Dad and teen son spent night in jail after Walmart accused them of stealing $50 of sand. Then Fox 5 found 2 missing minutes of footage
The video showed Michael Kruse walking in the store and walking out with the bags of sand.
Georgia man Michael Kruse and his two sons (18 and 4 years old) went to Walmart to shop for a few items and bags of sand. Kruse was building a sand pit in his backyard and was ready to fill it. However, after they left, a Walmart employee reviewed the security footage and called officers, who took Kruse and his teenage son away in handcuffs. Kruse said he offered to retrieve the receipt showing he had paid, remembering his total was $71, and the sandbags were $49.97, but he and his 18-year-old son were nevertheless arrested and spent the night in jail. The mistake was uncovered after Kruse contacted FOX 5 Atlanta, whose inquiry prompted the sheriff’s office to take another look at the footage. The video was shared on May 2, 2024, and it received approximately 1.4 million views, 14,000 likes, and over 6,900 comments.
2 minutes missing footage
Michael Kruse and his two sons were shopping at the Walmart on Browns Mill Road. They bought a few items, along with bags of sand. They left, but Walmart employees accused him of shoplifting. They checked surveillance and used it as probable cause to send officers after Kruse. The video showed Kruse walking in the store and walking out with the bags of sand. Kruse believed the mistake happened because Walmart security began reviewing the footage after the point where he had paid. Kruse explained to FOX 5, "The security guard had started the tape and started looking while we were at the sand. While we were looking for a cart to get the sand, she didn’t bother to go back an extra two minutes to see we were actually in line at the cash register."
Think before arresting
Bodycam footage from the officer showed that they reviewed the footage and issued a misdemeanor warrant based on it. Officers went to Kruse's home and arrested him. Furthermore, he told FOX 5 that the officers “rolled their eyes” when he offered to retrieve the receipt from inside his home. The Forsyth County Sheriff’s Office later told FOX 5 that Walmart agreed its accusations had been wrong. Walmart referred FOX 5’s request for comment back to the sheriff’s office. He elaborated, "A detective was immediately sent to Walmart that morning within minutes of the phone call. They reviewed the tapes and determined we purchased the sand from the cashier." Kruse concluded by saying, "When you take out a warrant for somebody’s arrest, you’ve got to be 100% sure. You have to realize what this is doing to that person."
Arrested on a hunch
Unfortunately, several shoppers have experienced wrongful arrests. A 2005 study by Shaun L. Gabbidon and Patricia A Patrick analyzed 220 U.S. cases dating from 1960 to 2001 in which shoppers alleged they had been falsely arrested for shoplifting. Researchers found that many of those disputes began after store personnel acted on what they described as unsubstantiated suspicions. The study does not represent shoplifting arrests generally, but it highlights the consequences that can follow when suspicions are acted on before the available evidence is fully checked.
In Kruse's case, they thought they had evidence, but actually missed a crucial part of the footage where he actually paid for the items. A similar dispute arose in Maryland in 2016, when Old Navy shopper Saudia Scott was detained by police after an employee had reported her as a suspected shoplifter. Court records say Scott paid for her purchases and the employee saw her do so but did not cancel the police call. In 2022, a federal appeals court ruled that a jury could potentially find in Scott’s favor on her false-imprisonment and negligence claims and sent those claims back for further proceedings.
Sue Walmart and the police
Netizens urged Kruse to sue Walmart and the police officers who arrested him. @lylecampbell9036 commented, "'There was a mistake.' It wasn't a mistake. Cop willfully refused to look at the receipt and instead rolled their eyes." @missbell247 added, "How about getting an attorney and suing Walmart and Sheriff for false imprisonment and defamation of character?"
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