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      CommentAuthorFrenchyFry
    • CommentTimeFeb 26th 2013 edited
     permalink
    Shoplifter Claims He Was Beaten by Store Security Guard  
    The beating was so severe, the victim was left with a traumatic brain injury  
    A San Diego man is paying a huge price for shoplifting. He claims he was caught and allegedly physically beaten by a store security guard.  
    Now, that shoplifter – local resident Kevin Hoopfer – could get millions of dollars from a jury.  
    Hoopfer admits he stole a laser pointer in September 2010 from the Fry’s Electronics in Murphy Canyon.  
    But his lawyer alleges a security guard went wild when he caught Hoopfer with that stolen merchandise.  
    “He walked outside, the security guard rushed up behind him, grabbed him, pressed his arms to his side, spun him around, turned him around and piled-drived him head-first into the concrete," Hoopfer’s attorney Julie Parker told NBC 7 in an exclusive interview.  
    Parker says security guard Eric Ayala continued to physically abuse her client, in a Fry’s interview room, after that beating.  
    She told the jury in the civil case now underway at San Diego’s downtown Hall of Justice that Hoopfer had worked as an IT and computer repair specialist prior to the beating.  
    "Very smart, very capable, and now he looks at a computer and doesn't know where to start," the attorney said.  
    Today, jurors heard testimony from a neurologist, who said that beating left Hoopfer with a traumatic brain injury.  
    Hoopfer’s symptoms include headaches and depression.  
    His lawyer says Hoopfer now lives in a care-home, and has difficulties setting goals, planning and solving problems.  
    "So he is really unable to function as a human being," Parker told NBC 7.  
    She says life-time care from that violent incident will cost more than $5 million.  
    Defense attorneys declined NBC 7’s request for an interview.  
    But Fry's Electronics issued a statement, telling NBC 7:  
    "Fry’s strongly disputes plaintiff’s allegations in this action, and is presenting its case to a jury and the court. The plaintiff was convicted of shoplifting in connection with this very incident, and his alleged injuries arose while he was fleeing the scene of the crime. Fry’s respects the judicial process and will defer any further comment until after the verdict. We trust the jury will return a just verdict, one which will not reward theft by a convicted shoplifter against a family-owned business and law-abiding shoppers."  
    Parker told the jury her client admitted stealing that $35 item, and accepted the consequences by pleading guilty at a criminal hearing.  
    "But a loss prevention guy is not allowed to be judge, jury and executioner for petty theft," she argues.  
    The trial has two parts.  
    Parker says the jury has already agreed the security guard was negligent and committed assault and battery on Hoopfer.  
    Jurors will now hear more evidence, and then decide how much, if anything, Hoopfer should get for his injurie  
     
    Source: http://www.nbcsandiego.com/news/local/Shoplifter-Claims-He-Was-Beaten-by-Frys-Electronics-Store-Security-Guard-191496811.html#ixzz2M3RWdpQy

    Frys Beats Customer.JPG
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    •  
      CommentAuthorFrenchyFry
    • CommentTimeFeb 26th 2013
     permalink
    Quote: " His lawyer says Hoopfer now lives in a care-home, and has difficulties setting goals, planning and solving problems.  
    So he is really unable to function as a human being," Parker told NBC 7.  
    She says life-time care from that violent incident will cost more than $5 million. "
  2.  permalink
    I remember that. The guy tried fighting Loss Prevention. It's all on Camera. He's gonna lose.
    •  
      CommentAuthorFrenchyFry
    • CommentTimeFeb 26th 2013 edited
     permalink
    Quote :  
    " ..the jury has already agreed the security guard was negligent and committed assault and battery on Hoopfer.  
    Jurors will now hear more evidence, and then decide how much, if anything, Hoopfer should get for his injurie "  
     
    The Jury is Deciding Monetary Damages, if any, at this Point...
  3.  permalink
    Note to self. Don't beat anybody up in front of a camera.
  4.  permalink
    SDCherryPicker: Note to self. Don't beat anybody up in front of a camera.
     
    Also avoid stealing large items that slow you down.
  5.  permalink
    According to NBC San Diego, Fry's settled for a confidential amount while the jury was ready to come back with the verdict. The jury foreperson said the jury had agreed to giving the permanently disabled plaintiff $10 million for medical expenses etc. They had not begun to consider punitive damages. Fry's pre-trial offer to the brain damaged plaintiff was $100,000.
    I would have loved to hear the testimony of Fry's LP people about how they train their staff to react to shoplifters. Take them down without asking them to give up the item? Smash their heads into the concrete? Not any more Frenchy Fry, not any more.
  6.  permalink
    Missing security tapes.. Hmmm, what a bold lawyer they have.
  7.  permalink
    Does anyone here know the names of the attorneys who represented Fry's?
    •  
      CommentAuthorObiWan
    • CommentTimeMar 7th 2013
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    Guest: Does anyone here know the names of the attorneys who represented Fry's?
     
     
    Dewey Chitem and How