaining a suspect. It's possible, but I suspect it is a remote possibility.

- Carl

We know LP grabbed OP but was OP attempting to leave or give that impression. This will be tough one. Carl's suggestion is best complain to Walmart

Before we get off on a tangent, let's circle back to the crux of the question.

While you may have been treated harshly by loss prevention, the tactics, at first blush, seem legal.

If you believe you have been harmed, contact the police and/or Walmart corporate office in Bentonville, AR.

The possiblity that you may or may have not been harmed by the LP is not a "get out of jail free" card for the theft.

Those are separate incidents... one does not cancel out the other.

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Quoting cyjeff

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I agree.

There is no reason to bruise someone during a shoplifting case.

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A bruise does not - by itself - indicate unreasonable force. Some people bruise at the drop of a hat, and someone who is untrained may very well grab a person pretty hard to prevent their escape ... you average Wal-Mart employee is probably not trained in how to apply a proper rear wrist-lock.

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No... you involved the children when they were present at the time of the crime's commission.

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Yep. Out here we would certainly forward it to CPS ... even if nothing happened, it would be more than enough to open a case.

- Carl

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Quoting cdwjava

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True enough, but I don't know that I'd ever see a ruling that "grabbing" a thief was going to be "unreasonable" use of force unless the employee admitted to doing it to inflict pain and not effect a detention of some kind.

Even an officer - who is trained in detention techniques and held to a higher standard - is not likely to face criminal or civil charges for leaving a bruise while detaining a suspect. It's possible, but I suspect it is a remote possibility.

- Carl

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that is why the "may" and "we will never know the complete details".
If it is as simple as OP presented, I can see a possibility (not a criminal action but a civil one) but it is extremely dependent on exactly how things went down.

From what I have read, N Carolina allows the use of "reasonable" force to detain.

Somebody will have to determine what "reasonable" is in this particular situation. If the OP made no action to resist, if I were on a jury, I would see the injury as unreasonable (with no other facts presented). If there was an action to resist, then LP guy is safe. It will, if it gets that far, be up to those privy to the exact details, from both sides of the aisle.

I can't see that just grabbing his arm is going to be seen as UN-reasonable unless he was already completely complying and walking the direct he was told. Even then, the grabber would likely need to supply only a minimal belief (even if erroneous) that the subject might flee.

Yes, it's fact dependent. In a criminal prosecution, the "victim" will have little credibility being a thief and a DA would not likely bring that to trial; and in a civil trial, it is doubtful that the plaintiff would pursue an action in an incident where there are no damages to claim.

I just don't want anyone thinking a bruise is the sole PROOF of anything unlawful or the cause of any civil tort.

- Carl

Some people also bruise more easy than others. You will need to prove the excessiveness of the force to successfully win any civil suit. The LP will likely come back and say how uncooperative you were and what he did was necessary. He will also have proof of his version of the story when he provides the fake SS#, address, etc. that you gave him.

You mentioned that you were on disabilty due to a physical and mental disabilty. In some states it is required that your actions be forward onto CPS/DFS because your children were with you. Whether or not they witnessed anything does not make a difference. If you have a history of mental illness, my guess is that if they do get wind of this offense, you will have them on your back for quite sometime... meaning 30 days will be a picnic. Be sure you inform your attorney.

I know that DSS CAN get involved with my family for my daughter being present when I concealed the goods...BUT, they have 24 hours to start investigating a case after it is reported.I used to be a social worker for 7 years,so I know how they work.It has been more than 24 hours, so I seriously doubt that they were even called. Even if they do come out,9 times out of ten, NOTHING will happen.Thanks for the advice! Have a good day! :)

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Quoting Nevaeh75

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I know that DSS CAN get involved with my family for my daughter being present when I concealed the goods...BUT, they have 24 hours to start investigating a case after it is reported.I used to be a social worker for 7 years,so I know how they work.It has been more than 24 hours, so I seriously doubt that they were even called. Even if they do come out,9 times out of ten, NOTHING will happen.Thanks for the advice! Have a good day! :)

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That was pretty self confident and cold:(

I completely understand your robbery theory, and you're exactly right. I admit that doing this with my child present was VERY wrong, as I've said for the 3rd time now.If I could take it back, I most certainly would.Whats done is done though. Also, sorry, but there is no issue in my case about my daughter being present.The officer who took me in threw away walmart's complaint on that subject in front of me, after he questioned her. He said, since she wasn't actually exposed to the crime on my part, there was no reason to file additional charges when she was basically blindfolded during the incident. When I was apprehended, only THEN was she exposed to what I had done because the walmart rep. made it abundently clear to her that her mother was a (quote) "****ing theif". My attorney only has to handle the "concealment of goods" charge. So, he will have an easy job making easy money,and the worst that can happen to me is 72 hours in jail.Oh my God! I really don't give a shit if I go to jail for 3 days....I did the crime, so I should have to do the time...Right? Thanks! :)

