New York Daily News

‘Pay’ for deli death

Kin ask DA to probe workers’ tussle with shoplifter

- BY CHRISTINA CARREGA

RELATIVES OF A “mild mannered” homeless man who died when three store employees held him on suspicion of shopliftin­g are calling on Brooklyn prosecutor­s to investigat­e the incident.

“We want them to pay and be held accountabl­e for what they did to my nephew,” Eloise Siverls, the aunt of Ralph Nimmons, told the Daily News. “They killed him.”

Three employees allegedly caught Nimmons, 51, stealing food Saturday from a Flatbush Ave. Stop & Shop.

“There were people in the store who offered to pay for the items Ralph took just to stop them from the abuse,” said Siverls, 65, who questioned if Nimmons (right) in fact was trying to take anything.

Several witness said the three men were standing on top of Nimmons — compressin­g his head, legs and chest as he hollered about his heart condition and that he couldn’t breathe, said Scott Rynecki, an attorney for the family.

“Can’t just take the law into your own hands. All of this was uncalled for. The family wants those responsibl­e for this to be held accountabl­e,” said Rynecki, who is asking for the Brooklyn district attorney’s office to conduct its own investigat­ion.

An off-duty store employee told The News after the tragic incident that it’s store policy to alert the loss-prevention team.

“This case is under an active investigat­ion,” said Oren Yaniv, a spokesman for the district attorney’s office.

“He didn’t try to hurt anyone. He didn’t have a weapon. I don’t think he even tried to run because of his heart,” said Bonezlee Nimmons, 59, the victim’s uncle.

The family also wants the police to release the security surveillan­ce to see what happened.

After a stint at Kings County Hospital in February, Nimmons was diagnosed with a heart condition that required medication, his uncle said.

When police arrived around 7:30 a.m. the employees — the manager, assistant manager and produce worker — were on top of Nimmons’ limp body, Rynecki said.

“He’s a mild-mannered, stocky guy and wouldn’t kill a roach. I never heard him raise his voice,” said Siverls.

Nimmons later died at Kings County Hospital and as the news broke, Siverls watched the reports in shock.

“I thought to myself, this person was hungry and needed food, but the right punishment for shopliftin­g is not death,” she said before she realized the news was about her loved one.

The employees were not arrested. An autopsy report from the city medical examiner’s office on Nimmons is pending.

“We are saddened by the death that occurred at our Flatbush Ave. store on Saturday. Our deepest sympathies go out to the family,” said Philip Tracey, a spokesman for Stop & Shop.

“We continue to cooperate with law enforcemen­t officials to ensure that the facts pertaining to this incident are fully and accurately determined,” he said.

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