No charges to be filed in shoplifting suspect’s death

Keith Paul

Thursday, Oct. 11, 2001 | 9:18 a.m.

Prosecutors will not file charges against two Wal-Mart employees in the death of a suspected shoplifter who died as he was being restrained.

"There was no criminal intent," said Ronald Bloxham, a chief deputy Clark County district attorney. "They were using nondeadly force to restrain someone. There just was no criminal culpability on what we saw happening."

Bloxham wrote a memo outlining the facts of the case and explained why no criminal charges would be filed against two Wal-Mart assistant managers in the Sept. 8 death of 29-year-old Jan M. Burstein.

"Since all criminal conduct must be proven beyond a reasonable doubt to a jury unanimously, we would be required to show that the Wal-Mart employees used excessive force in making the arrest of Mr. Burstein," Bloxham wrote in the memo, released Wednesday. "On the facts presented, it does not appear that excessive force was used."

The cause of death was ruled by the Clark County coroner as asphyxiation due to restraint. Contributing factors were coronary artery disease and cocaine intoxication.

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

Two assistant managers followed him. Burstein then left the cart and DVD player and continued out of the parking lot.

The two Wal-Mart employees "physically grabbed Mr. Burstein and forced him to the ground," Bloxham wrote.

A motorist who saw what was happening said the employees were not abusing Burstein.