Death of shoplifting suspect ruled homicide

Keith Paul

Wednesday, Oct. 10, 2001 | 9:10 a.m.

The death last month of a suspected shoplifter, who died after two Wal-Mart assistant managers wrestled him to the ground and held him down, was ruled a homicide caused by asphyxiation.

The manner of death is listed by the Clark County coroner's office as a homicide. Coroner Ron Flud said the term means the death was caused by another person, but his office does not decide whether the death was criminal.

Authorities said Jan M. Burstein, 29, walked out of the Wal-Mart on Tropical Parkway, near Buffalo Drive and Ann Road, about 9:45 p.m. on Sept. 8 and pushed a shopping cart, which held a DVD system, past the cashiers and out of the store.

Two assistant managers followed him. Burstein then left the cart and DVD player and continued out of the parking lot to the 7900 block of March Brown Avenue.

"Burstein began to struggle with the employees and was wrestled to the ground to await police," a Metro Police report states. It said one of the assistant managers held Burstein's arms behind his back while the other sat on Burstein's back.

"Burstein continued to struggle and complained to the Wal-Mart employees that he couldn't breathe," the report states.

A motorist who was driving by apparently saw what was happening and got out of his car to help the Wal-Mart employees. The motorist held Burstein's head down, the report states.

When officers arrived, Burstein was neither moving nor breathing, and paramedics called to scene determined that he was dead, the report states.

Prosecutors are reviewing the case to determine whether charges will be filed, said Ron Bloxham, a chief deputy Clark County district attorney. A ruling is expected by the end of the week.

"These people didn't intend to kill him," he said.

Bloxham said contributing factors regarding the death were listed as coronary artery disease and cocaine intoxication.

The asphyxiation was caused during the restraint, likely by making it impossible for Burstein to breathe as a result of the weight applied to his back, Flud said.

"If you can't make your chest go up and down, you can't breathe," he said.

Metro detectives interviewed witnesses, the two employees and the motorist and submitted the case to prosecutors to determine whether charges will be filed, Lt. Wayne Petersen said.

"Certainly their only intent was to hold a suspect until police responded. There doesn't appear to be any criminal intent here," Petersen said.

Wal-Mart spokeswoman Jessica Moser said the store's employees have cooperated with the investigation.

"Our policy is to use reasonable force, always keeping in mind the safety of all the parties involved," she said. "We regret Mr. Burstein passed away."