KS - Auto parts store employee Carl Kemppainen charged for fatally-strangling shoplifter - September 25, 2023

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KANSAS CITY, Kan. (TCD) -- Prosecutors have charged a 39-year-old employee for allegedly strangling and killing a 23-year-old man who allegedly attempted to shoplift items from the store where he worked.

According to Kansas City Police, on Sept. 19, officers were called to the O’Reilly Auto Parts on Parallel Parkway regarding a disturbance. The caller notified dispatch that two men were shoplifting inside. Store employees and the shoplifting suspects got into a physical fight outside, which resulted in one man’s death.

When police arrived at the location, they reportedly found an unresponsive male outside and began CPR. However, he was declared deceased at the scene. Police also located a second individual with minor injuries. He was taken to a local hospital in stable condition.

On Sept. 21, Kansas City Police identified the deceased victim as Diamond Steen.
 
The totality looks like the two shoplifters resisted when store employees tried to detain them.

It would be very hard, but not impossible, for me as a hypothetical juror to support Second Degree Murder charges against an employee attempting to detain a resisting shoplifter.

Manslaughter charges maybe far more appropriate unless the prosecutor has clear evidence demonstrating that the deceased was subdued and that the defendant continued to up the level of force.

In the end, society can neither afford vigilantes, nor California type anarchy. Thus, manslaughter charges.
 
The totality looks like the two shoplifters resisted when store employees tried to detain them.

It would be very hard, but not impossible, for me as a hypothetical juror to support Second Degree Murder charges against an employee attempting to detain a resisting shoplifter.

Manslaughter charges maybe far more appropriate unless the prosecutor has clear evidence demonstrating that the deceased was subdued and that the defendant continued to up the level of force.

In the end, society can neither afford vigilantes, nor California type anarchy. Thus, manslaughter charges.

I’m in SC with a worse rate of violence than CA and a godawful unsolved murder rate to boot.
 
Honestly, I don't see how you could not realize that you're strangling a person to death.
More than a few accidental stranglers have fallen into that trap.

Some fall into the trap because of training, TV, WWF wrestling etc,. Needless to say, all choke holds are dangerous. But, they come in two flavors: A. Blood B. Airway.

If done correctly, blood choke holds render a person unconcious quickly and also allow a quick recovery once released.

But.... thats a pretty big "if". A certain number of people conclude that taking a training course (usually just an orientation) allows them to turn that "if" into a "Will be done correctly".

Real world and training world can be two very different things- even for experts. They then choke somebody to death with out intending to. Here is a snippet from a martial arts website:

Even if you’re a world class striker, with knockout power in both hands, I would still argue that it’s absolutely critical to also master a few reliable chokes from different positions!

Yeah right. No.... chokeholds are not inherently reliable. Nobody masters them by the $79.99 video.
I’m in SC with a worse rate of violence than CA and a godawful unsolved murder rate to boot.
Violence is not the only thing that causes cities and societies to fail. The vast majority of California store lootings were violence free.

The de facto legalization of theft by some California DA's led to businesses failing, people being thrown out of work, neighborhoods becoming more unsustainable. Then.... more businesses closing, more people jobless etc.

Its a downward spiral.
 

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