No Charges Filed in Wal-Mart Death
Local law enforcement in North Myrtle Beach have stated that they will not be pressing charges in an incident during which a man died. The man was seen shoplifting in Wal-Mart and three employees and a bystander wrestled him to the ground in the parking lot. At some point during the incident, the man died. An autopsy has been performed, but the cause of death has not been released at this time. Additionally, it is unknown whether these Wal-mart employees have hired an attorney or more specifically, a criminal defense lawyer in Myrtle Beach.
Based on these known facts, it appears that this was not a murder. The parties involved did not have the intent to kill the man, but were trying to prevent a theft. Murder requires the intent to kill or a willful disregard for human life, known as depraved heart murder. Additionally, these individuals could not be charged with voluntary manslaughter because this homicide also requires an intent to kill but is mitigated by the state of mind of the individual or the circumstances surrounding the case. Involuntary manslaughter is negligent homicide and does not require an intent to kill.
However, depending on the results of autopsy, the deceased family may have a claim for wrongful death. The family would have to prove the man's death was caused by the individuals that wrestled the man to the ground. Therefore, the autopsy will be the key piece of evidence in this case.
The Mace Firm has attorneys that handle wrongful death cases in Florida, Georgia and South Carolina, including Myrtle Beach, North Myrtle Beach, Florence, Darlington, Columbia and Charleston.
