A 35-year-old man was choked to death by a CVS store employee after shoplifting a couple tubes of toothpaste, according to the Chicago Sun-Times. Anthony Kyser's death was ruled a homicide but police said they're treating it as "accidental" and won't charge the employee with a crime.
An off-duty Cook County sheriff's officer, who was armed, reportedly witnessed the strangulation and told Anthony Kyser to "stop resisting," a sheriff's spokesman told reporters for a Sun-Times update.
He was chased out of the store around 11 a.m. on May 8 carrying an unspecified number of stolen tubes of toothpaste and stopped by the unnamed employee in an alley.
The employee held him in a choke hold for what witnesses say was several minutes. He reportedly cried, "I can't breathe, I can't breathe!" before losing consciousness. He was declared dead 45 minutes after arriving at Mount Sinai Hospital.
CVS spokesman Michael DeAngelis said the company was investigating "the unfortunate incident involving a suspected shoplifter who fled our store," according to the Sun-Times.
Anthony Kyser's family, meanwhile, is furious. His ex-wife, Ann Balboa, told reporters she couldn't believe the employee was not charged with murder:
"Why would you kill someone over toothpaste?"
Ann Balboa told reporters that her ex-husband's family is planning to contact a Chicago accident attorney and sue but didn't provide any additional details. She did, however, make reference to his family's financial needs:
"He was a loving stepfather to my three sons. They've taken away my kids' pops, and you don't do that. They murdered him."
Related Resources:
- Wrongful Death - Overview (FindLaw)
- Cop Watched CVS Strangle (NBC Chicago)
- Search Chicago Injury Lawyers (FindLaw)
