Ohio high court to hear case of dead ...

Ohio high court to hear case of dead shoplifter

There are 30 comments on the Akron Beacon Journal story from Aug 6, 2008, titled Ohio high court to hear case of dead shoplifter. In it, Akron Beacon Journal reports that:

The Ohio Supreme Court has agreed to hear an appeal of a lawsuit brought by the family of a shoplifter who died while being restrained outside the Giant Eagle store in Rootstown Township.

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jackie chiles

Bedford, OH

#2 Aug 7, 2008
Well, they will hear it but the family will get NOTHING! It's just a shame that the good guys will have to live under the stress from this until the appeal is heard.

Congrats to the employees, job well done. One scum off the streets forever.
George

Mentor, OH

#3 Aug 7, 2008
Lawbreakers or their families always get awarded for the comitted crime. Why get involved. It just makes the ambulance following attorneys more money.

Since: Mar 07

Tulsa, OK

#4 Aug 7, 2008
I'm surprised this is still goin' on.

Any-buddy see the trend here.

This guy commits a crime, and when confronted and restrained, unfortunately dies.

Mark McCollaugh committed a crime, and unfortunately died when bein' restrained.

Neither were on purpose and both were a direct result of the criminal's actions.

In both cases, the Mom's are in it for the money.
KBADM11

United States

#5 Aug 7, 2008
Memo to shoplifters - if you don't steal there will be no need to restrain you, thus you may actually live longer!
Don9of11

Akron, OH

#6 Aug 7, 2008
"The jury also had voted 6-2 to award Niskanen's family $500,000 in damages for pain the Akron man suffered before his death in January 2004. It also voted 7-1 to award another $500,000 for the family's loss of Niskanen's life."

What this really says is "crime pays".
Luc999

Amherst, OH

#7 Aug 7, 2008
When someone decides to break the law, they are putting themselves and others in danger. People and police are going to react when they feel they are in danger. When a person committing a crime turns violent, I'm not sure I want others to just shrug their shoulders and say "oh well, he's acting violently. Better just let this one go." There is always going to be a physical threat around crime and criminals. By all means, investigate to make sure this guy wasn't being tortured, but if it was the result of a struggle that he caused, let's not hand out cash rewards for the family's loss.

“Whiskey. Tango. Foxtrot.”

Since: Oct 07

Location hidden

#9 Aug 7, 2008
Betamax wrote:
In both cases, the Mom's are in it for the money.
That's the only part of your statement I disagree with.
In my experience, family members and close friends tend to have tunnel vision in these situations. It's easy for us to judge on the outside, but these are the people who knew a different side of that person. And in a lot of cases, these are the people who don't think that person is capable of such behavior that got them into the situation to begin with.
These mom's want someone to be punished for their pain. It's a natural response, it's also natural that they don't want to think of their little snowflake as having done any wrong. Eventually, the air will clear, and hopefully the families can find peace.

Since: Jul 08

Jackson Township

#10 Aug 7, 2008
Excuse me, but how does any jury give this guy's family a nickel when HE was found to be responsible for his death???? You know, these criminals will keep acting bolder and bolder until Ohio passes a law that DENIES ANY DAMAGES to a criminal or his/her famliy when their actions put them in a position where force has to be used against them.
American Freedom

Cleveland, OH

#11 Aug 7, 2008
It makes me sick when criminals and their families receive rewards when people try to do the right thing to stop them. Unfortunately, I believe the world is a better place without the scumbags. People like the shoplifter are part of the reason I have to pay so much for my family to eat.
J Max

Uniontown, OH

#12 Aug 7, 2008
No peson should ever die from such a petty crime...any logical person should agree. If you think so, then you are the petty one.

But, when a person commits a crime that requires thought...such as I am going to that store and steal X items, then that person must realize that some unfortunate situations might come from that decision to go through with the crime.

It could have been the man was a decent fellow, just down on his luck...who knows, but it was his decision and ONLY his decision to commit that crime and no one else should have to pay for his decision.

I cannot imagine the mother's feeling at the loss of her son, but there is no one to blame but her son in this case.
Autumskye

Magnetic Springs, OH

#13 Aug 7, 2008
This is not right. The man died while trying to steal. That makes him a theif. The store only did what it was susposed to. Crazy stuff. The family acted like he had a right to do what he did.

“Better Living thru Chemistry!”

Since: Jan 08

Chicopee, MA

#15 Aug 7, 2008
Mr. Niskanen's family (mother) had sought $2.5 million in damages, so the "award" of less than half of that amount was a big come-down to begin with.

And why should Mamma Niskanen get paid anyway? Her son was 31 years old, did not live with her or contribute to her support.

Niskanen stole groceries and then punched out an employee who tried to stop him. The employee was knocked to the ground and yelled for help. Another employee and a customer ran to his assistance, and in the resulting meelee, Niskanen was smothered. And all of this somehow entitles Mama to big bucks!

