Trampled Wal-Mart worker was at front because of his size
The Rocky
Published December 1, 2008 at 5:55 p.m.
Photo by Associated Press
Nassau County Police examine the front of the Wal-Mart in Valley Stream, N.Y., on Friday after a temporary Wal-Mart worker died after a throng of eager shoppers broke down the doors and trampled him moments after the Long Island store opened.
MINEOLA, N.Y. — A worker trampled to death when customers stormed a Wal-Mart for bargains on the day after Thanksgiving had no experience in crowd control and was placed at the entrance because of his hulking frame, police and a lawyer said Monday.
The details about the deadly stampede came out as police pored over video surveillance provided by the store while considering possible criminal charges. Lawyers were also preparing to sue over the episode.
Nassau County Police Commissioner Lawrence Mulvey noted that the worker, Jdimytai Damour, was 6 feet 5 and 270 pounds, making the trampling all the more stunning. He was killed when a crowd estimated at 2,000 strong broke down the electronic doors in frantic pursuit of bargains on big-screen TVs, clothing and other items.
"Literally anyone, those hundreds of people who did make their way into the store, literally had to step over or around him or unfortunately on him to get into the Wal-Mart store," said Mulvey.
Mulvey said an autopsy found that Damour, 34, died of asphyxiation related to his trampling, and he conceded that it would be difficult to file criminal charges against any of the shoppers.
"It goes beyond identifying specific people to make a case," Mulvey said. "You have to establish recklessness or intent to harm, which led to his death."
Attorney Jordan Hecht, who represents Damour's three sisters, said the family declined to make any public statements about the man's death. Funeral arrangements were pending, he said.
Hecht said Damour had been working at the Wal-Mart only for about a week and was hired through an employment agency that provides temporary staffing. Damour had not been trained for any security assignments and had no background in crowd control, he said.
A call seeking comment from the employment agency was not returned.
Wal-Mart Stores Inc., in a statement Friday, called the incident a "tragic situation" and said it had tried to prepare for the crowd by adding staffers and outside security workers, putting up barricades and consulting police.
"Despite all of our precautions, this unfortunate event occurred," senior Vice President Hank Mullany said in the statement.
Mullany said through a spokesman on Monday that the store was cooperating with investigators. He did not specifically comment on Mulvey's remarks.
Hecht said that he was considering a lawsuit but that no decision had been made. Two other injured shoppers filed a notice of claim Monday, the first step toward proceeding with a lawsuit.
At least four other people were treated at hospitals and released, including a woman who was eight months pregnant.
Mulvey said while investigators are still piecing together details, it is apparent that the Wal-Mart store lacked adequate security to handle the crowds of shoppers that converged on Friday morning.
"In fact, security was inside the store and not outside organizing, arranging and planning for this anticipated opening," Mulvey said.
Police officers had been called to the scene at about 3 a.m. but left after about a half-hour, he said. The crowd — then estimated at about 400 — was not unruly at that time.
The National Retail Federation, the industry's largest group, was unaware of any other store workers ever dying on the job in the post-Thanksgiving rush.
Shoppers around the country line up early outside stores on the day after Thanksgiving in the annual bargain-hunting ritual known as Black Friday. It got that name because it has historically been the day stores broke into profitability for the full year.
Burt P. Flickinger III, managing director of Strategic Resource Group, a retail-consulting firm, said retailers quickly learned they can attract massive crowds if they promise amazing savings and limit the inventory or availability of the sale items to a few hours.
A number of retailers have opted to distribute vouchers or organize the sales in other ways to "cut down on the tsunami of shoppers entering the store all at once," he said.
"There are so many retailers doing it the right way, it seems senseless there wasn't strategic and operational planning here," Flickinger said.
In addition to not knowing how much inventory may be available on a sale item, shoppers often don't know the exact location where the merchandise is kept, he said. "They get in early and run the retail racetrack," Flickinger said.
"It is a recipe for disaster," the police commissioner said. "And that's what happened here."
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December 1, 2008
6:19 p.m.
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GeneseeBoy writes:
Bunch of fools... Happy Holidays!
December 1, 2008
7:04 p.m.
