Coroner studies cause of death of shoplifter

Keith Paul

Monday, Sept. 10, 2001 | 10:53 a.m.

Wal-Mart employees were sitting on a suspected shoplifter's back, holding him face down on the ground, before the man died Saturday, Metro Police said this morning.

An autopsy was performed Sunday on 29-year-old Jan M. Burstein, but the cause of death had not been determine this morning, pending further investigation by the Clark County coroner's office and homicide detectives, Coroner Ron Flud said.

Metro Police homicide Lt. Wayne Petersen said at least one Wal-Mart employee was holding Burstein down by sitting on the man's back.

"We are waiting for a cause of death," he said. "He had some minor scrapes that may have been caused as he was trying to get away or wrestling on the sidewalk with the Wal-Mart employees."

There were no obvious signs of death, and the bruising and scrapes were not severe enough to cause death, Petersen said.

Burstein apparently walked out of the Wal-Mart store on Tropical Parkway, near Ann Road and Buffalo Drive, about 10:15 p.m. Saturday with a DVD player without paying for it, Petersen said.

Burstein put the DVD player in a shopping cart and walked by the cashier without paying, police said. A couple of Wal-Mart employees noticed Burstein and walked up to him as he was pushing a cart containing the appliance, a Wal-Mart official said.

Karen Burk, a Wal-Mart spokeswoman, said the store employees only "engaged him in conversation and walked with him in the parking lot."

When the employees walked up to Burstein, he let the shopping cart go and walked away. The employees walked with him, Burk said.

"I can tell you no aggressive action was taken by the Wal-Mart associates," Burk said. "We certainly regret the man passed away."

But police say Burstein and the Wal-Mart employees wrestled a short distance from the store after Burstein ran from them.

Burstein apparently was thrashing around as the Wal-Mart employees were holding him down, Petersen said.

After a cause of death is determined, the Clark County District Attorney's Office will decide if any charges should be filed.

Burstein had a Kansas identification card, but his car was registered in Georgia. Police did not know how long he had been in town or if he was living here, Petersen said.

Wal-Mart has security video of Burstein walking out of the store, which will be provided to police, Burk said, adding she had not seen the tape and did not know if it shows the Wal-Mart employees with Burstein.