Buckeye Man in Bloody Take-Down Arrested for Shoplifting, Resisting Arrest; "Video Games Flying" in Store Chaos, Says Report

Categories: Black Friday

grandpa takedown 2.jpg
Image: YouTube
Jerald Newman was knocked unconscious in a take-down by police last night at a Buckeye Walmart.

Buckeye PD released its version of a shoplifting suspect's bloody take-down during last night's Black Friday event at a Walmart, saying the guy brought on his injuries himself.

Jerald Allen Newman, 54, was arrested following a chaotic scene at the store in which a video-game display was destroyed by a mob of shoppers. Video shot by onlookers shows the moments after Newman hit the floor, as cops lifted the unconscious man's head from a pool of blood.

Yet Newman wouldn't have ended up on the ground if only he had handled his arrest differently, says Buckeye Assistant Police Chief Larry Hall.

"He's responsible," Hall says.

Hall does admit the department made a mistake -- by not getting its side of the story out early enough.

newman jerald.jpg
Image: Maricopa County Sheriff's Office
Jerald Newman's injuries are visible in his jail mug shot.

"We're taking heat," he says.

The west Valley tale of mayhem became a notable part of the mix of other weird and violent incidents around the nation linked to this year's Black Friday.

Proving Hall's point about the public-relations faux-pas, Hall doesn't return our morning phone call until late afternoon.

But he does eventually call back to answer questions, and he released the police report (see below). It's worth a look if you're interested in this case --especially pages 22 to 25.

It's not just a police use-of-force issue that's fascinating here, it's the horrendous behavior of some members of the crowd who showed up to the Walmart last night for a special on video games.

About 100 to 200 people arrived at the store, located at 1060 South Watson Road, as early as 7 p.m. for the 10 p.m. release of the game (the report doesn't say which game it was). As the big moment grew closer, authorities felt that not all of them were being orderly:


The crowd was only moderately cooperative and required frequent directives to back away... Many ignored store employee and law enforcement directives to form an orderly line to prevent injury and chaos at (10 o'clock) when the games were made available.


At about three minutes to 10, "without warning or direction from Walmart employees, the crowd rushed the game stand," the report states. The officer writing that part of the report says he was pushed aside by the noisy crowd and tried to help a man who had been knocked down.

Another officer wrote that he saw the crowd "rush in and attack the cardboard displays with video games flying through the air and the cardboard displays being thrown around..."

The chaos left little kids crying and adults stunned at what they saw.

A 15-year-old boy later told cops that he'd managed to grab three of the games, but "older boys with tattooed faces took them from him."

The teen also said he saw Newman tuck a video game under his shirt.

So did a Walmart security guard who nabbed Newman and walked him over to a police officer.

Hall says none of the officers' names are being released yet, pending the investigation.

As Hall tells it, the Buckeye cop lifted up Newman's shirt and "sure enough, the game is in his waistband."

Under Arizona law, concealment can be used as a basis for arrest -- officers aren't required to wait for a suspect to leave the store, Hall explains.

The officer slapped a cuff on Newman's left hand. Newman yelled "I'm not going to jail!" says Hall.

A tug-of-war ensued.

"He was flailing his arms around, and he attempted to kick the officer," Hall says.

The officer and suspect moved several yards toward the store's north entrance, so the officer used a leg sweep to take the man down.

We're not sure if this is supposed to happen in a leg sweep, but the suspect's head struck the concrete floor violently, knocking Newman out.

Officers at the scene, and then emergency personnel, can be seen in the video tending to the man -- as some members of the crowd berate them for alleged excessive use of force.

Newman was booked into county jail; police are seeking charges of shoplifting and resisting arrest.

As mentioned in our earlier blog post today, at least one witness reported that the suspect stuffed the game in his pants only to help his young grandson, who had been knocked over in the chaos and reportedly suffering a cut lip.

Police did find the boy, who was about 8 or 9 years old. Newman had come to the store with his grandson and wife. But cops say the evidence points to a less innocent explanation than the one given by witnesses.

