Complaint Review: Walmart - #2125

To whom this may concern,

my name is Garrett D - My initials in this statement are GD At approximately 6:50 p.m., I entered Wal-Mart (Wal-Mart Super center Store #2125 7455 West Colfax Avenue, Lakewood, CO 80214 - (303) 274-5211) Saturday night (January 31, 2009) to buy a tombstone pizza, snickers, bottled water, pomegranate tea, and the movie The Andromeda Strain. I paid for my items at cash register 4 and left the store. Upon returning to my girlfriend's home, I placed the pizza (while still in the Wal-Mart bag) in the freezer, then pre-heated the oven. Unloading the other 2 bags of items, I realized that the dvd wasn't there. I looked around for it, but could not find it. I went to my truck and looked for the dvd, thinking it may have slipped out of the bag, however it wasn't there either. I decided to go back to Wal-Mart.

Upon returning to Wal-Mart, I went to register 4 and asked the same associate (that previously helped me), if he forgot to place the dvd in one of my bags.

He replied, "No." Then said that he did remember placing it in one of my 3 bags. I said, "Well, it's not in my truck, or at my girlfriends house. Are you sure you placed it in the bag?" The associate at register 4 said, "Yes...", paused for a moment and then said, "... I tell you what, go ahead and grab the same movie off the shelf and bring it back to me."

I did just that, returned to register 4, patted the associate on the back and asked him, "Should I wait in the line?" He replied, "No, here." While he grabbed the dvd and my receipt from me, placing both in a shopping bag from his register. He then handed the bag to me and said, "Don't worry about it."

I then said, "Thank you. If I find the dvd I'll be sure to return it." I began walking to the exit. Before reaching the detectors, a young man of Hispanic ethnicity (#1) approached me, blocking my path out of the store and said, " 'Sup bro ...you wanna tell me what's going on?"

Noticing that he was not wearing any identification, security tag or a Wal-Mart uniform, I (Garrett D) replied, "What do you mean?" I noticed he was concealing a white card in his hand.

Man #1: "Where did you get that dvd?"

GD: "What are you talking about?"

Man #1: "I saw you grab a dvd off the shelf and then you tried to walk out of the store."

GD: "What?? No, I didn't. I went to cashier #4. Talk with him."

He (#1) then took my bag from me, pulled out the receipt and dvd. He glanced at the receipt and said, "I don't want to talk to him, I wanna know why you tried to walk out of the store without paying for this dvd."

GD: "I didn't. Talk to the cashier at register #4, he will be able to clear this up for you."

Man #1: "No, that's cool. Let's go to the office and talk about this."

GD: "No. Talk to your employee at register #4."

He ( #1) then looked at the receipt and says, "Where are your other items?"

GD: "Oh my god. Are you going to listen to me? Go talk to the guy at register #4.

Man #1: "I wanna hear it from you. Let's talk about this in the office."

GD: "Are you going to charge me with stealing? If not, let me go."

Man #1: "This is a robbery-theft and we need to place you in handcuffs, so lets walk over to the office."

GD: "No, it's not. I haven't stolen anything."

He (#1) then contacted the police, and I walked over to register 4.

I explained to the associate, "Security is saying that I'm stealing, can you please talk with them, to clear this up?"

I look to the left, and there are now two security employees approaching me. They are both of Hispanic ethnicity. One security employee weighs roughly 200 lbs., and the other about 300 lbs. I weigh 168 lbs.

When they approached the associate at register 4, he (associate at register 4) explained to them, "This is a misunderstanding, he (GD) misplaced the dvd and I told him to grab the same dvd off the shelf and to bring it back to me. He (GD) did this and I placed it into a bag with the original receipt and handed it back to him (GD)".

Both security employees would not listen to the associate at register 4, and one of them said, "Lets go to the office and talk about this." Man #1 placed his hands on my right shoulder and began to forcefully pull on me. I rotated my body to the right causing him to have let go. He (#1) then became hostile. Man #2 then grabbed me from the left shoulder, so I did the same thing, rotating my body. Man #1 then grabbed and man handled me as, Man #2 joined him. This caused the 3 of us to get into a wrestling match, because I was trying to protect myself. I knew I was outnumbered and outweighed. Man #1 then began grabbing me feet causing me to lose my balance. As he did this Man #2 tried to tackle me to the ground. I, somehow, managed to maneuver away from them. They teamed up on as Man #2 body slammed my head and face into the Walmart floor, near register #4. As I tried to get up, wrestling with Man #2, I was then pushed by Man #1, as, again, my head and face were slammed into the Wal-Mart floor. Man #1 then twisted my left arm, pulling it behind me, feeling as though it were pulled from it's socket. I tried to get up but lost my balance. Before I could try regain my balance again, Man #2 (who weighs approximately 300 lbs.) placed his full weight on my chest and ribs while pinning my right arm to the ground with the weight and pressure of his left arm. My back was to the floor. He laid on top of me telling me to "be cool".

Man #1: "We got you on felony assault and robbery now."

GD: "Oh my god. What is your problem, huh? You're a real tough guy when you have your buddy with you."




I was on the ground for approximately 10 minutes, restrained and repeatedly telling Man #2

(while still on top of me) "just talk to the associate at register 4." I repeatedly explained the entire situation, but they sill would not listen.

