Posted on 01/31/2003 4:53:01 AM PST by rw4site
THEFT VICTIM MIFFED AT STORE'S INACTION
By: JACQUE HILBURN, Staff writer January 30, 2003
A Flint woman said Thursday a pickpocket who allegedly stole her wallet at Sam's Club over the weekend was allowed to leave after a store manager indicated it would be too much of a liability to intervene.
After refusing to detain the suspect until authorities arrived, Jean Short said the same store official also told an off-duty sheriff's deputy - who responded to her cries for help - to let the suspect go because there were no security personnel present. Ms. Short, 54, said the thief ultimately walked away with her cash, credit cards and Social Security number, as well as keys to her home and vehicle.
"It's been a nightmare," Ms. Short said. "I'm terribly upset. We had the man detained and the store's management wouldn't do a thing to help."
The next day, a passerby located the woman's keys and wallet - minus the financial information - in a Dumpster across town, she said.
She continues to worry about identity theft and the ensuing fallout.
Jason Wood, business manager for Sam's Club, would not answer questions posed Thursday about the incident, including whether the store has security measures in place to protect customers from crimes committed on store premises.
"If you'll hold on, I'll get you a phone number to answer questions like that," Wood said, referring inquiries to a corporate communications department in Bentonville, Ark.
When asked if he would explain security protocol outlined for the Tyler location, Wood said: "No, I cannot."
Wood also was asked whether corporate officials in Arkansas would have knowledge about an incident in Tyler. "No," he responded, "not by specific incident."
Jolanda Stewart, a Sam's Club corporate spokesperson, addressed the issue.
"This is an alleged incident," she said. "No one saw anyone lift anything from this lady."
Management has strict security guidelines in place to safeguard both employees and customers, she said.
"According to our policies, we have to maintain eye contact, see them conceal it and then walk past the point of purchase" before making contact with suspected thieves. Even then, managers are discouraged from physically restraining anyone because of the threat of weapons.
"Our managers did not see anything take place," Ms. Stewart said. "We work hard to protect our members and make sure they have a safe shopping environment."
Recalling the encounter, Ms. Short said Thursday she sensed something was wrong when the man began pestering her as she attempted to shop. Her husband and two adult children were shopping elsewhere in the store, located at 2025 SSW Loop 323.
"He approached me in the book section, asking for help with a muffin recipe," Ms. Short said. "He got right in my face, in my personal space, and started asking me questions. I tried to be polite and answer him, but then I started thinking, 'something isn't right.'"
Ms. Short said she turned to her buggy to find her purse gaping open and her billfold missing.
She turned around and observed the man hastily walking away.
"I started shouting for help," she said. "My daughter stepped in front of him and confronted him in the electronics department."
The woman's son joined in, as did several people - some of whom claimed to have observed an unknown object passed between the man to another woman, who disappeared in the confusion, Ms. Short said.
"He denied taking it," she said, "But I know he did."
Hearing the woman's cries for help, the sheriff's deputy stepped in to help detain the man.
A call was made to police, but store management ordered the deputy to release the suspect before officers arrived, Ms. Short said.
The detainee left without revealing his identity.
Attempting to aid in identifying the culprit, a Sam's employee pointed out a book the suspect had been carrying might offer fingerprints, the woman said.
"Mr. Wood ordered her to return it to the shelf and go back to her station," Ms. Short said. "This indifference and apathy not only denied protection and assistance to me, but freed this criminal to continue victimizing others."
Ms. Short said the company's lack of cooperation prompted her family to cancel its membership with Sam's. She has also filed a complaint with the Better Business Bureau.
"I want to feel safe when I shop," she said. "I don't feel safe going there anymore."
SAFETY FIRST?
The encounter raises many questions, including whether businesses are obligated to protect their customers who fall victim to crime on their premises.
Speaking generally, victims have a right to take reasonable steps to protect themselves and their property from harm, an official with the Smith County District Attorney's Office said.
"Any citizen can make a citizen's arrest if they see an offense happen," said Assistant DA Ed Marty. "People can arrest or detain someone if it is committed in their presence."
A peace officer can also help detain a suspect until authorities arrive.
But in most misdemeanor offenses, the officer needs probable cause, not just a reasonable suspicion, to execute an arrest if he did not observe the offense take place, the Texas code of criminal procedures indicates.
There are exceptions, such as assaults, records show.
There are also a host of gray areas - for example, if an offense happens inside a business, the owner, to a certain extent, has some authority in how an incident is handled, the assistant DA said.
Further, storeowners are not necessarily obligated to help intervene in someone's behalf, Marty said, adding, "It's a practical issue, not a legal issue."
Tyler police records show many people accused of shoplifting or theft in Tyler are typically escorted to the store's business office to await the arrival of authorities.
Time was apparently not a factor in the decision to release the alleged pickpocket suspect Saturday.
Officials said the officer sent to handle the call was already at Sam's, sitting in the parking lot completing a report when the call came in, records show.
But the suspect was nowhere to be found.
Authorities, thus far, have made no arrests.
"It's still under investigation," said Chris Moore, Tyler police public information officer.
Wal-Mart spokesman Tom Williams said the security procedures are similar for both his employer and Sam's, which operates as a separate company.
Generally speaking, however, Williams said store employees act on the customer's behalf.
But safety is always a priority, he added.
On whether to detain a suspect, Williams said: "Our loss prevention officers will make the decision. Generally, they will call the police right away. They will keep them in sight and attempt to detain them."
Loss prevention officers are typically peace officers to people schooled in security, the spokesman said.
If a loss prevention officer is not available, employees can still act to prevent loss, whether it's on the store behalf or the customer's, Williams said.
"Employees are going to try and help a customer, but they must make a prudent decision about it," Williams said. "They are not discouraged, but they are urged to be cautious."
Officials with Broadway Square Mall, another major Tyler retailer, said they provide 24-hour security on their premises.
A substation tended by Tyler police is also located on the premises, said Susan Johnson, marketing director for the mall.
"Obviously, safety and security of our customers is our No. 1 priority," Ms. Johnson said. "If something happens here, we would call the police and alert the officers at the police substation. We are very concerned about safety issues."
Ms. Short said she plans to keep a closer watch on her purse and those around her.
"I'm not sure who you can trust these days," she said.
Jacque Hilburn covers police, fire, and public safety organizations. She can be reached at 903.596.6282. e-mail: news@tylerpaper.com
©Tyler Morning Telegraph 2003
A call was made to police, but store management ordered the deputy to release the suspect before officers arrived, Ms. Short said.
The detainee left without revealing his identity."
I wonder why the deputy took orders from management.
I have a busy day scheduled and will check back later this evening to read replies.
The woman could certainly have purchased the book with the fingerprints, though the chain of custody is compromised at that point.
Someone has inside information here. Two possibilites: The store owner is somehow colluding with the pickpocket or the woman herself is an Irish traveler type setting up a reverse sting on the store by creating a "scenario".
Situations like this rarely spring up from whole cloth.
Just some early morning conjectures, maybe the more experienced among us have other ideas.
Best regards,
Hope this sumbitch got his own open-field tackle. What a complete moron............
.......and if you didn't smack him, my hat's off to you for showing such remarkable restraint.
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