Surveillance video from inside the store might provide more clues as to what preceded the take-down. Hall says it should be released soon.


Click here to see the police report.


Below: A Youtube video posted by CopWatchNews:

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212 comments
Lfp5691
Lfp5691

RE: Black Friday Buckeye pd Incident. I hope that this victim will win and win big in a law suite against Buckeye pd & walmart.I hope Buckeye city council will take notice and fire the Buckeye pd chief of police that's where the responsibility starts and ends because it is the chief of police that sets the unspoken policy that condones this type of excessive use of force.In this Black Friday case i would think that the Buckeye pd officer could of used a more civil tone with this alleged shoplifter he was not brandishing a gun or a knife.Imagine in this particular case there were a store full of eyewitness what if this same Buckeye pd officer pulls you over by the side of a dark street and in front of your family would proceed with out cause to use excessive force on you just a thought not a very pretty one is it ? All police officer need to know that we will not be victimized we are the tax payers they work for us what ever happened to serve and protect they need to start to change the way they treat us and instead of we fearing them they need respect and fear us for a change.God bless America & our bill of rights.

Reno911
Reno911

Here is a novel idea...You watch the guy for 5 minutes and see what he does...either he walks to the check-out and pays for the game or he walks outside. If he does the latter, there is no doubt about his intentions and there is no bloody grampa and tramatized grandson and NO quarter-million dollar settlement that the tax payer's eat. Even if the cops decided to stop him before he walks out, they can talk to him for 5 minutes... "Sir, have you ever been arrested" ?  The guy is 55...If he is a shoplifter, chances are he's been caught once in his adult life!

Corytxaggie
Corytxaggie

I used to work loss prevention at a store. When you are lawfully stopped for shoplifting and you start to fight or resist police will take steps to subdue the person. That is their job and their right. When someone is subdued / taken down it is easy for a misstep to occur resulting in injury. Takedowns rarely happen exactly how they are supposed to. I am not saying for sure that excessive force was not used in this case but just because someone is injured does not automatically mean that too much force was applied. If you have never been in a situation where you have had to take someone into custody or worse defend yourself from an attacking thief angry that you have caught them than you cannot fully appreciate the officers situation. When you stop someone you have to take control immediately or you run a serious risk of things getting out of control causing injury to yourself or an innocent party. Also, if the guy had come quietly there would not have been an issue.

PTCGAZ
PTCGAZ

It was used. There are easier ways to subdue someone then "take downs". The police abused their authority and beat the shit out of a guy for no reason.

SMS
SMS

The law says it isn't shoplifting until you leave the store with it. I guess it is too much to expect that the police would know that.

Art Vandalay
Art Vandalay

they should rename Black Friday  666 Black Friday 666. after all its all about selfishness and evil mean greed and violence!  me me me I want I want me me me I gotta have it first and have it cheaper. materialism and greed at its best. PLASTIC SOCIETY NEEDS CHEAP MADE PLASTIC JUNK MADE IN CHINA FOR PLASTIC PEOPLE IN THE USA.

Art Vandalay
Art Vandalay

 this guy is more proof to never trust a clean cut short haired geek.

PTCGAZ
PTCGAZ

I trust geeks more then I trust thugs!

Admin
Admin

1) Request jury trial2) show tape3) Present numerous witnesses4) Celebrate aquittal

teknik1200
teknik1200

5.) Sue the crap out of these arrogant officers who don't actually care to "serve and protect" us.  They would rather beat the crap out of some hippy.

PTCGAZ
PTCGAZ

I know I would vote in favor of the man with the broken face!

grumpy_old__man
grumpy_old__man

I think the real moral of this story is to avoid people who have to work overtime at Walmart on Black Friday.  They are bound to have a bad attitude and just feel like pounding somebody.

PTCGAZ
PTCGAZ

for that matter avoid shopping at Walmart ever!

grumpy_old__man
grumpy_old__man

Imagine that - the police investigated and determined that smacking the guy's head on the floor was justified.  Why am I not surprised?

