A graphic video of the death of Anthony Kyser, a homeless shoplifter, allegedly at the hands of a CVS store manager, recently surfaced.
The grainy surveillance video (below) of the Little Village CVS in Chicago, Illinois was obtained from a source by DNAinfo.com, which posted the video online.
The May 8, 2010 video shows Kyser running in the alley with the store manager, Pedro Villanova, close behind him. There's a brief struggle before Kyser hits the pavement, with the Villanova on top of him.
Another man appears to punch and kick Kyser, while Villanova remains on top of Kyser. More bystanders join in, helping to hold Kyser down.
Police officers arrive minutes later and then an ambulance comes to the scene..
The Cook County Medical Examiner's Office ruled his death a homicide, which police ruled an accident. CVS has said that Villanova acted in self-defense after being attacked by Kyser.
Kyser's mother, Ann Marie Kyser, filed a lawsuit claiming that Villanova committed battery and that CVS is liable.
Through his attorney, Villanova admitted that he "held onto Anthony Kyser on the ground while defending himself after being struck," according to court records.
In a deposition, Villanova said: "As soon as I got hit by Mr. Kyser, that's when it went from I'm here trying to recover the product and he can leave to all of a sudden he just punched me, so now I need to defend myself."
In court filings, Villanova acknowledged his "arm came into contact with decedent Anthony Kyser's throat" and he heard Kyser say "I can't breathe."