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Plano: Store clerk to stand trial in death
Man suspected of shoplifting was chased, struck by car
01/09/2003
By MANOLO BARCO / The Dallas Morning News
A Plano grocery store employee who chased a shoplifting suspect into the street where he was struck by a car last summer will stand trial in the man's death.
Lamont Johnson, 29, is charged with criminally negligent homicide in the death of 20-year-old James Scott McAlister Jr.
Mr. Johnson of Rowlett turned himself in at the Collin County Jail on Monday after a warrant was issued for his arrest. He was released from the Collin County Jail after posting bond on $10,000 bail.
"We have the deepest degree of sympathy for the family of Mr. McAlister," said Mr. Johnson's attorney, George Milner III. "However, it is shocking that a man protecting his employer, who is attacked by the thief, would be subsequently indicted for his actions."
Police and prosecutors declined to comment on the case.
Mr. Johnson was indicted last month after Plano police referred the case to a Collin County grand jury without filing charges.
An attorney for Mr. McAlister's family said he believes an indictment was justified.
"I don't think the district attorney's office is going to have a difficult time persuading a jury to convict Mr. Johnson based on the charge and the information we have," said Keith Gore of McKinney.
The incident took place July 30 at a Tom Thumb store in the 2200 block of 14th Street. Mr. Johnson told police that he chased Mr. McAlister because he suspected he had stolen some beer. The chase ended about two blocks away, in the 1200 block of Jupiter Road, where Mr. McAlister was struck.
According to a police report, several witnesses told officers that Mr. Johnson had Mr. McAlister in a headlock and was on top of him in the street prior to the accident. Witnesses also told police that Mr. McAlister was screaming, "I can't breathe. You're choking me," and was asking bystanders to call 911.
When Mr. Johnson got off Mr. McAlister, according to the report, the car struck Mr. McAlister.
But Mr. Milner said there is more to the story. He said that Mr. McAlister punched his client several times during a confrontation in front of the store and again during the chase and that he threw a beer bottle at Mr. Johnson and eventually tackled him in the street.
Connie Yates, a spokeswoman for the grocery company, said Mr. Johnson, who was a night manager at the store, has been placed on leave. She declined to comment further.
Plano police have not said whether they found any evidence that Mr. McAlister had taken anything from the store.
Mr. McAlister's mother, Kay Sparks, said she does not believe that her son stole anything.
"Unless they show me actual videotape that [Scotty] left the store holding a beer, I won't believe it," Ms. Sparks said.
If convicted, Mr. Johnson could be sentenced to a maximum of two years in state jail.
"I want justice," Ms. Sparks said while sitting at Mr. Gore's law office earlier this week. "I want Scotty to have his day in court. I don't want revenge; I just want whoever is responsible to be held accountable for their actions."
http://www.dallasnews.com/localnews/city/collin/stories/010903dnplaindict.5cdbd.html
Man suspected of shoplifting was chased, struck by car
01/09/2003
By MANOLO BARCO / The Dallas Morning News
A Plano grocery store employee who chased a shoplifting suspect into the street where he was struck by a car last summer will stand trial in the man's death.
Lamont Johnson, 29, is charged with criminally negligent homicide in the death of 20-year-old James Scott McAlister Jr.
Mr. Johnson of Rowlett turned himself in at the Collin County Jail on Monday after a warrant was issued for his arrest. He was released from the Collin County Jail after posting bond on $10,000 bail.
"We have the deepest degree of sympathy for the family of Mr. McAlister," said Mr. Johnson's attorney, George Milner III. "However, it is shocking that a man protecting his employer, who is attacked by the thief, would be subsequently indicted for his actions."
Police and prosecutors declined to comment on the case.
Mr. Johnson was indicted last month after Plano police referred the case to a Collin County grand jury without filing charges.
An attorney for Mr. McAlister's family said he believes an indictment was justified.
"I don't think the district attorney's office is going to have a difficult time persuading a jury to convict Mr. Johnson based on the charge and the information we have," said Keith Gore of McKinney.
The incident took place July 30 at a Tom Thumb store in the 2200 block of 14th Street. Mr. Johnson told police that he chased Mr. McAlister because he suspected he had stolen some beer. The chase ended about two blocks away, in the 1200 block of Jupiter Road, where Mr. McAlister was struck.
According to a police report, several witnesses told officers that Mr. Johnson had Mr. McAlister in a headlock and was on top of him in the street prior to the accident. Witnesses also told police that Mr. McAlister was screaming, "I can't breathe. You're choking me," and was asking bystanders to call 911.
When Mr. Johnson got off Mr. McAlister, according to the report, the car struck Mr. McAlister.
But Mr. Milner said there is more to the story. He said that Mr. McAlister punched his client several times during a confrontation in front of the store and again during the chase and that he threw a beer bottle at Mr. Johnson and eventually tackled him in the street.
Connie Yates, a spokeswoman for the grocery company, said Mr. Johnson, who was a night manager at the store, has been placed on leave. She declined to comment further.
Plano police have not said whether they found any evidence that Mr. McAlister had taken anything from the store.
Mr. McAlister's mother, Kay Sparks, said she does not believe that her son stole anything.
"Unless they show me actual videotape that [Scotty] left the store holding a beer, I won't believe it," Ms. Sparks said.
If convicted, Mr. Johnson could be sentenced to a maximum of two years in state jail.
"I want justice," Ms. Sparks said while sitting at Mr. Gore's law office earlier this week. "I want Scotty to have his day in court. I don't want revenge; I just want whoever is responsible to be held accountable for their actions."
http://www.dallasnews.com/localnews/city/collin/stories/010903dnplaindict.5cdbd.html