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Quoting Nevaeh75

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I completely understand your robbery theory, and you're exactly right. I admit that doing this with my child present was VERY wrong, as I've said for the 3rd time now.If I could take it back, I most certainly would.Whats done is done though. Also, sorry, but there is no issue in my case about my daughter being present.The officer who took me in threw away walmart's complaint on that subject in front of me, after he questioned her. He said, since she wasn't actually exposed to the crime on my part, there was no reason to file additional charges when she was basically blindfolded during the incident. When I was apprehended, only THEN was she exposed to what I had done because the walmart rep. made it abundently clear to her that her mother was a (quote) "****ing theif". My attorney only has to handle the "concealment of goods" charge. So, he will have an easy job making easy money,and the worst that can happen to me is 72 hours in jail.Oh my God! I really don't give a shit if I go to jail for 3 days....I did the crime, so I should have to do the time...Right? Thanks! :)

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You do, of course, realize that the judge can decide to involve child protective services at your trial, right?

First off if we dont know when or if a report was sent to CPS so the 24 hrs may not yet be in play. Second OP does not know if they have begun said investigatin as she should well know the las tone talked to is the accussed! Last Cyjef is correct and judge may yet involve CPS. Since OP has an Attorney I would strongly urge her to show said Attorney this thread and her admissions. As you were warned when you joined it takes little info to ID someone and your posts here can be found via any search engine.

Well, I'm sorry there if you thought that I was being confident and "cold".I NEVER try to be cold to anyone,EVER.But, I do have limits on sarcasm,and I can be very sarcastic...in a nice way .Being nice to a smartass person will only piss them off more.I don't argue with people,I don't like violence,and, I don't like sarcastic smartasses either.The best way to handle people like that is kindness.I can't believe that a person who is seeking or advice from people who are obviously on here to do just that,EVEN after being honest in every perspective,gets hammered with ridicule,sarcasm,and negative answers.That's a crying shame. But I get it......Here's my take on what you people are thinking...("Awe.This ones a theif whom had her daughter present,so she's not worthy of advice,and who gives a damn if a walmart LP put a huge bruised hand print on her.He was detaining her with the use of reasonable physical force.She can't do shit to the LP.He was detaining a theif,and she was stealing with her daughter present.He was in the right, and she was in the wrong. So, who gives a damn if she got hurt in the process. She deserved it.") Well, I didn't deserve what he did to me for the following reasons:
1)I did not try to escape or resist his detainment.
2)I never saw it coming.
3)I was in the middle of the childrens apparell,NOWHERE near a door.Not even CLOSE!
4)My daughter and nephew witnessed this violence on a person whom they love dearly,and had no idea why it was happening.
5) I was very cooperative,answered yes sir and no sir to all questions,and apologized over a dozen times.
Now, I WANT SOMEONE to tell me that I deserved being jerked around like that,after reading these 5 reasons as to why I didn't deserve it.
All he had to do was walk up to me and ask me to come with him quietly, and I would've replied in the same manner.
Therefore, he deserves to go to jail as well as I deserve to go.
Agreed?

Fine, make a report to the police and let them know you would like to see him prosecuted.

Post back when they call you to act as a witness at his trial ... or. when they tell you the DA has rejected the case. (I'll wager it will be the latter.)

All because YOU think he was rough does not mean his actions rose to a level that the DA will want to make the case. After all, the prosecution's "star witness" will be a thief, and theft is a crime of moral turpitude ("conduct that is considered contrary to community standards of justice, honesty, or good morals"), and will make you a witness vulnerable to attack at trial and not very sympathetic to a jury. So, absent some heinous circumstances above and beyond just grabbing you roughly, the chances are slim the DA will take this to court.

- Carl

#2's I didn't see it coming doesn't work. How do you not see getting caught when trying to steal something?

You choose to do a criminal act so why is it the Lp's job that he dtained you? Does he know you're not like the million other shoplifter's he had that do try to run? no. You don't want to be embarrassed or handled that way you shouldn't do the crime.

The money you spent on a lawyer could of been spent on buying those clothes instead of trying to steal them.

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1)I did not try to escape or resist his detainment.

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You version we havent heard Walmarts which I suspect will be different. I am not calling you a liar just making a point

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2)I never saw it coming.

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Ok whats Walmart's version and if you have a valid claim then contact Walmarts corporate Office as you have been told

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3)I was in the middle of the childrens apparell,NOWHERE near a door.Not even CLOSE!

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In many states concealment alone is a crime and I believe thats what you were charged with

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4)My daughter and nephew witnessed this violence on a person whom they love dearly,and had no idea why it was happening

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See answer to number 2

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5) I was very cooperative,answered yes sir and no sir to all questions,and apologized over a dozen times.

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Again your version we havent heard Walmart's

Carl is a Law Enforcement Officer and told you the chances of your getting your jail wish for Walmart LP. Your best option is contact Walmart corporate and hope they tell Walmart to fire the LP. Once more I tell you this with your best interest in mind talk to your Attorney and show him all your posts here. I doubt he will be pleased

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Quoting FlyinHawk®

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#2's I didn't see it coming doesn't work. How do you not see getting caught when trying to steal something?

