Homeless Chicago man killed over a tube of toothpaste

[lazyboxer]

Surveillance footage from the 2010 Villanova-Kyser case was released a few days ago and is going viral: http://www.youtube.com/watch?v=lYgLXUEz9GI

Link to the breaking story:http://www.dnainfo.com/chicago/20130117/chicago/video-captures-death-of-cvs-toothpaste-shoplifter

Villanova is Hispanic, Kyser was black. Maybe that means something in Chicago. Calls are being made for the case to be reopened - it all sounds too horribly familiar to me. Anyone here see signs of Kyser assaulting Villanova, as the latter claimed at the time? It never even went to court...the police, who saw the video, declined to press charges, even though the medical examiner ruled it a homicide.

[Darthwing Teorist]

It is very sad but it could be an accident. Once, before starting grappling (all my experience at that time was coming from TKD and a judo book that I read) I wrestled with a friend who was larger than me and claiming that TKD was useless when grappling. After a while I got on top and started choking him and he was struggling very hard while he became livid so I just squeezed more and more because I did not want him to get on top of me. At some point something just clicked in my head and I released him. What I took for attempts to harm me where only his attempts to free himself because the choke I applied was working (though it still was bad technique). So, the point is that during a struggle like that, unless you have training, it is hard to know when to stop and easy to mistake the struggle for air for something more aggressive.

I am not familiar with the case, so it may be worth reopening but the above scenario could have sadly be similar to what happened there.

[lazyboxer]

Yes, it's possible. There have been several deaths in recent years from police chokeholds during arrest or custody - in fact, some police departments restrict and even prohibit use of any type of chokehold.

I had a closer look at the clip, and although some of the initial action is off camera, there is a brief moment when Kyser is seen on top of Villanova, who quickly flips him over and applies the strangle.

[Steve James]

It doesn't seem that the killing was intentional, not even criminal if it was an accident. Now, if it turns out that the manager studied martial arts, he might be held criminally liable. Fwiw, I don't think that the race/ethnicity of the parties matters. I do believe people become concerned when they think that the justice system minimizes or ignores an incident because of the victim's identity. When people believe that that happens, the facts of the case don't matter.

Anyway, it isn't hard to believe that someone died from being strangled. But, death from asphyxiation isn't quick. Ok, the airway can be ruptured irreparably; but, strangling to death takes a few minutes. I'm talking death, not unconsciousness. Unconscious people usually breathe just fine. So, at a minimum, the manager did more than what was necessary to incapacitate the alleged thief. And, some might argue that he (the manager) also had the responsibility to try to revive the guy. I wasn't there, but I just can't say the thief got what he deserved or 'oops, sorry about that.' After all, if all he took was toothpaste.... I dunno, it's just not a capital offense.

[Bao]

but I just can't say the thief got what he deserved or 'oops, sorry about that.' After all, if all he took was toothpaste.... I dunno, it's just not a capital offense.

Well, this isn't China. In the US people have rights. Whatever he took, you can't justify taking someone's life. Well, in the US you can't.