Shoplifter Strangled By CVS Employee After Stealing Toothpaste

Chicago Tribune
2:48 PM PDT, May 10, 2010

CHICAGO -- The conduct of the drug store manager involved in the death of a suspected shoplifter is under investigation by his employer and he will not be allowed to return to work until that probe is complete, the company said today.

"We are investigating this unfortunate incident and are fully cooperating with police," CVS spokesman Michael DeAngelis said in an e-mail in which he acknowledged the company investigation.

DeAngelis refused to discuss company policy regarding employee handling of suspected shoplifters and if the store manager violated those guidelines.

The store manager, reached by the Tribune, declined to comment.

Chicago police earlier said no charges would be filed against the employee who on Saturday put a chokehold on Anthony Kyser, 35, whose death was ruled a homicide by the Cook County medical examiner's office.

Meanwhile, the former wife of the shoplifting suspect questioned this morning why he had to die over a minor offense.

Ann Marie Balboa, who in September divorced Kyser, her husband of 5½ years, described him as good-hearted and credited him for helping raise her three boys.

Although Kyser had a criminal past, she said, two things surprised her about the chain of events that led to his death on Saturday morning: The fact that, Chicago police say, he stole toothpaste and crayons from a CVS pharmacy, and was killed by an employee from there when he did so.

She disagreed with the decision not to pursue charges against the store manager.

Police said Kyser's death was accidental.

"How's it accidental?" Balboa said. "You're choking the [expletive] out of somebody. He [the employee] should be fired. He should be facing criminal charges. You don't take someone's life over toothpaste."

Authorities said Kyser was shoplifting from the CVS Pharmacy in the 2600 block of South Pulaski Road just before 11 a.m. Saturday.

He was chased out of the store and ran into an alley next to the building.

Kyser fell unconscious during a struggle with the employee of the pharmacy, officials said.

Chicago Police Lt. Maureen Biggane, a police spokeswoman, said officers responded to calls of a battery in progress.

She said an off-duty Cook County sheriff's correctional officer was on the scene, called 911 and remained there until an ambulance arrived.

When Chicago police arrived to the scene, Biggane said, Kyser was unresponsive.

Kyser, whose last known address was in the 1400 block of South Hamlin Avenue, was taken to Mt. Sinai Hospital, where he was pronounced dead at 11:38 a.m.

Although the Cook County medical examiner's office ruled Kyser's death a homicide, Biggane could not say why Kyser's death was determined by police to be accidental.

A spokesman for the Cook County state's attorney's office, which determines whether charges should be filed in a criminal investigation, said the office this afternoon has not been asked by Chicago police to review the case.

Balboa said she had also heard reports that more than one person may have been involved in Kyser's death.

"When you're choking someone, you have to be really, really strong," she said, adding that when Kyser died, one of her sons said to her, "Mom, pops was strong. Mom, it had to be more than one person."

Balboa said she used to work in a retail store and said employees aren't supposed to chase shoplifters out of the store.

"You risk your life on the line," she said.

From: http://www.ktla.com/news/landing/ktla-shoplifter-killed,0,268196.story?page=1