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PoJangoz writes:
How sad for a man to lose his life because of greedy people? Rest in peace big guy.
December 1, 2008
7:06 p.m.
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Jason writes:
Sounds like Hecht needs to decide who to sue first, Walmart or the employment agency.
Imagine being a recipient of a present that was bought from that store, that morning. A man lost his life just so your kin could save 50% on a flat screen.
If there's such a thing as ghosts, then this guy should haunt everyone who ran him over. Show up at the holidays and make theirs miserable.
December 1, 2008
9:15 p.m.
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olsonmt writes:
How truly sad! I hate to see Wal Mart get sued but it is inevitable. It was unprepared. The people who really need to pay are the loons who broke this door down. People need to wake up to what's important in life. I'm afraid our looming economic meltdown may make that point for all of us.
December 1, 2008
9:58 p.m.
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LS writes:
The size-large man was posted there because the store management was anticipating a crush - and figured a big guy would fare better. Somebody running that store knew a stampede at the door was a probable scenario and they didn't take steps to prevent it. Walmart can hardly go any lower in my opinion, but the idea of someone actually thinking pf positioning a bigger person to try hold back hundreds of greed-blind people took it even farther into the gutter. Disgusting.
December 1, 2008
11:49 p.m.
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John_Galt writes:
Did anyone see the video or pictures?
Take a minute and watch it. Then, see if yhou can identify the one most common element (besides greed) of the crowd.
The crowd was a bunch of thugs.
December 2, 2008
1:03 a.m.
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Noia writes:
For once I agree on suing. If the crowd was 2000 people Wal-mart should have said to themselves "This is way out of control" and canceled the opening of the store instead of looking at the dollar signs. They put all their employees in danger and their customers.
As for the people who trampled him: Press charges to the fullest extent. A man's life so you can get discount? It makes me sick to think about.
December 2, 2008
6 a.m.
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gregu710 writes:
I would agree too with a lawsuit against Wal-Mart for failing to prepare properly. How much would a set of barricades and having greeters out front to let the crowd in in a controlled manner have cost? Also, while the bloodthirst in me says look at the video and hunt down the people who ran him over, more than likely they were being shoved by the 2000 or so people behind them and even if they had wanted to stop or slow down, they probably couldn't have. The question then becomes, how many people do you charge, because it would probably have to be a very sizeable number of the crowd since the people all the way back were probably pushing hardest since they were the furthest back and the most afraid of not getting their Wii or flatscreen! Truly disgusting and sickening no matter how you look at it! One more reason I shop online more and more! This happened at Wal-Mart, but could have happened just as easily at any of these big box stores or malls, especially when you have a pent up crowd waiting hours for the store to open and a perceived shortage of stuff to buy...
December 2, 2008
6:14 a.m.
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NeilT writes:
If you view the video link in this story, you'll see a sign that Wal-Mart posted;
"Blitz Line Starts Here"
Blitz?
No kidding!
Wal-Mart whipped this crowd to a frenzy, then put their biggest dude "on the line" to help "block" just like in the NFL.
December 2, 2008
6:46 a.m.
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VVVV writes:
I've been in pits in rock concerts, and there people stop to help up anybody that has fallen. Everyone in that crowd should be charged with neglegent manslaughter. Go back to the receipts and find them all. There is no excuse for not stopping. Forget suing Walmart. Personal responsibility trumps any advertising or language. Actions are cause for punishment, and those people deserve to burn in hell for their greed.
Merry Christmas to all, and to all a good night.
December 2, 2008
7:03 a.m.
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JimmyTheSaint writes:
Yeah, rock concerts in most places. Ever been to New York? He's lucky he wasn't pickpocketed and mugged before he was trampled to death.
December 2, 2008
7:17 a.m.
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The_KIMN_Chicken writes:
I fully expect Wal Mart to sue the dead guy's family because he cost them a day's profits. You just know the corporate office is mad about that.
December 2, 2008
7:51 a.m.
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sundaychild67 writes:
Mob mentality at its finest. What animals!
December 2, 2008
7:51 a.m.
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AngelontheSidelines writes:
There is no such thing as bad publicity, Wal-Mart now has the image of the place where shoppers enthusiastically trample employees to get those gr8 deals.
