Answers sought in death outside Wal-Mart Man accused of theft begged to be let up from hot pavement, witness says

A man suspected of shoplifting goods from an Atascocita Wal-Mart — including diapers and a BB gun — had begged employees to let him up from the blistering pavement in the store's parking lot where he was held, shirtless, before he died Sunday, a witness said.

An autopsy for the man, identified as Stacy Clay Driver, 30, of Cleveland, was scheduled for Monday, but officials said results probably would be delayed by a wait for toxicology tests.

Driver's family, as well as one emergency worker, are questioning company procedure, including whether Wal-Mart workers administered CPR after they realized he needed medical attention.

When Atascocita Volunteer Fire Department paramedics arrived, Driver was in cardiac arrest, said Royce Worrell, EMS director. Worrell said Monday he heard from investigators that Wal-Mart employees administered CPR to Driver, but he was not sure that happened.

"When we got there, the man was facedown (in cardiac arrest) with handcuffs behind his back," Worrell said. "That's not indicative of someone given CPR."

Wal-Mart employees referred calls to the Harris County Sheriff's Department, where homicide detectives are investigating the death.

"We're just not able to provide any comment at this time ... ," said Christi Gallagher, spokeswoman at Wal-Mart's headquarters in Bentonville, Ark.

Jim Lindeman, a lawyer representing Driver's family, said the family is devastated. "We're waiting to learn the results of the Sheriff's Department investigation," he said.

No charges have been filed. "The determining factor will be the (autopsy) report in whether we go forward with any charges," said Lt. John Martin, Sheriff's Department spokesman.

Driver lived in Cleveland, where his parents own a small business, Lindeman said. Driver was a master carpenter with a 2-month-old son and was about halfway through taking flying courses to get his pilot's license, Lindeman said.

Employees told investigators Driver had walked out the store with a package of diapers, a pair of sunglasses, a BB gun and a package of BBs, Martin said.

Lindeman said otherwise. "It's our belief he was not shoplifting," he said.

Houston lawyer Charles Portz was outside the store at 6626 FM 1960 East when employees chased Driver into the parking lot Sunday afternoon.

Portz said three employees caught Driver, who twisted and turned until his shirt came off and he broke free and ran.

"They chased him right past me," said Portz, who followed the chase, then saw four or five employees hold Driver on the ground. Driver was pleading with them to let him up, Portz said. "The blacktop was just blistering," he said.

The high temperature at Bush Intercontinental Airport Sunday was 96 degrees.

Portz said one of the Wal-Mart employees had Driver in a choke hold as other employees pinned his body to the ground.

"He was begging, 'Please, I'm burning, let me up,' " Portz said of Driver. "He'd push himself up off the blacktop, like he was doing a push-up.

"About 30 people were saying, 'Let him up, it's too hot,' " Portz said. He said another employee brought a rug for Driver to lie on, but one of those holding Driver said he was fine where he was. "After about five minutes, (Driver) said, 'I'm dying, I can't breathe, call an ambulance,' " Portz said.

Employees struggled with Driver before he was handcuffed, Martin said.

"There was a struggle, and when they finally succeeded after getting him detained in handcuffs, he continued to struggle," Martin said.

After Driver was handcuffed, Portz said one employee had his knee on the man's neck and others were putting pressure on his back.

"Finally the guy stopped moving" and the employees got off him, Portz said. "They wouldn't call an ambulance.

"I looked at him and said, 'Hey, he's not breathing,' but one guy told me (Driver) was just on drugs. I told them his fingernails were all gray, and finally they called an ambulance."

Martin said investigators have no indication that Driver was intoxicated.

He also said a review of surveillance tape showed that nine minutes had elapsed between the time employees "got (Driver) under control and the time EMS showed up."

Worrell said paramedics arrived two minutes, 19 seconds after they received the call. Paramedics performed CPR on Driver en route to Northeast Medical Center Hospital, where he was pronounced dead.

Store employees told investigators Driver entered the store with an item marked with a sticker indicating it had been paid for, then switched the sticker to a more expensive item and tried to leave with it.

susan.bardwell@chron.comrobert.crowe@chron.com