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  1. #1
    Join Date
    Jan 2006
    Location
    Michigan
    Posts
    5

    Default Michigan Walmart Retail Fraud

    State: Michigan Walmart
    Crime: Shoplifting
    Defendants: male age 25 and female age 24
    Records: First time offense

    We were accused of removing security devices from $103 worth of DVDs and placing them into a purse before leaving the premises. Although the alarms went off, we were approached too quickly for the secret shopper/security personnel not to have suspected us in advance. We were immediately grabbed and I was eventually tackled to the ground. They ripped my friend’s designer purse and coat in the process. While neither one of us fought back, the female employee was being rough with my friend and later claimed that my friend tried striking her. The male grabbing me admitted that I tried to break free, but he said it was only to help my friend. The cops were called before the incident began and arrived on the scene within five minutes. I was compliant and they cuffed me as I was escorted to the security room where I provided them with my i.d. and verified that the DVDs were all that we had. While my face was left badly scratched/bruised, they contemplated pressing assault charges, which mentioned shouldn’t be necessary, against my friend but told the cop they needed to talk to the manager (who wasn’t at the site). My friend and I were served the Walmart “no trespassing” papers, but we haven’t signed anything. My friend and I were then driven to the local station for finger printing and mug shots, where we learned that the Walmart manager informed her people to press assault charges against my friend. To prove to the assault charge being bogus, my friend and I were half the size of each of our attackers/restrainers. Both attackers left the incident without any signs of a struggle while I looked like Mike Tyson’s punching bag and my friend had ripped clothing. While separated, my friend and I were asked by the cops if they Walmart employee’s introduced themselves and we both stated “No.” We opted not to make a statement and were released from the station, but we still haven’t received citations or other paperwork from the state and it has been a month. Our Walmart Civil Orders came last week and we’re still trying to figure out what to do. I’ve learned my lesson, but their violence seemed extremely unnecessary and I’m hoping to move on as cleanly as possible. My primary objective is to keep a clean record and the minimal fine would be ideal after that. Any advice would be greatly appreciated and reduce my stress load significantly.

  2. #2
    Join Date
    Nov 2005
    Location
    Seattle, Wa.
    Posts
    529

    Default

    It sure sounds like the security was already watching you, but I'm a little confused. You claim you were, "Accused of removing security devices from $103 worth of DVD's and placing them into a purse before leaving the premises".....so DID you steal the DVD's or not?

    It also sounds like you did in fact resist the security for them to respond as they did. If you did resist (and I think you did) you got what anybody gets when you fight back. If the question of assault charges was brought up, then there must have been a reason. If you feel the need to become a booster, don't wear designer coats and carry Louis Vuitton. Some of the thieves I've caught were smaller than I but gave me more trouble than a big person, so size doesn't mean a lot. It also doesn't matter if you refused to sign the trespass notice, it's still in effect. If you didn't make a statement, that's OK, it'll all come out in court. Trust me on this, if you were charged with theft and assault, it's not going away you both will be going to court. For security, it's not easy when dealing with every type of personality under the sun. Drunks, tweekers and hypes are unpredictable as they come....then add a little adrenalin to the mix, you're lucky you didn't get beat down hard, some security are like that.

  3. #3
    Join Date
    Jan 2006
    Location
    Michigan
    Posts
    5

    Default

    Thank's for the comments/insight... now onto business. I'm not facing assault charges and the employees were not going to file them against my friend unless their manager (away from the premises at the time) told them to. I've already began honoring the no trespassing charge and any possible morality lessons from this situation have been learned. I would appreciate anyone familiar with Michigan law and this situation to please help enlighten me on what I should do/expect (legally).
    Should we pay the Civil Demand even though a court date hasn’t been established?

    Although we haven’t received citations yet, will a court date occur since cops were involved?

    Do we have any leverage since the Loss Prevention Specialists didn’t introduce themselves?

    Does the excessive violence inflicted upon my friend and I give us any leverage in getting these charges dropped? (I have pictures of her black eye and my face/arms severely scratched and bruised)

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