U.S. Rep. Bobby Rush
Two weeks after an unarmed man was strangled to death by a CVS drugstore employee, one South Side congressman is still fighting for justice.
“Here is a man who was unarmed yet he was punched, choked and beaten to death,” U.S. Rep. Bobby Rush, D-1st, said at a Tuesday news conference. “They say he was shoplifting but that has not been confirmed. The only thing we do know for sure is that Anthony Kyser is no longer here.”
According to Chicago police, on May 8, Kyser, 35, was at the CVS drugstore at 2642 S. Pulaski Road around 11 a.m. and ran out of the store trying to steal some toothpaste and a pack of crayons. A CVS employee chased Kyser into a nearby alley where he allegedly put Kyser in a chokehold. Other witnesses then joined the employee in trying to subdue Kyser by holding his legs until police arrived. In the process Kyser died.
The Cook County Medical Examiner’s office ruled his death a homicide but Chicago police said it was an accidental death and will not be seeking charges against the employee, whom police did not identify.
Rush said whether or not Kyser was stealing and even if the employee did not intentionally try to kill Kyser, the fact is a man is dead and those responsible must now be held accountable. “We are a nation of laws. But what kind of world do we live in when someone’s life can be taken by a group of vigilantes and nothing happens to them?” the congressman questioned. “The only thing that matters now is justice needs to be served.”
The officer who was on the scene but did nothing to stop the situation should never wear a uniform again,” Rush said.
Chicago police confirmed that an off-duty Cook County deputy sheriff was at the scene and even called 911 to report the incident but apparently did not intervene as the employee and witnesses attempted to subdue Kyser.
Steve Patterson, a spokesman for the Cook County Sheriff’s office, said the deputy is a Black woman with five years experience. He declined to identify her.
“We have nothing to investigate. She is not accused of any wrongdoing nor implicated as being part of any wrongdoing. She willingly came to our internal affairs officers, unprompted, and described what she saw that day,” Patterson told the Defender. “It coincides exactly with what witnesses said happened and there have been no reports that she committed any violations of her general orders.” He added that the officer did not try to intervene because “correctional officers do not have the authority to arrest anyone. They do not have police powers.”
Patricia Hill, executive director for the African American Police League, and Christopher Cooper, a spokesman for the National Black Police Association in Washington, D.C., also attended the news conference.
They said the off-duty officer failed at her duties because once she announced who she was she was then on duty. “I can tell you that Black police officers are upset over this,” Hill said.
Civil Rights attorney James Montgomery also attended the news conference and said he plans to file a multimillion-dollar wrongful death lawsuit against CVS and the Cook County Sheriff’s office in the next few days.
This will be the second lawsuit filed against CVS in this case. On May 12, Kyser’s father, Michael Johnson, filed a wrongful death lawsuit against the drugstore chain headquartered in Woonsocket, RI. The drugstore chain issued a statement to the Defender regarding Kyser’s death.
“We deeply regret the death of Mr. Kyser. The safety of our customers and employees is our top priority and we are thoroughly investigating this terrible tragedy. The store employee involved will remain on leave pending the outcome of our investigation. We are also fully cooperating with the police and all other authorities with regard to this tragic incident, which affects not only those who were involved, but their families and friends as well,” the statement read.
Kyser’s mother, Ann, said she learned about her son’s death while attending church.
“What a Mother’s Day present I got this year. My son was killed,” she said.
In 2002 her oldest son, Sherman Kyser, was gunned down on the street and to this day no one has been charged with his murder.
Anthony Kyser’s ex-wife Ann Balboa plans to hold a memorial service for him Friday at noon at Triedstone Full Gospel Baptist Church, 1415 W. 104th St., where the couple were members and renewed their wedding vows. Balboa said Kyser was a loving stepfather to her three sons. “Anthony and the boys were very close. He was their dad for 10 years,” she said. “The one thing I will miss the most about him is his warm hugs,” she told the Defender. “They loved him and he loved them. He was a great dad and a good person who did not deserve to die this way.”
Cook County State’s Attorney Anita Alvarez was unavailable for comment.
Rush said oddly enough CVS was awarded an $800 million contract Friday by the City of Chicago to provide prescription drugs to employees.
Rush plans to lead a march Friday from Chicago police headquarters, 3510 S. Michigan Ave., to the Cook County State’s Attorney’s office, 50 W. Washington St.
Copyright 2010 Chicago Defender.
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