Like many situations in 21st Century America… it is all up to the lawyers. On December 29th 2012 there was a violent incident at Wal-MArt when store employees “detained” Kandius Rosenborough for allegedly shoplifting. The Winston-Salem Police
Department told CCD they cannot discuss an ongoing investigation and prosecution. Wal-Mart has not responded to inquiries since CCD sent them the videos. Only Ms. Rosenborough has been talking and her version of events is very different than what has been put forward by Wal-Mart management. In spite of this, however, nothing will happen beyond Ms. Rosenborough having a hearing on her charges unless she seeks and obtains an attorney to push the issue through.
See videos and CCD‘s original coverage HERE.
According to the police report of the incident obtained by CCD, Kandius Rosenborough was charged on Dec. 29th with shoplifting, simple assault, and trespassing Like everything else surrounding this incident even the official charges are not exactly what they appear to be. Rosenborough was not charged with stealing anything. According to the police report she:
“Without authority did conceal (Hair care $9.73) the goods and merchandise of a store (Wal-Mart inc. #1849) while still upon the premises of the store and not having therefore purchased the goods and merchandise.”
Regarding the trespassing charge:
“without authorization enter and remain on the premises of (Wal-Mart #1849) Located at (320 E. Hanes Mill Rd.) after the defendant had been notified not to enter and remain there by (Robert Everetts) the owner, person in charge of the premises, lawful occupant and authorized person/which was posted, in a manner reasonably likely to come to the attention of intruders with notice not to enter the premises.”
The responding police officers spoke to one witness regarding the entirety of the incident and alleged crimes. When CCD went to the Wal-Mart on January 3, 2013 there was no notice indicating that Kandius Rosenborough or anyone else was banned from the store. It is possible that this notice is posted in an employees only area.
According to Kandius Rosenborough two months prior to the December incident she was acquitted of a charge shoplifting from the same Wal-Mart location. Her sister, however, was convicted of a charge. Rosenborough told CCD that on Dec. 29th she, her children, and her boyfriend shopped at Wal-Mart and were not approached by any Wal-Mart employee telling her that she had to leave. Ms. Rosenborough said that the first Wal-Mart employee to speak with her was “The manager in the brown coat in the video.” According to a former Wal-Mart employee who spoke to CCD on the condition that we not identify them that man is the “Robert Everetts” in the police report. Wal-Mart will not confirm or deny anything in this case.
Ms. Rosenborough told CCD that as soon as she had used the self-checkout Mr. Everetts approached her. He accused her of stealing something, although he did not indicate any particular item, and told Rosenborough “You won’t get away with it this time.”- an apparent reference to Rosenborough’s being found Not Guilty on the earlier charges. He then added that she was trespassing.
Rosenborough then recounted that she told Everetts that she wanted to take her children out of the cart and that she would show him her receipt. When she attempted to do so, “They grabbed me while I was trying to get the kids out of the cart.”
This is the point in the story when passers-by began to video-tape the incident with cell-phones. “They slammed me against the wall and they kicked me.” Rosenborough asserted. She stated that upon arrival the police immediately handcuffed her and her boyfriend and “slammed” them against a police car.
Rosenborough was bleeding from a cut inside of her mouth so responding officers contacted EMS. According to Rosenborough the EMS responder told her that she was suffering from a concussion and recommended that she go to the emergency room. When Rosenborough declined she was given instructions for monitoring her own condition.
According to Rosenborough she asked the police officers if she could charge the men who had manhandled her with assault. “The police told me it would be a waste of time. It would just be my word against theirs.” Ms. Rosenborough told CCD that she did try to go to the magistrate’s office and press charges on January 5th but was told that because she could not name her assailants she could not swear out a warrant on them for assault.
A local attorney who handles criminal cases of this nature told CCD off the record that businesses in North Carolina do have the right to reasonably detain someone they suspect of shop-lifting. The restraint must be reasonable when considering the charges and cannot involve lethal or crippling force. The attorney also stated that without a lawyer of her own there is not much someone like Rosenborough can do in this case. “It might not be fair, but she has to prove her assertions just like Wal-Mart must prove theirs… in court.”