A hatchback crashes into a bicycle on May 11, 2023 in Fresno, California. (Screen capture via Law&Crime with permission of the homeowner)
A Dollar General store in California could face hefty fines after an employee allegedly chased a suspected shoplifter alone, hit him with a car and ignored the state’s monopoly on violence.
Doorphone footage recorded earlier this month shows a white hatchback or small SUV mowing down a black man on a bicycle.
You can hear the screeching of the brakes as the clip begins. Then, almost instantly, the sound of a bicycle crashing to the ground was heard, and the contents of the man’s basket tumbled down a suburban-looking driveway, spilling some of it.
A bouquet of pink roses also falls.
When the man tried to get back on his feet, the woman flung open the car door and appeared to hit him again. After that, the man tries to pick up a bag of potato chips, soda cans, etc. in the distance.
“Who do you think you are?” the woman shouts at the man. “Are you stealing anything from my store?”
In the video, a man and a woman are yelling at each other. The woman allegedly picked up the man’s bicycle basket and threw it beside her. The man continued picking up debris.
“You’re not living the life I’m living, b-,” he tells her.
Both men and women can be heard getting upset, making the conversation increasingly difficult to understand. After a while, the woman also starts collecting items and places some items in her car, including a rose. The man gathered a few items in her hand and walked away, telling her he didn’t deserve her shoplifting.
Eventually, the woman reverses the car as the clip breaks.
The shocking incident happened on May 11th in Fresno, California.
Los Angeles-based personal injury attorney Krista Ramey had no connection to the case, but recently spoke with Sam Goldberg on an episode of Law & Crime’s “After Hours” to discuss the legal implications of the attack on the man. evaluated the problem.
“She should be fired,” Raimy told Law & Crime magazine. “This is reason enough to fire someone.”
Driving into a suspected petty theft, or a thief with a proven record of stealing something much more important, goes far beyond what an employee is allowed or expected to do. explained the lawyer.
“They say he stole something,” Raimy said. “But we saw what she did. have a nature.”
The attorney went on to explain the affirmative defense to the crime of wrongful imprisonment and tort.
“Stores usually have what’s called ‘owner privilege,'” Ramey explained. “They are allowed to detain someone they believe has a presumed cause that a crime has been committed, in the same way a police officer stops you. If so, but what the shopkeeper’s prerogative does not allow is to deliberately run over someone.”
He went on to explain that many stores try to limit their employees’ ability to respond to alleged thefts, such as security guards, if the employee’s job description is to prevent theft in the first place. It’s dangerous and goes too far. ”
“This is an intentional battery,” Ramey said. “Bring a murder weapon.”
Under California law, assault with a non-firearm carries a maximum sentence of four years in state prison.
Ramey said stores could also be potentially liable for employee conduct, which could run into the millions of dollars. The extent of these responsibilities depends on the extent of the injury to the cyclist, she said.
“We don’t really know if he is injured at this point,” the lawyer explained. “It may take a day or two before you realize how much pain you’re in. After the adrenaline is gone for the moment.”
Ramey warned that there are cases where: Might be so If the clerk intends to make do with a small amount of stolen food, it is recommended that the person be simply detained.
“Potentially it’s worth stopping someone and holding them until the police arrive, but not running them over with a car,” she said. “Ever. Such things should never be allowed in a civilized society. That’s why we have law enforcement.”
According to inquiries from Law&Crime, Fresno Police have no knowledge of the incident.
Law&Crime also reached out to Dollar General, but did not receive an immediate response.