As a municipal official (not in Arizona, though), I can guarantee that if this happened in my town, there would be more follow up than this.

PTCGAZ
PTCGAZ

because the police lie to protect their own?

Mene Tekel
Mene Tekel

The police didn't release the name of the video game? That's the real cover-up folks! If it was Skyrim instead of some rehashed Mario Kart nonsense, it would be justified for the cops to trip people flat on their faces.

PTCGAZ
PTCGAZ

it doesn't matter what game it was, and whether it costs 1000 dollars or 5. They abused their authority.

DYWLF
DYWLF

I HAVE HEARD WAY TO MANY LIES FROM POLICE TO BELIEVE WITHOUT QUESTION.

Yourproductsucks
Yourproductsucks

I wouldn't believe anyone without question.

PTCGAZ
PTCGAZ

that's exactly what you are saying to me above ^^^^^^^^^^^^^

I will always question the police since they lie their asses off and get away with it.

Recong988
Recong988

Idiots like that and Arpaio make the good people in law enforcement look bad. When the Mad Max days come the good guys will know who the bad guys are.

Mistalee
Mistalee

Turns out that one of the eyewitnesses was a CNN reporter.

http://www.cnn.com/2011/11/26/...

FTA- David Chadd, a CNN iReporter from Las Vegas, was among the crowd shopping for video games set up in the Walmart's grocery section. He said Newman "was not resisting" arrest as he was led away from the crowd by a police officer.

That officer, Chadd said, then suddenly hooked the suspect around the leg, grabbed him and "slammed him face first into the ground."

"It was like a bowling ball hitting the ground, that's how bad it was," he said.

Turns out that the victim is not just a grandfather, but a devoted parent who raised his grandson from birth. A maker of custom furniture by trade, he also preaches through the California prison system. 

The Buckeye piggies are fucked on this one. They should settle now, and settle big, before it gets worse. Hell, it's ALREADY getting worse.

PTCGAZ
PTCGAZ

that is why it's a mistake for the police to be abusive. But the problem is when they are used to being able to beat someone and then arrested them without any repercussions they think they can get away with it any time.

I would tend to trust a reporter over the police. The police protect themselves, the media protects us from the state. That's the way it's supposed to be.

teknik1200
teknik1200

the cop's word is always accepted without question.  Once police proclaim their story everyone just swallows it up without question.

It's good to know there were some witnesses present.

PTCGAZ
PTCGAZ

I don't trust what cops say. They lie their asses off to justify, illegal force, illegal arrests, and their budgets.

Yourproductsucks
Yourproductsucks

google- Jayson Blair, Stephen Glass,Jack Kelley, Paul Bradley,Piers Morgan, and good ole Dan Rather...just to name a few fabricators in the media.

PTCGAZ
PTCGAZ

why should I bother. I could look up a bunch of cases of police brutality and post them. IN EVERY CASE the officers lied.

Hock
Hock

I don't see this as an issue.  It's only an issue because there's video.  If you fall and hit your head, you're going to bleed, and the head bleeds a lot.  I know because it's happened to me... albeit not because I was arrested.  I'm glad the cops didn't use any weapons.  Non-issue.

Coz
Coz

Appears you've fallen on your head one too many times

Lfp5691
Lfp5691

Regarding Buckeye pd All i am saying it seems this type of incidents are happening more frequentlyand it seems that most of the time it's a police officer who has gone a bit over board and beat down on a suspect. Why can't the police take a more civil tone and on this particular case this person was not a fleeing felon or brandishing a weapon the officer on scene could of waited for back up and if the suspected shoplifter was confronted with more officers on scene maybe the suspect would of not of resisted arrest but no this police officer had to be a bad **** and show everyone he was the law. I really think some police officers suffer from the I AM God complex.

burgerbuilders
burgerbuilders

I wonder what the past record of the grandfather is? As BPD hasn't leaked it, maybe it's because he doesn't have one.

>   At that point the suspect had no right to insist that he "wasn't going to jail" ....

