Wal-Mart Black Friday Brawl: Attorney Says Client is Innocent

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The attorney for a man forcibly taken down by Buckeye police at a Wal-Mart says he plans to clear his client of the criminal allegations stemming from an alleged shoplifting incident.

Todd Nolan says multiple witnesses have come forward to say 54-year-old Jerald Newman was not resisting arrest when Buckeye police Officer Kevin Rorke used a "leg sweep" to bring Newman down last Thursday night.

Court papers show an assistant store manager alerted Rorke that Newman had concealed a video game under his shirt.

A Buckeye police report said Newman's wife believed the whole incident was a "misunderstanding" and that her husband had put a video game into his waistband to free his hands to help his grandson, who was caught in the crush of shoppers.

Nolan told reporters Tuesday they are contemplating filing a lawsuit.

On Wednesday, the Buckeye Police Association released this statement:

The Buckeye Police Association announced today its support for the Buckeye Police officer who was working at Wal-Mart on November 24, 2011.

Based on information provided and known to this association our Officer’s actions in apprehending a shoplifting suspect at the Wal-Mart were appropriate and according to our department’s procedures, training and regulations. It is also our opinion our officer used reasonable force to control and take into custody a person who had committed an unlawful misdemeanor offense against a private business and the citizens of Buckeye. The actions by the officer were necessary because of the forcible physical actions taken by the suspect in resisting his lawful arrest.

This association will vigorously defend our officer in all investigative proceedings and we will not permit media hype and a distortion of the facts to deter us from representing our member by all means available.

The Buckeye Police Association was founded in 2007 and represents 63 rank and file Buckeye Police Officers.

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