AP/ November 25, 2011, 4:32 PM

Ariz. grandpa roughed up by police in Walmart

PHOENIX - Police in the Phoenix suburb of Buckeye are coming under fire for a video posted online Friday that shows a grandfather on the floor of a Walmart store with a bloody face after police said he was caught trying to shoplift a video game.

The video, posted on YouTube, shows 54-year-old Jerald Allen Newman unconscious and covered in blood after a police officer took him to the ground Thursday night.

Officers in the video are shown trying to sop up blood as outraged customers yell expletives and say, "That's police brutality," and "He wasn't doing anything."

"Are you sure that was necessary for shoplifting?" said one shopper. "Why would you throw him down so hard?"

Big biz, some black eyes on Black Friday

Newman's wife and other witnesses say that he was just trying to help his young grandson after the boy was trampled by shoppers, and only put a video game in his waistband to free his hands to help the boy.

Larry Hall, assistant chief of Buckeye police, said that Newman was resisting arrest and that it appears the officer acted within reason.

He did not immediately release the name of the officer, who was hired off-duty by Wal-Mart with five other officers.

Hall said a Wal-Mart employee alerted the officer involved that Newman had put a video game in his waistband and that the officer approached Newman and started to arrest him.

When he had handcuffs on one of Newman's wrists, Hall said that Newman told him, "I'm not going to jail," and started pulling away and flailing.

Hall said that Newman continued resisting and that the officer decided to do a "leg sweep" and take him to the ground.

"Unfortunately, the suspect landed on his head," Hall said.

He said an administrative review will be conducted to assess the officer's use of force, but that at first blush, it appears to be justified.

"The officer didn't lift the guy over his head and slam him to the ground," Hall said. "He used a minimum amount of force, the suspect resisted arrest, and the officer actually could have escalated his use of force. But he didn't. He used his hands to take the suspect into custody."

Newman was taken to the hospital and got four stitches for a cut on the left side of his forehead. His nose was also bloodied but not broken, Hall said.

He was then booked into the Maricopa County jail on charges of shoplifting and resisting arrest.

Hall said an officer found the man's young grandson crying nearby and that the boy was turned over to his grandmother.

© 2011 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
28 Comments Add a Comment
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lasvegasteacher says:
Boy, I know WalMart is relieved to know they didn't lose a CD to that man. Wouldn't want to see someone get away with a CD. No sure ree. For those of you who cannot tell, I am being sarcastic.

By the way, wonder how many actual shoplifters were able to leave the store with stolen goods while those 4 or 5 police officers were tending to this grandfather's open wound.
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JohnPublic5017 says:
I hope this grandfather sues the pants off of the cops and walmart. The article states this happened in Marcopia county? Say no more, the abuse of peoples rights have been documented many times over in that area. And they wonder why they are called pigs!
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kathymilby replies:
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I don't know how they can say he was shop lifting. He hadn't gone through the check out yet and he hadn't tried to leave the store.
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irreverentasever says:
Just seems like there are too many stories of shoppers running amock in Walmart stores and they should be held liable for it. If this guy is most likely guilty of what he is being charged for then Walmart should release the security video.
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httpwwwnews says:
Wal-Mart KNEW that they would have trouble at 10:00-12:00pm on the 24th. They thought a little class, on the floor, where they assigned duties to each employee was sufficent. That they knew they needed an employee walking around with a firstaid backpack, tells it's own story. Wake up Wal-Mart! It was likely a stampede in every store you own. People were endangered and hurt. Get a new and safe method for drawing the customers in for Black Friday. Lines and tickets work for Best Buy, think of something beyond the mighty dollar, like the safety of your customers.

The cop who attempted to arrest this man should be charged with assault. He was not on duty, he was a citizen hired as a security guard. Suspected shoplifters are detained at the door when they attempt to exit, not in an aisleway. And by the way, when something is in plain sight, half shoved in your pants as you pick up a small child in the middle of a stampede, that's not shoplifting! A questionable act for sure, but quite understandable in light of the situation. The officer should be reviewed for fitness for duty as he believes he's above the rights of citizens.
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seezero1 says:
"The officer didn't lift the guy over his head and slam him to the ground," Hall said. "He used a minimum amount of force, the suspect resisted arrest, and the officer actually could have escalated his use of force. But he didn't. He used his hands to take the suspect into custody."

Did anyone actually say that the officer lifted the guy over his head and slam him to the ground? Come on, Mr. Hall. Do you think anyone will actually lie like that? I would like to think that they would tell the truth about what they witnessed. You're just trying to make your officier look good by saying that someone could possibly lie like that when he didn't lie like that yet.

There are principles in the study of logic that people tend to violate. Some types of violations include red herrings, guilt by association, etc. I don't know which one Hall is committing but I think he is committing one.
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seezero1 says:
This execution of catching shoplifters is not a good one in my opinion. If the grandfather was still in the store and not past the theft-device detector gateway (many items including the one the grandfather was carrying has a theft-device detector in them), then it is not shoplifting yet. You have to give him a chance to take the game back out of his waistband before he walks past the gate.

How many seconds or how much time elapsed from the time he put the game in his waistband to the time the employee alerted the police?
Was any part of the game sticking out when he put the game in his waistband? Were there any witnesses who can say and prove that he was trying to save his grandkid? Is there any video footage to prove either way what his intentions were?
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smittyc says:
Hard to say. If the guy is 54 had other violations, might be something there. With his grandson and wife being present, the story his wife gave is plausable. If concealment is grounds for arrest in that locale, the shopper has legal problems but if the law states he must go past the checkouts and attempt to exit the police officer is in a lot of trouble and Walmart is on the hook for a lot of money. Overall, the cop sounds like a rookie.
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ludvig1-2009 says:
I'm a retired federal nuclear engineer and 14 gallon blood donor. I have actually absent mindedly found myself outside of a store without paying for an item. I then went back in and paid for it. I can believe the guys story and I see how cops behave. My doc told me to lose weight or get diabetes. I took his advice and started doing 1000 calories of exercise a day outside, walking and riding my bicycle. I was harassed while riding a bicycle and now know the reason why. The cops in this town according to the local paper call bicycle riders "SOBs" standing for Scum on bicycles. I agree with all those who think the cops are totally out of of control. I don't buy anything taxable in my town anymore as the town voted in a 1/2 cent tax to put more of those idjits on the street.
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seezero1 replies:
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That is very well said. Just because someone is riding a bike does not mean they aren't human beings. They have rights like everyone else. In your case, since you most likely have a vehicle that you can drive anytime you want to unless it is in the autoshop for repairs (LOL), you were only riding a bike for the purpose of exercising and recreation. Why didn't the police there think of that possibility. I think they need to take a course in logic. I think they committed "guilt by association".
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ludvig1-2009 says:
I thought you had to exit the store with the goods in hand before being charged with shoplifting. I'm pretty sure in California when they show videos of shoplifers being arrested it's as they exit the store. It is quite plausible that he was trying to free his hands so he could pick up his grandson.
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RealiteBites says:
Wow, that's horrible! There's no reason ANYBODY should end up in that condition over a stupid video game.
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