By Andrew Hackmack
Jdimytai Damour was killed when he was knocked down and trampled by a crowd of customers entering the Valley Stream Wal-Mart last Nov. 28.
An attorney for the victim's parents, however, said they are outraged by the settlement, which, they contend, lets the retail giant off the hook.
District Attorney Kathleen Rice announced the settlement at a press conference on May 6. Wal-Mart will pay almost $2 million, split between a victims' compensation fund and community grants. The store will also be under the scrutiny of independent security monitors for the next three years.
"This agreement does more than any criminal prosecution could ever accomplish," Rice said. "We expect that this agreement alone will ensure the safety of consumers across the state."
Wal-Mart's safety plan for Black Friday sales, at all 92 of its stores in New York state, must be reviewed and approved by two separate independent security experts. A crowd management plan has been developed to provide for safety measures for the store's post-Thanksgiving sales events.
Hank Mullany, president of Wal-Mart's Northeast Division, said the safety agreement addresses three areas: customers' entry into the store, their flow throughout the store and around promotional merchandise, and their movement through checkout lines and out of the store.
The new crowd management techniques are proven measures of safety, Mullany said. He added that last year's death was a tragedy that had never happened before. "We never want it to happen again," he said. "We're committed to learning from it."
Attorney Andrew Libo, who represents Damour's parents, Charles Ogera and Marie Telismond, said the safety agreement is not groundbreaking. "They're not doing anything they shouldn't have done," Libo said.
Wal-Mart is establishing a $300,000 fund for those who suffered injuries during the Black Friday incident, to compensate them for pain and suffering. There will also be a separate $100,000 fund for those who suffered other financial losses, including damaged or lost property, lost wages or out-of-pocket medical bills.
The agreement also requires Wal-Mart to pay $1.5 million in grant money to fund Nassau County youth programs. A majority of that money - $1.2 million - will go to the Nassau County Youth Board, and the United Way's Long Island Youth Build Program will receive $300,000.
Rice noted that what Wal-Mart is paying for its compensation funds and youth programs goes well beyond the maximum $10,000 fine the corporation could have received if prosecution went forward. She said that it was important to ensure that there would be sweeping changes in Wal-Mart's security practices, which is the purpose of the agreement. "To me, as the district attorney," she said, "public safety is my primary objective."
Additionally, Wal-Mart will employ 50 Nassau County high school students at its five area stores. The jobs will be part-time during the school year and full-time over the summer break. "Teenagers with job are off the street, out of trouble and learning the value of hard work," Rice said.
Should Wal-Mart fail to meet any of its agreement's requirements, Rice said, a criminal case against the company could be re-opened.
The agreement does not prohibit victims from seeking civil damages. Libo said that Damour's family plans to sue Wal-Mart for damages. He also said that suits against the Green Acres Mall management company and security firm are being considered.
Libo has also asked Gov. David Paterson to appoint a special prosecutor in the case, because the family is upset that Wal-Mart was not prosecuted. He said that the agreement excuses liability and fault. "We feel there has to be a light shined on what went on," Libo said. "This is sweeping this under the rug."
While he said he recognizes that the possible fine doesn't come close to what Wal-Mart is paying under the agreement, Libo said that criminal prosecution of the company would send the strongest message. "Someone died here," Libo said. "The facts should come out as to who was responsible for that."
Comments about this story? AHackmack@liherald.com or (516) 569-4000 ext. 265.