You choose to do a criminal act so why is it the Lp's job that he dtained you? Does he know you're not like the million other shoplifter's he had that do try to run? no. You don't want to be embarrassed or handled that way you shouldn't do the crime.

The money you spent on a lawyer could of been spent on buying those clothes instead of trying to steal them.

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Ok smartass,what I meant by " I didn't see it coming" was He came behind me,ASSAULTED me by grabbing my damn arm and bruising it all to hell with his FULL handprint imprinted on it, THEN he said something. The whole damn thing was unjustifiable, and he should have stopped me by stopping the buggy, instead of assaulting me,and ASKED me to come with him.
Oh, and my lawyer is my grandfather(HAHA!) One of the BEST CD lawyers in this state, and all I owe him is my word that it won't happen again.
i SEE THAT YOUR SARCASTIC ASS IS ALL ABOUT GETTING OFF ON PUTTING DOWN POOR PEOPLE WHO MAKE MISTAKES,JUST LIKE ANY DAMN BODY ELSE.All you just did was put the damn LP on a pedastal, and put me down to the dirt for being poor, and making a bad mistake.I only have 3 words for your sorry ass....you know what they are...

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Quoting Nevaeh75

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Ok smartass,what I meant by " I didn't see it coming" was He came behind me,ASSAULTED me by grabbing my damn arm and bruising it all to hell with his FULL handprint imprinted on it, THEN he said something. The whole damn thing was unjustifiable, and he should have stopped me by stopping the buggy, instead of assaulting me,and ASKED me to come with him.
Oh, and my lawyer is my grandfather(HAHA!) One of the BEST CD lawyers in this state, and all I owe him is my word that it won't happen again.
i SEE THAT YOUR SARCASTIC ASS IS ALL ABOUT GETTING OFF ON PUTTING DOWN POOR PEOPLE WHO MAKE MISTAKES,JUST LIKE ANY DAMN BODY ELSE.All you just did was put the damn LP on a pedastal, and put me down to the dirt for being poor, and making a bad mistake.I only have 3 words for your sorry ass....you know what they are...

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Is this the killing him with kindness thing you were talking about?

You say you made a mistake. Like you tripped and accidentally shoplifted.

You made a conscious decision, and are now honestly surprised that you are being treated like a criminal.

Not because you are poor, but because you committed a crime... poorly, at that.

I am glad your grandfather is taking your case. You will need all the help you can get.

No one praised the LP. However you have an Attorney and you seem to dislike the answers your getting here so perhaps its time to move elsewhere?;)

Ohh, and for all of you who told me to make sure my lawyer sees these posts on this forum,I did. I emailed it to him,and he wasn't pleased...he was mad as hell at everyone who ridiculed me, and told me not to listen to any of the negative smartasses on here,and also that most of you don't know shit about the law,or anything else for that matter.I've read plenty of threads on here where there are people who have done alot worse than me,and were given the utmost respect, and honest,non-sarcastic answers.A few were a few of you on here who did the total opposite.I can't remember your screen names, but I want to give a great big thank you to the people who posted to help me out as best as they could, and a thanks a hell of a lot to the ones who made me feel like a no good for nothing piece of shit.Everyone has feelings,and for a select few of you, you did a wonderful job hurting mine, anhttp://www.expertlaw.com/forums/images/styles/expertlaw/smilies/mad.gif
:mad:d I want to thank you for the constant tears...DAMN IT, I HATE ASSHOLES!

Please take your potty mouth some place else as I will be reporting this post. By the way I have my doubts on your Lawyer story. If you had a family member who is a Lawyer why would you come here?:rolleyes:

I don't really care if you believe me or not about my grandfather.Also, I truely could care less if you report my posts.My potty mouth would have never started if the sarcasm hadn't happened. Have a great rest of the night sweetie! :)
MUAHHH!http://www.expertlaw.com/forums/imag...es/biggrin.gif
:D

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Quoting Nevaeh75

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My attorney only has to handle the "concealment of goods" charge. So, he will have an easy job making easy money

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Quoting Nevaeh75

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Oh, and my lawyer is my grandfather(HAHA!) One of the BEST CD lawyers in this state, and all I owe him is my word that it won't happen again.

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I guess I got confused on that part, if you're not paying for a lawyer how will he make any money?

And I wasn't choosing the LP's side, just simply stating if you didnt want that embarassment to go down you shouldn't have done what you did. You also need to realize he was doing the job he is paid to do You may have thought he acted wrong but how is he supposed to know you're different from the hundreds of other shoplifter's he's dealt with? He doesn't know you, nor what you're thinking. And unless you can say he intentionally meant to bruise you, it was nothing more than an accident. Like someone mentioned some people bruise easier than others. How was he to know?

And being poor has nothing to do with how people are treating you, perhaps it's your language and responses you're getting when seeking answers for "free". Good Luck.