December 2, 2008
8:31 a.m.
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romaco writes:
Well I dont like Walmart, but every reciept needs to be tracked back to the buyer. Chances are good most were paid with credit card. Its those people that are to be held accountable. Get names, video, eveything, and hang them from their toes.
December 2, 2008
8:40 a.m.
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sassypants writes:
I hope every person who trampled on this guy...you know who you are...has bad carma for the rest of their lives!!
December 2, 2008
9:12 a.m.
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Marshdale writes:
Wall Mart is responsible for this. Wall Mart is not stupid. They now what shopper mania is, and they failed to organize the store opening in a proper manner. I spent a Black Friday once at Comp USA. They were very organized. They issued numbers to people and only allowed a few people at a time in, as their numbers were called. I have no sympathy for Wall Mart. I hope they get their asses sued off. As a matter of fact Wall Mart banks on shopper mania. Well, I hope they will not be taking this one to the bank. Unbelievable!!!!!!
December 2, 2008
9:19 a.m.
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tjpatriot writes:
Never underestimate the power of stupid people in large numbers.
December 2, 2008
9:28 a.m.
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Steph writes:
That's right tjpatriot! Look how stupid people in large numbers voted for Bush, twice.
Also, I hope they sue the pants off of Wal Mart. If they do, watch Wal Mart enforce lines, numbers, whatever next Black Friday. If they had bothered to do this before, this guy may still be alive.
December 2, 2008
9:30 a.m.
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philvysor writes:
"Saving People Money So They Can Live Better", I think Wal-Mart needs to re-think their purpose. My Moms works for Wal-Mart as a Greeter and on Black Friday she just stands clear because the people do not care about what or who is in the way. Last year some people were shoved into the carts 1 lady ended up with broken ribs. These people will do anything for a $400.00 dollar HDTV.
December 2, 2008
9:36 a.m.
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vendari01 writes:
Does anybody really think Walmart had any clue of how to prevent this from going south on them? Even the police have no real handle on crowd control along this magnitude! Just look at the various situations that have occured at sports and concert venues. I also suspect that refusing to open would have merely caused a different kind of riot. As so many of you have noted, this is a sad reminder of the mob mentality in action- which is why I strictly avoid such events; I'd prefer combat, where at least I have a fighting chance.
December 2, 2008
9:46 a.m.
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MsValeriah writes:
I have to agree with the majority of posters here. The greed that caused this tragedy is a pathetic sign of the times. A man died so these hordes could get their cheap bargains. It's just sickening. I don't know how anyone among that crowd could sleep at night knowing someone died and several others were injured over nothing more important than a bunch of merchandise. Where have our values gone? America, wake up! It's no wonder we're in the mess we're in if people are willing to stampede a store at 5AM just to buy stuff. We as a people need to redefine what's really important in our lives.
Happy Mid-Winter Economic Holidays...
December 2, 2008
10:01 a.m.
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SickNTired writes:
John_Gault ... you nailed it! My husband pointed that very thing out to me last night.
December 2, 2008
10:16 a.m.
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kirbysfriend22 writes:
Good thing Walmart didn't have an evil union to get involved and say "Hey, you're putting this guy's life in danger. Let's think about his rights". Whew!
December 2, 2008
10:19 a.m.
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SockRayBlue writes:
"The biggest guy" to hold off a horde of thousands?
Only management could be this stupid.
I hope that guys family ends up owning Walmart.
December 2, 2008
10:46 a.m.
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peter303 writes:
I wonder if Walmart had a secret life insurance policy in effect on this guy. He may have been hired too recently. Some years ago a clever accountant noticed that buying life insurance can be a profit center for large companies. Statistically some employees will dire for one reason or another. If you have enough of them and the payouts were higher than premiums the accountant computed. Relatives of the deceased were outraged when they heard of this practice. the payouts are not shared with the employees survivors. Walmart was one of the companies mentioned when a TV network did a piece on this.
December 2, 2008
10:47 a.m.
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daddyblt writes:
This is a true example of how truly stupid and ignorant people are when it comes to understanding what the holidays are really about. A man lost his life behind a coulple of bargains and deals that Walmart was offering for a couple of hours. Tis the season!