Then Man #2 stated, "We are going to get to the bottom of this and if what you say is true, then we will owe you a big apology. Now, are you going to be calm if I let you up?"




GD: "Yeah, get off me"

Man #2: "I'm not gonna get off you until I feel that you're not gonna be calm."

GD: "Get off me, I'm not gonna hit you. What the hell?"

Man #2 then let me up and there were many associates huddled around me.

I walked with them to the office and Man #1 made a combative statement to me and Man #2 told #1 - addressing him by name " (name), shut up fool."




When I got to the office I sat down and was still infuriated with the treatment I received from them and everyone else around me.



The Police showed up and they also refused to listen me. They accused me of trying to pull a "scam" on Wal-Mart. They looked at the video but deliberately strayed from the video of me talking with the associate at register 4 and of him (associate at register #4) placing the dvd and receipt in a bag and handing it to me.

I then stated, "Why are you reprimanding me, I don't work here, it's your employee that should be reprimanded not me." Another unidentified Wal-Mart associate said, "It isn't our policy to let you walk out without paying for a dvd."

I said, " I don't work here, and I do not know your policies, but your employee at register 4 does." Officer, "Okay, we aren't gonna charge you with robbery since you didn't walk out of the store." I asked "oh my god, did you not hear me? I didn't steal anything, why will you not talk to the associate at register 4?"

The Officer said, "because it's on tape that the associate put the dvd you paid for in your bag with your pizza, and you walked out. So we don't know what you did with it (the first dvd) from the time you left."
I said, "What, you think that I'm pulling a scam on Walmart for $13.00 when I drive a $40,000.00 Ford F-150, own two businesses one of them landing me a painting job, painting J.R. Smiths home of the Denver Nuggets and a plumbing job at a home in the glen creighton district a few homes away from the Lakewood mayor?" The Officer replied, "yep." I replied, "Oh my god, I stay with my girlfriend on the weekends who happens to live in the Glen Creighton District, so why would you assume that I'm quote un quote, scamming Wal-Mart for a $13.00 dvd? I already told you I could not find the dvd anywhere, not in my truck or at her home."

Again no one would take me seriously or listen to what I had to say. I had no credibility. The officer gathered my information from me (I had no id on me, later remembered it was in my truck) and they pulled my criminal history. Asking me if I knew that I was on probation for criminal mischief. I answered "yes."

The Officer later asked me how I got there. Being infuriated, adrenaline running through me and upset, I said, "I walked in." The officer then stated that he wanted to wait before taking me over to booking to see if I drove or walked. Later, seeing that I drove, after waiting an hour and a half while the security employees followed my every move on camera linking me to my truck, and the officer later charging me in Booking at Lakewood Police Station with falsifying information to an officer, because I said I walked in. I was also charged with Shop lifting (dvd price $13.00), and assault.

I explained to them why I was on probation for criminal mischief and that because of my father's credibility with the judge, the D.A. dropped everything and gave me a misdemeanor of criminal mischief charge with no restitution as my father had requested and 1 year of private low supervision probation. I explained that I was not an alcoholic nor do I have any prior drug offenses, and I'm not even on random urine analysis or breathalyzers. The Officer, told a second officer who was talking now with Man #1 "He's on probation, lets charge him with assault, shop lifting and falsifying information and let his probation officer deal with him."
I questioned, "Are you serious? Who would steal from Wal-Mart when there's a camera every 5 and half square feet?"

Officer, "We deal with this on average, 3 times a day." I commented, "Well that's not my problem because I'm not a thief."

They took me to the Lakewood Police station, booked and charged me. I cooperated and was nice. I was released after the CBI report came back showing that the information I gave the officer (no id to verify) was accurate and true.

During the wait for CBI records to verify me, I said to the officer waiting with me in the lobby outside of booking, "Don't you see that this whole this is ridiculous, why are you even charging me with this?"
The Officer replied, "Well, if I wasn't charging you then I wouldn't have a job." I was released just before 12:00 am I took a bus back to my girlfriend's home and told her what happened. My left rib cage is shot, and I can barely use my left arm. I believe my ribs are bruised. When I sneeze my left rib cage and chest expands it feels like I am being punched. My left shoulder separates and tears when walking, raising my arm or moving my arm.
I have 2 swelled spots on my face. One on the left side of my forehead, above my left eye, and My right eye is swelled and a black 1 inch mark that exhibits a wound after being punched. There are 3 scrapes on my right chest from being scratched and slammed to the ground, along with marking on my left bicep from where they forcefully grabbed me. My shoulder is popping and feels like it's ripping out of it's socket. My left side upper ribs, just below the arm pit is bruised. My right wrist is in pain. I have a bump & bruise on the right back part of my head and on the left side of my jaw. When I stand up straight there is a painful pull in my upper left ribs into my chest. I have difficulty getting up from a laying down position and any sudden movement - such as sneezing or coughing causes extreme pain.

I have Kaiser Insurance, and I will be going to weekend Urgent Care at the Lakewood facility today (Sunday, February 1, 2009) to see if anything is cracked or broken.

Upon seeing Dr. Michael Riley at the Lakewood Kaiser facility, he confirmed that my ribs are bruised and it may take several months for full healing, along with several other injuries. Dr. Riley has a full written report.

Coloradoangelsplus
Longmont, Colorado
U.S.A.

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