“If you’re walking down the street in public and not doing nothing, just walking down the street in public on the sidewalk, and a cop walks up behind you and says, ‘Stop, put your hands behind your back,’ if you’re not doing nothing, are you obligated to do that?” Borisouth said. “Moving forward, we will work with all our retail partners to ensure that there is a clear, mutual understanding of our officers role while working in any off-duty capacity,” Chartrand said in a statement.īut Borisouth said he still doesn’t understand why he was cited when he didn’t even commit a crime in the first place. KCK police spokesperson Chartrand says the citation has since been dropped. “If they have enough probable cause, or reasonable suspicion to believe that you’re shoplifting,” Corwin said, “then they can detain you for a reasonable amount of time to reasonably investigate.” Concerns of profilingĪfter sitting in the back of a police car for nearly an hour, Borisouth said officers eventually let him go, but not before writing him a ticket for hindering an investigation. “He said, ‘Do you have your receipt?’ He said, ‘Got your receipt?’ and I said, ‘Yes,’ and I continued to walk.”Įven if Borisouth was directly asked to produce a receipt, Kansas-city area attorney Katherine Corwin with DiPasquale Moore Injury Attorneys tells WDAF that customers never need to show a receipt at stores that don’t require a membership, “but it may be beneficial to do so” in certain situations. “As I walked past him, he didn’t ask me for my receipt or nothing,” Borisouth said. “It is our determination that the officer should have disengaged at that time due to the circumstances.”īorisouth, meanwhile, claimed the officer never technically asked to see his receipt. ![]() “When requested to present his receipt, the individual refused, became belligerent and continued out the door despite the officer’s verbal commands,” Chartrand said in a statement. ![]() Two more on-duty Kansas City, Kansas officers arrived for back up,” Borisouth remembered.Ĭhartrand said in a statement the department’s review of the incidents concluded the security officer never should have taken things so far. At one point, he even throws the receipt on the floor - but it’s ignored by the officer. “Get off me and read my receipt!” Borisouth can be heard saying in footage taken by other shoppers. Instead of checking his receipt, Borisouth says the officer became aggressive, wrestling him to the ground and slamming his head into the floor. “And right as soon as I step through that door, he pins me up against the claw machine and brick wall and he said, ‘You didn’t pay for that.’ I said, ‘Yeah, I did. “As I get up to the door, I see in the reflection, he’s heading towards me very rapidly,” Borisouth told Nexstar’s WDAF. It should have been a quick visit, but it turned violent when a off-duty police officer working security approached Borisouth as he was leaving the self-checkout area. He had no idea it would soon become the worst day of his life.īorisouth, 24, finished helping his uncle and ran inside the Walmart to purchase a frozen pizza to take home to his wife and 2-year-old daughter. ( WDAF) – Dayton Borisouth said he was trying to do a good deed by helping his uncle jumpstart his car outside of a Walmart in Kansas City, Kansas, on June 1.
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