I am praying for this man's family, that their holiday season is not forever scorned by the terrible death of their loved one!
December 2, 2008
10:51 a.m.
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docmorbius writes:
In most states, you can't sue your employer. All you can do is make a workers comp claim.
December 2, 2008
11:39 a.m.
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T1anda writes:
50% off?? OMG I need to put on my cleats and helmut and when the store opens the doors, I will be out to destroy anyone. Toddlers to elders I really don't give a damn who gets in my way.
It's me,me,me greed,greed,greed all the way. Common sense and decency has died in America!! RIP!
December 2, 2008
11:48 a.m.
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sheepherder writes:
Animals...
December 2, 2008
11:48 a.m.
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Squatch writes:
Nice job. Sell your soul and kill someone to save frikkin 200 dollars I hope they all go to hell.
December 2, 2008
11:57 a.m.
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davies writes:
I tend to give these stampeding shoppers more of a break than some of you. There were 2000 people, and when the time came to start opening the doors, people from behind no doubt pushed a little, not knowing what was happening up front. So once the surge of people started going in, I don't think people could really do that much except keep moving and get out of the way, even if they were walking over this poor guy.
It's the practice of retailers to offer very limited quantities of certain items at a loss that is mostly to blame here. If a store advertises a bargain, they should at least make it available all day, and have enough quantity in stock to reasonably meet a day's demand, instead of deliberately working people into a competitive frenzy like this. Some people like this competitive bargain hunting, but it is also inherently unfair to others who can't wait in line for hours before dawn.
I'm told that Wal Mart was advertising certain TVs with as few a five per store to be made available at the special price. That just doesn't seem right.
December 2, 2008
12:03 p.m.
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TigerKOD writes:
Profit at any price, including a human life. I hope their HDTVs are defective and they spend the rest of their lives in a Wal-Mart return line.
Maybe they need to place a cross and flowers at the entrance to remind people that "Greed Kills".
December 2, 2008
12:08 p.m.
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Macita183 writes:
Walmart should be sued and those that were too concerned with getting a "bargain" anf trampling this man should be charged. I did go shopping on Black Friday and was appaled at people running through the doors, pushing small children out of the way. I know its not plausible but these big retailers like Walmart, Target, etc should have (trained) security guards or police out front that throw people that are unruly, pushy, out. It is a tragedy what happened and I hope someone is held accountable.
December 2, 2008
12:35 p.m.
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kali73 writes:
Sue the daylights out of Walmart so their greed can hit them where it hurts and put a halt to these ridiculous "sales". Poor, incompetent, greedy management!
BTW - most items are priced cheaper BEFORE Thanksgiving!
December 2, 2008
12:47 p.m.
Suggest removal
wow writes:
The only thing more disgusting than Walmart, are Walmart shoppers.
Yup, gotta get in there and get those white trash deals to haul back to the trailer park. Never mind it's all a bunch of junk they won't take care of, and it'll all be broken by Easter.
That stampede may well be all the exercise some of those losers have had this year.
I'm with the guy who said he hopes the big dude's family winds up owning Walmart. But I'll go one better and suggest every Walmart be plowed under and the land sown with lime. Property values would skyrocket, and I wager the collective TPV IQ would too.
December 2, 2008
1:37 p.m.
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Cowboy63 writes:
Materialistic barbarism.
A guy was trampled to death so people could save $20 on a DVD player.
A sad commentary on our society.
December 2, 2008
2:07 p.m.
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Nada writes:
Typical...blame Walmart...sue, sue, sue. What about personal responsibility of the shoppers. Walmart didn't make them storm the store and trample the man. Everyone needs to take some responsibility for your own actions. Black Friday has been like this forever. The dumb people who think they can't live without shopping at 4:00 a.m. cause they are getting a big deal. How many of you were out early for the "big" bargains? As long as society allows for no personal responsibility stupid things like this will happen.
December 2, 2008
2:25 p.m.