Citizens have every right to resist an unjust/illegal arrest. To claim that a citizen does not have the right to resist illegal and unjust infringements upon their person and their liberty is to say that we're slaves of the small-minded, salaried enforcers of the Police State.

I have two words for people that attempt to push the slave meme in public forums. The first word has four letters, the second word has three letters.

Yourproductsucks
Yourproductsucks

Arizona revised statutes say otherwise and case law supports those statutes. In the State of Arizona it is illegal to resist arrest regardless of the lawfulness of that arrest. There are other means in place to remedy unlawful arrests, which is why it is more than reasonable that te law exists. It protects all involved.

burgerbuilders
burgerbuilders

The Constitution supercedes Arizona's, or any state's, statutes. That's why Police State apologists dislike these pesky notions of "rights" that the great unwashed are often going on about.

http://www.constitution.org/us...

 “Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”

teknik1200
teknik1200

how can you blindly justify police abuse like this?   we are a nation of freedom and liberty first.   

what happens when the police decide to come for you after they've taken the rest of us away?

teknik1200
teknik1200

show me where in the constitution it gives police officers the power to refuse to grant us our constitutionally protected rights?

grumpy_old__man
grumpy_old__man

I agree that the is most likely what the eyewitnesses saw.  I also suspect that's what they saw because that's what happened.

Mistalee
Mistalee

What a tool you are. He misrepresented NO facts, he cut and pasted. And what he cut and pasted is legit. John Bad Elk vs. US.

Bad Elk shot and killed an arresting officer but was his conviction was reversed on appeal because he was within his rights to resist a false arrest using reasonable force. http://supreme.justia.com/us/1...

The court also found, citing Rafferty v. People that "If the officer had no right to arrest, the other party might resist the illegal attempt to arrest him, using no more force than was absolutely necessary to repel the assault constituting the attempt to arrest."

The improper jury instruction you cite was, specifically, instruction that the jury could consider a lesser charge, or even acquit, based on Bad Elk being within his rights to forcibly resist a false arrest.

The questions are, was this a false arrest, and did the victim actually resist? It's unlikely that this was a false arrest, but witnesses say the victim did not resist.

Mistalee
Mistalee

Moot. Eyewitnesses state that the victim was not resisting arrest. That the cops claim otherwise is no surprise - claims of "resisting arrest" are the cops' first resort when they are caught using excessive force.

burgerbuilders
burgerbuilders

Your argument, thus far: People only have the right to defend themselves from the aggressions of the State's legal powers by using the same state's legal processes. 

That makes no sense  to me either. 

Yourproductsucks
Yourproductsucks

AzPOST certified officers are given the authority to affect an arrest. This authority is not forfeited at quitin' time. For someone who professes to be "well informed" you come up with some ignorant conclusions based on lack of any knowledge of the subject you are commenting on.

Yourproductsucks
Yourproductsucks

Yup. And there are civil remedies to such unlawful searches and seizures.

PTCGAZ
PTCGAZ

I am not a lawyer but I was wondering when someone would bring that up. Since those police were off-duty, how can they legally arrest someone anyways. Security guards can't. I know that for a fact from working at an outlet mall. And if one of those goons ever touched me I would have some fun with them.

burgerbuilders
burgerbuilders

Protection from unreasonable search and seizure is a right detailed quite specifically in the Constitution. We all have the right to defend ourselves.

Yourproductsucks
Yourproductsucks

You misrepresent the facts. That defendant was given a retrial because of improper jury instruction NOT because he had the right to resist arrest.

Instead of saying that plaintiff in error had the right to use such force as was absolutely necessary to resist an attempted illegal arrest, the jury were informed that the policemen had the right to use all necessary force to arrest him, and that he had no right to resist. He, of course, had no right to unnecessarily injure, much less to kill, his assailant; but where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction when the officer had the right to make the arrest from what it does if the officer had no such right.

Show me where in The Constitution it gives one the right to physically resist an unlawful arrest. It simply does not exist.

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