2 officers disciplined for use of force over $5 pizza during Walmart receipt check

KANSAS CITY, Kan. (KCTV/Gray News) – Two police officers in Kansas are being criticized for using what many say was excessive force over a $5 frozen pizza during a receipt check at a Walmart in Kansas City.

The incident happened June 1 near the entrance of the Walmart.

Dayton Borisouth, 24, was held down with a knee on his neck over a receipt check for a $5 frozen pizza, video shows.

Borisouth said he had bought a frozen pizza at self-checkout and skipped bagging it to avoid being wasteful. As he was exiting the store, an officer asked him if he had his receipt.

Borisouth said he paid for the pizza and had the receipt but initially wouldn’t show his receipt to the police officer because he believed he wasn’t legally required to do so.

“He said, ‘Got your receipt?’” Borisouth recounted. “And I answered. I said, ‘Yes.’ And then I just kept walking.”

In the reflection of the sliding glass door, he then saw the officer approaching him from behind with urgency.

“I shook my head no, and said, ‘Stop chasing me. You don’t have the right to detain me. I didn’t break any laws,’ and then he pinned me in the corner where the claw machine was,” Borisouth continued.

Borisouth said after the officer pushed him against the wall, he told the officer, “I have the receipt. It’s in my pocket.”

“And as I was pulling it out of my pocket, he’s like, ‘Stop reaching in your pocket. Stop reaching your pockets,’ like I had a weapon,” Borisouth said. “But whenever it first started, I cleared it up with him immediately. I was like, ‘I have one weapon on me. And it’s not a weapon.’ I was like, ‘It’s my work blade and I do not intend to use it.’ I let him know that immediately.”

A video of the rest of the interaction went viral on TikTok, recorded by Borisouth’s uncle Christopher Enloe.

The officer takes Borisouth to the ground, while a second officer approaches them. Borisouth repeatedly tells them he has the receipt to prove he paid for the pizza.

Borisouth’s arms were up and under his forehead instead of behind his back because he said he was afraid his head would be slammed on the ground. The second officer grabs Borisouth by the hair and is heard saying, “I’m going to break your nose.”

The second officer then puts a knee on Borisouth’s neck as he begins screaming. A third officer approaches and holds Borisouth’s legs down as he is handcuffed.

“There needs to be at least a suspension, at least, because that’s serious,” Borisouth said of the knee on his neck. “George Floyd died from that.”

When Borisouth is lifted to his feet, you can see what appears to be a receipt laying on the ground.

Another Walmart shopper is seen picking the receipt up off the ground and handing it to one of the officers as Borisouth is whisked away.

Borisouth said he was detained for an hour in a police car, then was told he was being released because the receipt was valid and proved he paid for the pizza. However, he was told he was getting a summons to appear in court for refusing to comply with commands.

The incident was reported to the Kansas City Police Department’s internal affairs department on June 3. On June 12, police announced they had finished their internal investigation.

The first officer who stopped Borisouth for a receipt check was off-duty and working as a security guard for Walmart.

In part, the police department said, “The off-duty officer observed the individual walking towards the exit with unbagged merchandise. When requested to present his receipt, the individual refused, became belligerent and continued out the door despite the officer’s verbal commands. It is our determination that the officer should have disengaged at that time due to the circumstances.”

The department went on to say that one of the responding officers employed techniques that are “not approved, nor trained, by the department.”

“Due to these findings, both officers have been disciplined consistent with policy and will undergo additional training to ensure future compliance,” police said. The department did not clarify what those disciplinary actions are.

The failure to comply charge against Borisouth has been dismissed.

“It makes me feel a little bit better that they’re starting to realize that I’m not a criminal,” Borisouth said of the police statement. “I was just trying to buy a pizza for my family to eat. No matter what, this is going to stick with me for the rest of my life. I’m probably always going to be scared of cops now and fearing for my daughter and my son and what they’re going to have to go through as they get older.”

Borisouth said he believes the officer singled him out for a receipt check because he was shirtless and has blue hair.

He said he has contacted a lawyer and plans to sue. He said his wrist was injured in the incident.

There have been numerous lawsuits related to detaining people after receipt checks at Walmart. Just last week, according to Business Insider, one of those concluded with Walmart being found not liable for the false imprisonment of the shopper.

The article clarifies what customers should know about receipt checks.

“While shoppers are not legally required to show receipts, a customer’s refusal to show their receipt could give a store probable cause to detain them, previous cases have determined,” it states.