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ralatorre writes:
Please explain to me how Wal-Mart or the employment ageny had anything to do with the greed and ignorance of the people shopping in the store that day. Wal-Mart can only do so much as a precausion for any dangers. It is not the companies fault that some people have no decencies for other human life. I feel bad for the gentleman who was killed at the neglagence of the people that day and all others that were injured but again you can only blame the people who had no denecies or common sense about them.
December 2, 2008
2:31 p.m.
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kushku writes:
Ban the stupid black friday thing already..It's stupid and only meant for people dumb enough to realise that they are not really saving much..This is the dumbest tradition in the history of shopping. You could conceivably get a similar deal online or around christmas time but cheapskates think that they will become the next millionaires by saving a measly $200 on a stupid HDTV..It's taking all my might to restrain myself from using a few choice words and four letter bombs to describe those despicable people who killed this man.
December 2, 2008
2:39 p.m.
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MGD writes:
Wal-Mart wanted a frenzy of people pouring in a buying stuff. No time to think through a decision on that TV, grab it and buy it!
To say that Wal-Mart is not responsible is wrong. They and the trash that came streaming in are all responsible.
I've refused to shop at Wal-Mart or Sam's club for years. They treat their employees like crap and if you shop there, you are supporting this treatment.
December 2, 2008
2:56 p.m.
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Nada writes:
Every big business wants the frenzy of people pouring in to buy stuff. But blaming Walmart for the stupidity of the people who trampled the man is wrong. I haven't shopped on Black Friday for years. I enjoy my sleep to much. I agree with Kushku about shopping closer to Christmas...better deals cause retailers want to get it off the shelves before the end of the year and tax season.
December 2, 2008
3:25 p.m.
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NoSmallStir writes:
This is sickening. This shows what is really behind this commercialized Christmas. Jesus was right, the LOVE of money is the root of all kinds of evil. This was a Greed Stampede. We need to get a hold of ourselves! This society is getting like the one in "Escape from New York"
December 2, 2008
4:12 p.m.
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666 writes:
Black Friday is one thing, but Wal-Mart is famous for making it as bad a situation as they can. Those marketing gimmicks mentioned in the article above...Wal-Mart tends to sharpen those criteria as finely as they can, making it a mad dash into Hell. And it tends to not be worth it in the end, because of the qty 50 or so specially priced items they have in stock, the employees of the store make about 20 of them unavailable by stashing them in the backroom behind pallets and slipping them to friends and family members long after the item is officially declared out of stock.
The solution...avoid Wal-Mart. Most of their "deals" are hardly unbeatable (if you know where, and how, to look), and it's better to go to a handful of other places than to live out scenes from Escape From New York for the sake of one-stop-shopping.
December 2, 2008
4:17 p.m.
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zman writes:
First we have the corporate giant and merchant (Wal-mart) that has never shown itself to be interested in anything but its own profits. The health and welfare of their associates and customers and US economy have never been anywhere close to a priority. Then we throw into the mix a mob of low life material mongers that Wal-Mart (and its advertisers) have manipulated and worked up into a lather and frenzy for worthless made in China trinkets that have destroyed many US jobs.
You can be assured that the outcome of this materialistic greed fest will never be positive for our society or for that matter anyone involved.
I favor a serious law suit against this company for their negligence, but do not favor that the major benefactors be either individuals or attorneys. Give the family enough but the rest to charity. It's important that a message be sent.
December 2, 2008
4:25 p.m.
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zman writes:
The goal here has to be:
1. To eliminate dangers to shoppers and employees
2. Provide shoppers with equitable opportunities to purchase items that have been marked down
3. Not create a magnet for lawsuits.
You do that by imposing major monetary damages on merchants such as Wal-Mart for holding such reckless sales (i.e. Black Friday)that encourages this behavior, and give most of the settlement to charity.
December 2, 2008
4:55 p.m.
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RegularJoe writes:
It's against the law to yell "Fire!" in a crowded theatre. Maybe we should make it illegal to have a sign that says "Sale."
This entire unfortunate incident points out the complete lack of education and respect that has been bred into our society by the Welfare Mentality and it's resultant entitlement mindset. Where is LBJ when we need him???
December 2, 2008
5:59 p.m.
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wow writes:
zman and regularjoe---
You both put it so much better than I did....