Maybe SHE should be fined for giving birth to a criminal.
Luc999

Amherst, OH

#17 Aug 7, 2008
Steven T, I too feel frustrated when I hear that someone's family might be awarded money when the victim was in the act of committing a crime, but I would exercise some self control when wanting our courts to appoint a law that would have a blanket effect. I would not want to assume that there isn't another sadistic person around ready to capitalize on the opportunity to commit a criminal act themselves and then use the circumstance to justify their malice.
Ahau Kin

Maumelle, AR

#18 Aug 7, 2008
Crime pays indeed. Have any of you ever heard of the concept of blood money? It's payment for a WRONGFUL DEATH.

I bet none of you itching about his crime and calling him all sorts of vile crap went to his funeral or calling hours and got to see a death right in front of you.

Get your priorities straight. A man died over a MISDEMEANOR. Cease and desist with your sanctimonious fascism.

Even the STATE doesn't execute shoplifters. And how could four idiots not realize he was dying right under them?
richard

Louisville, KY

#19 Aug 7, 2008
unf***ing believable. People don't steal groceries because they're going to re-sell them on the street for crack.$289 worth of groceries wasn't going to feed a single man smoking meth is a trailer. This was probably going to feed a family with kids.

Yes the guy stole. Yes it is illegal to steal. But to die for it? COME ON!!! Jesus! If a guy attacks you, run away! Why tackle him and pile on until he stops breathing? Ridiculous. Vigilante justice is for countries like Afghanistan and Iran. If a person was hanged for stealing food in one of those countries you people would be on here screaming "stupid towelheads!" yet now you think it's ok.

A security guard is a lot cheaper than paying lawyer fees and $500,000 to a family. Why a manager and bagger would even put themselves into the position to chase someone down in the parking lot is beyond me. Follow him, get the license plate number, and call the cops. Let the cops deal with it, it's their job.
lac

Akron, OH

#22 Aug 7, 2008
Mike wrote:
This suit should have been thrown out of court.
Disgusting
Disturbing
Disgraceful
I hope someone from this family reads this. I'm truly glad your crook of family member is dead. One less "A"-hole off the street. At least our tax dollars wont go towards keeping him alive. You and your family are disgusting people. If you are awarded any money, I'm sure it will be blown within a month. Have a good day losers!!!!
Amen!!!!! This is absolutely ridiculous and another waste of my tax money.
lac

Akron, OH

#23 Aug 7, 2008
richard wrote:
unf***ing believable. People don't steal groceries because they're going to re-sell them on the street for crack.$289 worth of groceries wasn't going to feed a single man smoking meth is a trailer. This was probably going to feed a family with kids.
Yes the guy stole. Yes it is illegal to steal. But to die for it? COME ON!!! Jesus! If a guy attacks you, run away! Why tackle him and pile on until he stops breathing? Ridiculous. Vigilante justice is for countries like Afghanistan and Iran. If a person was hanged for stealing food in one of those countries you people would be on here screaming "stupid towelheads!" yet now you think it's ok.
A security guard is a lot cheaper than paying lawyer fees and $500,000 to a family. Why a manager and bagger would even put themselves into the position to chase someone down in the parking lot is beyond me. Follow him, get the license plate number, and call the cops. Let the cops deal with it, it's their job.
You are absolutely ridiculous. Shit happens! He was breaking the law, people assisted. The people that stopped him, restrained him did not say to each other...let's kill this guy. I'm sick and tired of this wrongful death crap! Had he paid for his groceries and was taking them to the car, this would have never happened and his family would be looking at another angle to collect a buck! Get real!
lac

Akron, OH

#24 Aug 7, 2008
American Freedom wrote:
It makes me sick when criminals and their families receive rewards when people try to do the right thing to stop them. Unfortunately, I believe the world is a better place without the ****. People like the shoplifter are part of the reason I have to pay so much for my family to eat.
Well said!
point of view

United States

#25 Aug 7, 2008
Judge: Will the defendent please rise
no response
Judge: Baliff please raise the defendent
Baliff: the defendent still seems to be dead your honor
Judge: I find the defendent to be in contempt of court
Baliff: maybe we should have the Akron cops taser the defendent for being uncooperative
Defense attorney: I object your honor
Judge: on what grounds
Defense attorney: because the defendent is...DEAD
Rebecca

San Antonio, TX

#26 Aug 7, 2008
Just an FYI, my nephew is a 30 year old man who does steal groceries and then sells them to buy crack..he also sells his clothes, his food stamps,and whatever else he can get his hands on to buy drugs.If this guy needed groceries for his family there are plenty of places he could of gone to get free groceries.He didn't deserve to die, however that was a choice to steal, it was also a choice to assault someone, he could have submitted peacefully. And he was ultimately responsible for his actions...including his death.

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