Forever 21 Security Puts Choke Hold On Deaf Customer

[MMiz]

I don't have the facts, but this is how I imagined it:

Alarm goes off, or security guard tells men to stop so he can check something. They, being deaf, disregard his instructions and keep walking. The security guard, not in a guard uniform, makes physical contact with the deaf person as a means of stopping him. Due to the communication barrier and the lack of a formal guard uniform the deaf alleged shoplifter becomes fearful and is combative. Then once it starts it's too late to stop.

I posted this in an EMS community because I often catch myself off guard with diabetic patients. Is it a stroke? Are they on drugs? Why are they so hostile and combative? Seriously, I have gotten in heated arguments with diabetic patients only to later treat the patient and see their condition return to a normal state.

Just some food for thought.

 

[Aprz]

Just some food for thought.

Yummy, haha.

Yeh, I didn't even think about that lost prevention officer not being in uniform. That could definitely have contributed to what happened.

 

[bstone]

What a shockingly horrifying video of battery against a deaf person. I hope that rent-a-cop goes to jail.

 

[jjesusfreak01]

I think the best story I have read so far by some bystanders is that the deaf men walked out of the store and the security guard immediately tackled him because he thought they were shoplifting rather than tap them on the shoulder and ask to see the receipt (which of course they still don't have give him). Like the other posters said, the guard has absolutely no power to do anything unless he actually witnessed the theft. A crappy alarm system dinging because the cashier didn't deactivate tags properly is no cause for battery.

It is possible that they did shoplift, but again, that changes nothing. Unless the guard SAW them do it, he should be off to jail right now. He is obviously neither qualified nor trained properly to take down anyone safely.

 

[Phlipper]

Basing it off the video (of course) only, if I was walking by, the security guy would have been seriously hurting after that

+1

That was total BS from everything I have read/heard about it. Homeboy with the choke hold would have been eating boot stat if I was walking by. Hope they sue his *** into next week.

 

[bstone]

Rea's lawyer, John Henrichs, is threatening to sue the store for using excessive force and causing injuries to Rea, something Forever 21 acknowledged in a statement.

"We recognize that the security guard used excessive force, which is against our store policy and have suspended him indefinitely," the store said in a news release.

Source: http://www.cnn.com/2010/CRIME/08/19/california.deaf.shoplifting.arrest/index.html?hpt=T2

At least they are admitting fault. Probably not a bad idea to admit they are wrong.

 

[mar7967]

Focusing on the deaf part of this story, the area I am in has a lot of deaf people. The university I go to had a college for the deaf. I am on the collegiate EMS agency, and a good percentage (30-50 is would say) of our patients are deaf. Sometimes we get an on-call interpreter, others we don't. Some of us know basic sign language, others don't. If needed, we just use old fashioned pen and paper to communicate, or see if any of the pt's friends, etc can interpret for us.

 

[emt seeking first job]

Even though I did not review all the facts, they can only affect a citizen's arrest if they witness the person steal the item.

If the alarm goes off, they can ask to stop and co-operate with a search but the person need not agree to comply.

A security guard, ie, citizen can only arrest someone in an in-fact scenario, ie, witness, not on reason to believe....

 

[emt seeking first job]

Source: http://www.cnn.com/2010/CRIME/08/19/california.deaf.shoplifting.arrest/index.html?hpt=T2

At least they are admitting fault. Probably not a bad idea to admit they are wrong.

It seems like many organizations fail to ascertain upon hiring whether their security people can follow simple protocols......

 

[emt seeking first job]

Honestly the video doesn't prove anything and it doesn't show what lead up to it.


Having been in wrestling matches before with shoplifters, I'm inclined to side with the security.... stop them (safely) where you can once they leave the building and let the PD sort it out.


We (be it consumer sales, EMS, LEO, whatever) cannot tell if someone is deaf or not just by looking at them walking, and it's even harder to do when you're wrestling (which security is generally allowed to do in the case of shop lifting)

Did the security guard witness the actual theft ?

That is the crux of it.

Also, no LEO or security person is ever authorized to use a choke hold.....

 

[emt seeking first job]

There is what is supposed to happen, and what does.

I once had a security guard lie to me and tell me he was a commissioned police officer and thus could force me to take a patient against their will. Turns out the only thing he was commissioned to do was write misdemeanor shoplifting tickets. The local LEO was NOT happy about the situation.

I don't agree with the choke hold, but with the guard not knowing the patient was Deaf I can see why he decided to detain the man if the store alarm went off and he didn't respond when told to stop.

And yeah, the guys friend was trying to tell them he was Deaf, more than a minute into the video. In the mean time he was running around and not doing much but aggravating the situation.

What security is commisioned to write shoplifting tickets......?

In new york state, you either have peace/police status or not, not for selective offenses......

And only difference police/peace is re: warrents and status off duty..

 

[Aidey]

I'm not in NY state. There is probably a difference in state laws. Per the local police security at many of the large businesses here have the ability to write certain misdemeanor tickets. If the theft is over a certain amount or the person is violent they have to call the police.