Wal-Mart denies claims in lawsuit over fatal store shooting

[Judi Lynn]

Source: Associated Press

Wal-Mart denies claims in lawsuit over fatal store shooting
The Associated Press
Posted: 03/06/2015 03:25:41 PM MST | Updated: 94 min. ago

COLUMBUS, Ohio (AP) — Wal-Mart is denying allegations of civil rights violations and negligence in the death of a black man who was shot by a white police officer while holding an air rifle inside one of its stores in Ohio.

John Crawford III was shot in August in Beavercreek. Police had responded after a 911 caller reported a man waving what appeared to be a firearm.

A grand jury concluded the shooting was justified. Crawford's family sued in federal court, seeking at least $75,000.

The city, its police chief and two officers named as defendants deny the family's claims and are asking a judge to dismiss the lawsuit.


Read more: http://www.dailycamera.com/nation-world-news/ci_27662060/wal-mart-denies-claims-lawsuit-over-fatal-store

[NoJusticeNoPeace]

1. Shooting was justified? SHOOTING WAS JUSTIFIED?

As to Walmart, they will deny and get sued and then we will see what we see, SOP

[cstanleytech]

3. Yes, thats what grand jury said but this isnt about that but is Walmart

guilty of "civil rights violations and negligence" for the shooting and I am confused at why they are trying to hold Walmart responsible for the shooting, the cops? Ok but Walmart????
I mean ya its a shitty company now and Sam Walton would probably be ashamed of it and his children but I am just not sure if Walmart should be sued over this shooting.

[NoJusticeNoPeace]

4. Obviously much information we dont have as to why they are being sued.

GJ is full of shit

[mercuryblues]

6. when suing

a wide net is cast. Scoop up as much info as possible. Then see if it matches what the police have turned over. Then they will most likely get dropped from the lawsuit.

[ManiacJoe]

9. Walmart is the one with the deep pockets.

Since Walmart has the misfortune of being the location where things went bad, somehow they are to be held with some responsibility.

[Orrex]

2. I'm not sure how Walmart might have been held liable

If memory serves, they didn't call the cops nor fire the shot that killed the victim. What is their role, exactly?

I could certainly see holding the cops liable, of course, but not sure how the venue is at fault.

[Comrade Grumpy]

5. They allowed their guns/toy guns to be picked up and carried around.

Which led to this guy getting shot. With several intermediate steps in between.

They also have a lot of money.

[Orrex]

7. Even so, I don't see how that credibly violates the victim's civil rights.

Displaying the product doesn't violate his rights.
Allowing him to pick up the product doesn't violate his rights.
Allowing him to carry the product through the store doesn't violate his rights.

Don't get me wrong--he was murdered and the cops should be held fully accountable, but I just can't see how Walmart is to blame.


And $75,000? I wish they'd sought much, much more.

[ManiacJoe]

10. Your mistake is trying to apply logic to the situation.

Walmart is included in the suit because they are the ones with the deep pockets.

[Corey_Baker08]

8. I Understand Negligence Because The Gun Was Out Of The Box...

Which in any & all Walmart stores I've ever been in this type of gun is enclosed in a box with a 'spider web' anti- theft security device on it that is designed to keep the box from being opened...

Keep in mind this store is about 30 minutes from my house & our local news showed Mr Crawford walk into the aisle & pick the gun up, it was not in a box, it was not a display item. The gun was sitting on the shelf, Mr Crawford picked up the item was looking at it when someone called 911 reporting there was a man carrying a large gun around the aisle.

Police responded & shot him several times after sneaking up on him not even ordering him to drop the weapon. Police should have been held accountable but were not.

As far as Walmart is concerned I believe their actions were negligent. The gun should have been in the box. Where was Walmart loss prevention & why did they not confront him, they obviously didn't think he was a threat or they would have called Police. Some locals speculate loss prevention thought he was going to steal y item but waited to confront him because unless he attempts to leave the store with the item they could not have him arrested for theft.

Tragically 3 people died as a result of this incident. Mr Crawford after being shot by police, a Walmart customer who had a heart attack after hearing the gunshots, as well as Mr Crawford's girlfriend who was in the store with him at the time of his death, tragically she committed suicide weeks later citing in a suicide note that she and John had planned to grow old together and she could no longer live happily without John (Crawford)

[beevul]

11. "this type of gun"

All the information I've seen, indicates that the gun in question, was an air gun of some kind, such as an air rifle.

In most places in America, no law exists that such things must be kept "behind a counter" or "in a case".

And so in most stores, walmarts and others, you'll find them on the shelf next to airsoft and paintball guns, with some boxes opened, presumably for inspection purposes.

"They're negligent for allowing the free handling of an air rifle" when such is the norm in this nation, doesn't strike me as winning argument, or even a valid one for that matter.

Theres also the matter of how the person who called 911 and reported it, lied to the operator:




'It was a crank call': family seeks action against 911 caller in Walmart shooting

http://www.democraticunderground.com/1014904518

A real prize winner, that caller:

"Walmart 911 Caller Ronald Ritchie Says John Crawford ‘Kind of Deserved It’"

http://www.democraticunderground.com/10026239901


Seems a lot of people default to blaming something or someone other than that caller. Blame guns...blame walmart...


Not too many seem to actually place any blame on that caller.

