Family Of Shoplifter Choked To Death For Stealing Toothpaste Left Shocked When Informed Store Employee Will Not Face Charges


SunTimes.com: Anthony Kyser didn't have money for the tubes of toothpaste he stuffed in his jacket before he walked out of a Little Village CVS store Saturday morning.

He paid with his life, instead.

Chased out of the store and down a litter-strewn alley shortly before 11 a.m., the 35-year-old unemployed barber was strangled to death by a CVS employee who had seen him shoplifting, officials said.

Witnesses said Kyser, of the 1400 block of South Hamlin, cried, "I can't breathe, I can't breathe!" as the CVS worker held him in a chokehold for what they thought was several minutes. Three other men attempted to restrain him in the alley behind the 2600 block of South Pulaski, the witnesses said.

The medical examiner ruled Kyser's death a homicide, saying an autopsy showed he had been strangled, but police said Sunday the employee who killed him won't be charged.

Police are treating the death as "accidental," Chicago Police spokesman Daniel O'Brien said.

That's a decision Kyser's outraged family can't understand.

"Why would you kill someone over toothpaste?" his ex-wife, Ann Balboa, said through tears Sunday.

"Why would you even chase them, and how is this not murder -- it doesn't make sense."

Kyser's family said that though he had served prison time for drug convictions and had a drug problem and "his ups and downs," nothing he had done came close to justifying his death.

They also said they want a full investigation into claims -- made by two witnesses to the Chicago Sun-Times -- that an off-duty Chicago cop was at the scene and had drawn her weapon on Kyser before he died.

Chicago Police say there is no reference to an off-duty officer in their report.

The witnesses, whose homes back onto the alley where Kyser died and who asked not to be identified, say the officer announced herself, pointed her weapon at a bleeding Kyser and told him to stop resisting the CVS employee and other men who were holding him down.

When he continued to struggle, she holstered her weapon, got in her car and made a phone call, the witnesses said.

Chicago Police spokesman John Mirabelli said Kyser was unconscious when officers arrived at the scene at 10:52 a.m. Police Lt. Maureen Biggane said the probe continues, adding that "we have no indication of CPD involvement." She said camera footage is being reviewed and urged witnesses to contact detectives.

Initially described as in "fair-to-serious" condition, Kyser was declared dead 45 minutes later at Mount Sinai Hospital, according to the medical examiner's office.

Staff at the store declined to comment Sunday, but CVS spokesman Michael DeAngelis said the company was investigating "the unfortunate incident involving a suspected shoplifter who fled our store."

The Independent Police Review Authority is not investigating, spokesman Curtis Tarver said.

There were 15 thefts in the 2600 block of South Pulaski in the first four months of 2010, statistics show. Witnesses said they have previously seen CVS employees tackle shoplifters.

Balboa says Kyser's family plans to sue. "He was a loving stepfather to my three sons," she said. "They've taken away my kids' pops, and you don't do that.

"They murdered him."

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Tags: chicago, cvs, death, homicide, shoplifter, theft, toothpaste

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Comment by Gregory Nieves on May 11, 2010 at 5:09pm
AFTERLIFE?? THERE IS NO AFTERLIFE J******...
Comment by Jay Crow on May 11, 2010 at 5:07pm
WAKE UP PEOPLE........THIS TYPE OF S*** HAPPENS ALL THE TIME................HE'S BLACK........DON'T NOBODY F***** CARES BUT HIS FAMILY.........SAD TO SAY BUT IT'S THE TRUTH..........THIS IS AMERICA..........DO UR RESEARCH........WHITE PEOPLE BEEN KILLIN US N GETTIN AWAY WITH IT........ITS ALL PART OF THIS NEW WORLD ORDER...........THE ILLMANTI.........DO UR RESEARCH............WAKE UP...........EVERYTHING IS OK AND IN ORDER TO THEM...........WHAT DOES THIS HAVE TO DO WITH THIS STORY............EVERYTHING..............2 PAC KNEW
Comment by knowledge †-the truth-† on May 11, 2010 at 5:01pm
the mufucka that choked him will be payin 2 times the pain that his victim felt in the after life... bcuz i know if i see sum1 stealin sum s*** i know i aint gonna snitch or try 2 chase them down bcuz they might need that s*** more than me... but i wouldnt go 2 walmart 2 steal s***, i'd go 2 the corner store where its crowded when n***** is buyin old e's & cisco's...
Comment by Maurice on May 11, 2010 at 5:00pm
He shouldnt have been stealing and its not a black thing, What if you owned a store a people kept taking from it. Its not Nazi terror, we already have people kicking down our doors and killing people and they are black. So why dont you tell them to stop. Its not ok to steal, what if I cam up to you can took what ever was in your hand. We should all treat people with respect no matter the race.
Comment by Natty - X on May 11, 2010 at 4:58pm
jack toothpaste out my store i might crush your larynx too lloll
Comment by knowledge †-the truth-† on May 11, 2010 at 4:58pm
either way, the person who chased him & choked him 2 death should be in the big boy hotel...
Comment by knowledge †-the truth-† on May 11, 2010 at 4:55pm
wow... stealing toothpaste... u tellin me u dont have a dollar 4 ya life 2 spend..?
Comment by thuggy on May 11, 2010 at 4:55pm
wow u choke him for 7 mins and two other men hold him down and dat isnt murder ????????? wow dude had no weapon or nuffin dats f***** up...f*** the police and f***** cvs too
Comment by Jason Bernard on May 11, 2010 at 4:35pm
2 sides to every story, theres a whole lot more that none of u n***** know, myself included, they cant get every f****** detail, its just biased to cause controversry and stir racism
Comment by Duke on May 11, 2010 at 4:20pm
over f****** toothpaste? Are you f****** kidding me? I work at timberland, and mad people steal boots... no way in hell I would ever chase someone for them, nor would I kill them. F*** that s***. The CVS guy can rot in hell, thats f****** b******* that he will not get charged

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