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Was Wal-Mart Trampling a Crime?

Experts mixed on whether death can be prosecuted

By Matt Cantor,  Newser Staff

Posted Dec 2, 2008 9:32 AM CST

(Newser) – Trampling a Long Island Wal-Mart worker in a frenzied rush for flat-screen TVs may be a prosecutable crime, reports Newsday, but experts are split. “In order to prosecute a homicide, you have to establish that someone caused a death," said a lawyer. "If I stepped on his arm, or chest, or leg, even if you have that on video, how are you going to establish that I caused his death?"

People pushing their way into the store may not have known they were hurting Jdimytai Damour. But if someone, say, purposely pushed Damour down, charges would be more likely. “Video is going to be the deciding factor,” noted another lawyer. Either way, a civil case—which requires demonstrating simple negligence to assert that Wal-Mart is responsible—could be an easier route for Damour’s sisters, who have hired an attorney.

Nassau County Police stand just beyond the broken door of a Wal-Mart in Valley Stream, NY, Friday, Nov. 28, 2008, as they investigate how a temporary Wal-Mart worker died.
Nassau County Police stand just beyond the broken door of a Wal-Mart in Valley Stream, NY, Friday, Nov. 28, 2008, as they investigate how a temporary Wal-Mart worker died.   (AP Photo/Ed Betz)
A woman struggles as she comes through the doors with other shoppers at a Wal-Mart store in Secaucus, NJ, shortly after 5am, Friday, Nov. 28, 2008.
A woman struggles as she comes through the doors with other shoppers at a Wal-Mart store in Secaucus, NJ, shortly after 5am, Friday, Nov. 28, 2008.   (AP Photo/Mike Derer)
Nassau County Police examine the front of the Wal-Mart in Valley Stream, NY, Friday, Nov. 28, 2008, after a worker died after a throng of eager shoppers broke down the doors and trampled him.
Nassau County Police examine the front of the Wal-Mart in Valley Stream, NY, Friday, Nov. 28, 2008, after a worker died after a throng of eager shoppers broke down the doors and trampled him.   (AP Photo/Ed Betz)
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COMMENTS
Showing 2 of 2 comments
bacimom
Dec 7, 2008 11:01 PM CST
Anyone remember the Who concert?
Shannonals
Dec 3, 2008 4:00 AM CST
I conclude a crime. The people involved knew they were intentionally shoving people out of the way, and in cases knocking people to the ground.

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