[Corey_Baker08]

12. First Of All No Law Exist, However Store Policy Dictates This...

and while I agree to also blame the gun manufacturer, this specific model was no ordinary air soft pistol. This weapon was a replica of an AR-15 Assault Rifle with no distinguishing marks indicating that the weapon was in fact an airsoft gun. Given these facts I do not disagree that the manufacturer of the weapon should additionally be held accountable but I believe the manufacturer will point the finger at Walmart because it is an item meant for outdoor use only so why in fact was this weapon out of the box in the first place.

Walmart has admitted that the weapon should have never been taken out of the box in the store or on store property, let's not forget Mr Crawford was NOT the party responsible for taking the item out of the box that did in fact have a security device on the box for the purpose of notifying Walmart Asset Protection when the box was opened.

Walmart has a return refund policy for a reason and one of those reasons is so Customers do not take products out of the boxes or packages to inspect them. If the customer is not satisfied and or the product is defective they are free to return it to the store for a refund or exchange of identical item.

While I do not believe Walmart should be solely held accountable, I do believe there are store policies put in place to deter something like this from having occurred.

I agree with you that the 911 caller should also be held accountable in a civil and criminal court of law because what his 'crank' call did was induce panic which subsequently caused the deaths of two innocent people.

I agree that the officers involved in the shooting as well as the Beavercreek Police Department should have also been held accountable, in fact the Chief of Police had announced to the public he would be resigning his post that was of course until Ohio's POS Attorney General announced his office felt the officer's actions were justified therefore his office would not pursue the case any further.

[beevul]

13. Details details details.

"while I agree to also blame the gun manufacturer, this specific model was no ordinary air soft pistol."

Agree with whom? I don't agree that the manufacturer is liable in any way for what happened. About it not being an "ordinary" airsoft pistol? Define "ordinary". Guns and yes even air rifles, have been making the transition towards what some call "looking military" and others call "modern", since before high end home stereo equipment started making the transition from beautiful brushed aluminum and wood to black and usually plastic.

I don't see a lot of significance in that.

This weapon was a replica of an AR-15 Assault Rifle with no distinguishing marks indicating that the weapon was in fact an airsoft gun.

Ohh "big scary assault weapon"...bleh. There are few people that such things actually matter to. Beyond that, there were no "distinguishing marks indicating that the weapon was in fact an airsoft gun" because it wasn't in fact "an airsoft gun" at all. It was an air rifle, which is a far different thing than an "airsoft" which are more or less toys. The air rifle in question was an mk-177 air rifle according to this source:

http://www.nydailynews.com/news/crime/police-kill-man-air-rifle-walmart-ohio-article-1.1895479

This is an MK-177:



This is an ar-15:

"Walmart has admitted that the weapon should have never been taken out of the box in the store or on store property, let's not forget Mr Crawford was NOT the party responsible for taking the item out of the box that did in fact have a security device on the box for the purpose of notifying Walmart Asset Protection when the box was opened."

I have not seen seen any information yet, as to who took it out of its box, nor any information about the "security devices" that tell when a box is open. Remembering a few times walking through the sporting goods section in any of the wal marts in my travels, I can't recall ever seeing such a thing. I'll have to take a closer look the next time I encounter a wal mart.

I agree with you that the 911 caller should also be held accountable in a civil and criminal court of law because what his 'crank' call did was induce panic which subsequently caused the deaths of two innocent people.

I don't fault anyone BUT the caller. Absent the callers actions, Crawford isn't shot by the police where and when he was.

[Corey_Baker08]

17. While I Strongly Disagree With Your Assessment...

I suspect we will not agree on this issue. I have personally saw the video of Mr Crawford picking up the gun out of the box sitting on the shelf.

Unlike you I am not relying on New York news for my information, I am getting my information from Walmart employees as well as those on the scene as well as my local news that was first on the scene minutes after the shooting and they did a very good investigation & reporting on this tragedy.

That is All, We Cannot Agree.

[beevul]

18. Then the AG is wrong too.

According to the attorney general's office, John Crawford III was carrying an MK-177 (.177 caliber) BB/Pellet Rifle when he was shot. Manufactured by Crosman, it is known as a “variable pump air rifle.” Online ads show a retail price of about $100.


See more at: http://www.whio.com/news/news/report-shooting-beavercreek-wal-mart/ngwTS/#sthash.CEWHt2tY.dpuf

[EX500rider]

15. "The gun was sitting on the shelf, Mr Crawford picked up the item was looking at it"

I think you mean "picked it up and walked around the store with it", not in a basket and not holding other items, both activities would have most likely prevented this from happening. Also no way to buy the item without the barcode on the box so I do wonder why he was wandering around with it, which turned out to be a bad idea.

[wordpix]

14. I would sue on basis of WM displaying/selling toy guns that look real

If any of the corporate heads had thought of potential dangerous situations in the stores, this should have come up

Tamir Rice also killed b/c he was waving around a toy gun that looked real.

Just stop selling toy guns. If you "have" to sell them, put them under lock and key. Of course that wouldn't prevent a tragedy like Rice, who was with his toy gun at a park.

[EX500rider]

16. "I would sue on basis of WM displaying/selling toy guns that look real"

Unfortunately pellet rifles ARE real guns, they just used compressed air to fire a bullet instead of gunpowder and can be used for hunting small game/vermin. The gun in question can fire a lead pellet at around 500mph.