Family glad DA is reviewing shoplifter's death at B'klyn shop

about 6 years in NY Daily

The family of a Brooklyn man who died while store employees restrained him for allegedly shoplifting are grateful that prosecutors have launched an investigation into the death.

Ralph Nimmons’ aunt and uncle had a meeting Wednesday with District Attorney Eric Gonzalez and members of his executive team, where they learned authorities are already looking into what happened Saturday at a Flatbush Ave. Stop & Shop.

“To know that they have already started investigating what happened to my nephew, I am very touched by that,” said Eloise Siverls, Nimmons’ aunt.

Nimmons, 51, was accused by three store employees of attempting to steal a boxed cake from the grocery store before they held him down.

Witnesses said Nimmons begged for the three workers to get off of his head, legs and chest because he couldn’t breathe and has a heart condition, said Scott Rynecki, the family’s attorney.

“He was crying out that he had a bad heart, he couldn’t breathe. Just because he allegedly took something doesn’t mean you compress his head until he couldn’t breathe anymore,” said Bonezlee Nimmons, the victim’s uncle.

When police arrived at the scene, Nimmons was unresponsive. He was declared dead at a nearby hospital.

“The family wants to see that justice is done,” Rynecki said at a press conference after the meeting with prosecutors.

Siverls, 65, and her brother Bonezlee, 59, hired Rynecki and Sanford Rubenstein to help push investigators to charge those responsible for their nephew’s death.

Rynecki told reporters that Gonzalez was “troubled” by the incident when he heard the reports on Saturday and immediately began investigating.

“We are very grateful to the district attorney’s office. We want justice for our nephew,” said Bonezlee.

An autopsy report from the city’s medical examiner is pending.

“If there was a theft, the penalty should not be death,” said Rubenstein, who asked the public to turn over any cell phone videos of the incident to help with the investigation.

A Stop & Shop spokesman expressed condolences to Nimmons’ family in a statement Tuesday and said the company is continuing to work with investigators.

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