Autopsy confirms worker was trampled

By The Associated Press

Monday, December 1, 2008 10:43 PM EST

MINEOLA — A worker trampled to death when hundreds of customers stormed into a Wal-Mart for early morning “Black Friday” bargains had no experience in crowd control and was placed at the entrance of the store because of his hulking, 270-pound frame, police and a lawyer said Monday.
The details about the deadly holiday shopping stampede came out as police pored over video surveillance provided by the store as they considered possible criminal charges.

Lawyers were also preparing to file lawsuits over the episode.

Nassau County Police Commissioner Lawrence Mulvey noted that the worker, Jdimytai Damour, was 6-foot-5 and 270 pounds, making the trampling all the more stunning. He was killed when a crowd estimated at 2,000 broke down the electronic doors in frantic pursuit of bargains on big-screen TVs, clothing and other items.

“Literally anyone, those hundreds of people who did make their way into the store, literally had to step over or around him or unfortunately on him to get into the Wal-Mart store,” said Mulvey.

Mulvey said an autopsy found Damour, 34, died of asphyxiation related to his trampling, and he conceded that it would be difficult to file criminal charges against any of the shoppers.

“It goes beyond identifying specific people to make a case,” Mulvey said. “You have to establish recklessness or intent to harm, which led to his death.”

Attorney Jordan Hecht, who represents Damour’s three sisters, said the family declined to make any public statements about the man’s death. He said funeral arrangements were still pending.

Hecht said Damour had only been working at the Wal-Mart about a week and was hired through an employment agency that provides temporary staffing. He said Damour had not been trained for any security assignments and had no background in crowd control.

A call to the employment agency seeking comment was not immediately returned.

Wal-Mart Stores Inc., in a statement Friday, called the incident a “tragic situation” and said it had tried to prepare for the crowd by adding staffers and outside security workers, putting up barricades and consulting police.

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