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The Importance of Proper Training: Lessons from a Tragic Incident at Lowe’s

9/26/2024

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SUMMARY: ​The DYOJO Podcast discusses a $200 million wrongful death trial in Oregon over the fatal shooting of Freddie Nelson Jr. in a Lowe's parking lot by a security guard, Logan Gimble, who is now serving life for second-degree murder. Nelson had a verbal altercation with a Lowe's employee over pallets, despite having permission from store staff. Gimble, who was not authorized to carry a firearm, pepper-sprayed Nelson and his wife before shooting him. The trial involves the property management firm TMT and the security company Cornerstone, with arguments centering on de-escalation training and the high crime area of the parking lot.
In recent years, many contractors have likely noticed heightened security measures at home improvement stores like Home Depot and Lowe's. It’s becoming more common to see tools locked up and armed security personnel present. This shift raises an important question: What happens when an altercation involving security personnel escalates, leading to the use of force?

A tragic case from Oregon offers a sobering example of what can go wrong when security protocols and training fall short. The incident, now at the center of a $200 million wrongful death lawsuit, involves the fatal shooting of Freddy Nelson Jr. in a Lowe's parking lot in North Portland.

The Incident

On May 29, 2021, Freddy Nelson Jr. was shot and killed by Logan Gimbel, a private security guard employed by Cornerstone, the firm contracted to provide security at the Lowe's location. Nelson had an arrangement with a Lowe’s employee to collect and recycle broken pallets, but the property management company, TMT, had implemented a strict "zero tolerance" policy for any unauthorized activity on the premises.

On the day of the incident, Nelson was in the parking lot to pick up pallets when Gimbel confronted him. The altercation quickly escalated. Gimbel pepper-sprayed Nelson and his wife, who was in the truck with him, and then fired four fatal shots through the windshield of Nelson’s vehicle as he attempted to drive away. Gimbel, now serving a life sentence for second-degree murder, was later found to be carrying a firearm he was not legally allowed to have as a security guard.

The Civil Lawsuit

Kari Nelson, Freddy’s widow, is now suing both TMT and Cornerstone, seeking $200 million in damages. Her attorney, Tom D’Amore, argues that the shooting could have been avoided if Cornerstone had provided better de-escalation training to its security personnel. He asserts that Gimbel's actions were unnecessary and that Cornerstone’s lack of proper supervision and training led to Nelson’s death.

On the defense side, the case is complex. TMT’s attorney, Sharon Collier, acknowledged the tragedy but placed the blame on Cornerstone, claiming the security company did not follow TMT’s instructions to avoid engaging with Nelson. She explained that the Lowe's location was in a high-crime area known for drug activity and gang violence, which is why they hired Cornerstone in the first place.

On the other hand, Cornerstone’s attorney, CJ Martin, admitted the company’s negligence but pointed out that Gimbel had passed all necessary background checks and training programs. She emphasized that Oregon law requires security personnel to prioritize de-escalation whenever possible, which she argues was not adequately considered under TMT’s zero tolerance policy.

Lessons for Contractors and Business Owners

For contractors and business owners, this case highlights several critical lessons when it comes to security on job sites and other properties.

1. Clear Communication and Policies: When property owners and contractors hire security companies, it’s essential to ensure there’s a clear understanding of policies and procedures. In this case, the lack of communication between TMT and Cornerstone regarding their handling of Nelson created confusion that may have contributed to the tragedy.

2. Proper Training for Security Personnel: The most important takeaway is the need for comprehensive, ongoing training in de-escalation techniques for security guards. Gimbel’s actions underscore what can happen when a situation is mishandled, leading to fatal consequences. If Cornerstone had provided better training, or if Gimbel had adhered to a de-escalation protocol, Nelson might still be alive today.

3. Liability and Risk Management: This case serves as a reminder that liability doesn’t just fall on the individual responsible for the incident—it can also extend to the companies that hired and trained them. Contractors, business owners, and property managers must vet the security firms they work with carefully, ensuring that proper safeguards and training programs are in place to prevent unnecessary escalation.

4. Balancing Security Needs and Safety: Finally, it’s essential to strike a balance between protecting property from theft and ensuring that security measures don’t endanger the safety of individuals. While security is crucial in areas with high crime, the policies and procedures guiding that security must prioritize the safety of everyone involved.

Closing Thoughts 

The tragic death of Freddy Nelson Jr. is a sobering reminder of the importance of clear security protocols and proper training. As contractors and business owners continue to navigate the complexities of maintaining secure job sites, this case offers an important lesson in ensuring that those tasked with enforcing security are adequately trained to handle situations without resorting to unnecessary force. 

As the trial continues, it will be interesting to see how the jury weighs the arguments and assigns responsibility. What’s certain, however, is that this case will have lasting implications for how security companies and their clients handle risk, liability, and training moving forward. 

For those working in industries that rely on security partnerships, this case emphasizes the importance of making sure everyone understands their role and how to safely resolve conflicts before they turn tragic.

Sources: 

Video - KPTV Fox 12 - https://www.youtube.com/watch?v=DouSndVI4gI
Article - CVN - https://blog.cvn.com/25m-trial-over-fatal-shooting-in-lowes-parking-lot-begins-watch-gavel-to-gavel-via-cvn 

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