Couldn't agree more.
December 3, 2008
3:24 p.m.
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Creative_N_Denver writes:
The problem is people wait until a few weeks before Christmas to start buying their gifts. There are great sales all through the year. I hate shopping during the holidays, people are rude, run into you, they are vulgar etc... I refuse to shop at WalMart on Black Friday (anywhere for that matter, unless an emergency- for that reason!) WalMart is greedy and if people used their brain they would know that to offer items on sale at a huge discount will get you in their store and when you are there you will see other items that are placed within your route to the sale item, they hope you will "think" it is also a great deal and pick up other items that look like they are on sale. Prices are also raised and slashed to look like they are on sale. When you get to the register you have now spent way more than you had planned on. That is why places like WalMart place certain things on end caps- it is a visual selling point. Merchandising is a huge business and Christmas is the biggest shopping time of the year. People need to really wise up to all the scamming and keep track of their spending habits.
December 3, 2008
10:34 p.m.
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paulsf writes:
It is a sad case anyway you look at it. I cannot fault Wal-Mart because they put security measures in place, whether they were enough to handle the size of the crowd remains to be seen and for the lawyers to work out. Initially after reading the incident I would say it was the people in line that were at fault. Though if you have ever been to a sold out rock show and been on the floor you are at the mercy of the crowd. When the crowd surges your natural instinct to fight or flee takes in. There is no one really to point the finger at, just a sad case.
December 4, 2008
11:09 a.m.
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mzhershey writes:
first of all walmart is so GREEDY all they care about is sales and profit why would you put a non experienced temp worker to guard the door and he has no security experience? you see they didnt put there permanent employee at the door to guard the injured people who filed a claim need to each make there own seperate lawsuit and suit the rich pants off of Walmart and have Walmart pay for the Funeral Expenses for the deceased rip,as well with there cheap self that makes me not want to shop at Walmart each time you walk in it puts you in mind of the Victims
December 4, 2008
12:33 p.m.
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cara33 writes:
It is absolutely the fault of Walmart. They deliberately put Jdimytai Damour there knowing he had the best chance of holding back a crowd due to his size. Arguably, a charge of first degree murder should be levied against the company. Most companies have stopped these insane, limited item sales for that exact reason. If Walmart insists on continuing these rapacious store opening sales then they need to put better crowd control regulation in place. Also Fredaborden, you are an idiot. Sorry, McCain didnt win the election buddy, but at least your boy Bush had 8 yrs of bliss to plunge our country into a spiralling recession where these sales are attractive enough for people to trample somebody to death for a bargain. I can assure you, Fredaborden that if your son or family member was put into harms way knowingly by a faceless corporation, you would sue as well. So get off your high horse. Btw, your conservative revolution already happened jackass. So, please do us a favor and hide out in your paramilitary little hole, and listen to your Limbaugh, while living off your Y2k rations while the rest of us try to fix this horrible mess that you and your Republican good ol boys have put us in.
December 4, 2008
1:12 p.m.
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bigdave writes:
I hate it when people try to blame corporations for stuff like this. This guy was killed because people were blinded by their own greed. It was tragic and should never have happened.
December 4, 2008
1:20 p.m.
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Brain writes:
zman writes:
“…we have the corporate giant and merchant (Wal-mart) that has never shown itself to be interested in anything but its own profits”
Guess what U.S. corporation donated the most money in 2007?
No. 1: Wal-Mart Stores
2007 cash donation: $301 million
Beneficiaries: Children's Miracle Network, Feeding America, The Salvation Army, the American Red Cross, the United Way of America, National Fish and Wildlife Foundation.
What is greed? Could it be the people that stepped on/over the victim to get their “bargain”?
BTW; Wal-Mart’s policy on these black Friday sales is if they run out of stock of an item that they will continue to stock they will issue a rain check; any items that they are not going to or cannot stock are while supplies last the majority of their items you can get a rain check on.
The employee who was killed is will be covered through workers comp. insurance which, in most states protects the employer from lawsuits.
December 4, 2008
3:54 p.m.
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cara33 writes:
And I hate it when people defend a corporations' ability to make a profit over basic human rights.