Joshua Merkel is suing Albertsons supermarket and cashier Matthew "Deme" Cooper, demanding 10,000 USD to cover medical costs and emotional distress following a failed theft in 2024.

Albertsons is accused of improper hiring and training of its staff. Merkel claims he suffered numerous injuries, including bruises, scratches, muscle strain or tears, headaches, facial and jaw fractures, among other ailments.

The civil lawsuit was filed on 2/3 in a Multnomah County court, months after Albertsons employee Cooper was acquitted of second-degree assault in a criminal case.

"I understand I committed a crime. I shouldn't have done it; it wouldn't have happened if I wasn't hungry and stealing. But things went too far," Merkel stated during the earlier criminal trial.

Supermarket employee confronts shoplifter

According to testimony, Merkel had money in his pocket but no intention of paying when he loaded items into a shopping cart at the Albertsons on Beaverton-Hillsdale Highway in Oregon around 10 p.m. on 4/3/2024.

Merkel testified that he told his girlfriend to choose anything she liked as they walked through the aisles. Ultimately, they took deli meat, salad dressing, frozen sausages, enchiladas, and a package of cream-filled cookies.

Merkel's girlfriend, Jennifer York, left the supermarket and returned to her Ford, which was parked in a handicapped spot near the entrance. After signing a non-prosecution agreement, the 44-year-old woman stated she did not know what was about to happen.

Merkel exited without paying, pushing the shopping cart out when he heard a shout: "I'm fed up with you stealing from my store!"

Prosecutors argued that Cooper, 31, the only employee working the checkout at that hour, chased Merkel, 45, across the supermarket parking lot.

Surveillance video, without audio, shows Cooper swinging forcefully at Merkel. The rest of the altercation occurred out of camera view, with a passerby stomping their feet repeatedly and another raising a hand to their forehead, seemingly in disbelief. The abandoned shopping cart rolled downhill.

According to Merkel's account, Cooper kicked the Ford's door shut, tackled him to the ground, and kicked him in the face at least 5 times. Merkel then managed to get into the car, and his girlfriend drove away.

"I absolutely did not want to fight. I just wanted some food," Merkel told the court.

Joshua Merkel was injured after being stopped by a supermarket employee, who swung and punched him for pushing a shopping cart out without paying.

Cooper did not testify, but a police officer stated that the employee called 911 that night, saying he struggled for the shopping cart in a state of extreme distress.

The following evening, Merkel went to the emergency room, where he was treated for a fractured jaw and a bruised eye.

Cooper faced nearly 6 years in prison on the second-degree assault charge.

During the criminal proceedings, Cooper's defense lawyer, Jason Steen, severely criticized Merkel's credibility, suggesting the shoplifter's true motive was to trade expensive items, including a package of T-bone steaks, for crystal methamphetamine.

"In Portland, we have a very good social safety net for people who are hungry or starving. Mr. Merkel was not interested in those things. He was only hungry for crystal meth," Steen said.

Merkel admitted to infrequent drug use over about 10 years but denied any motive other than obtaining food.

Prosecutors argued that Merkel was not the one on trial; the assault was proven by surveillance video and the testimony of two emergency room doctors. "This case is not about whether the victim is good or bad. This case is about whether the defendant's actions constituted a crime," prosecutor Katherine Williams stated.

The jury deliberated for less than two hours and acquitted Cooper in 9/2025.

Merkel was charged in 10/2024 with a misdemeanor count of third-degree theft, but that case remains unresolved.

Merkel's newly filed civil lawsuit has no trial date set. The court clerk noted that the case is eligible for resolution through arbitration.

Retail shoplifting incidents rise

Retailers in Portland have reported a surge in shoplifting incidents over the past 5 years. According to annual crime statistics from the Portland Police Bureau, city police recorded nearly 3,000 incidents classified as shoplifting in 2020. By 2025, this number had soared to over 10,300 incidents. However, police suggest the 240% increase is partly due to improved data recording.

Nonetheless, many retailers, both large and small, have closed in recent years, attributing their decisions to petty theft.

Mac McKnight, an expert in use-of-force and security training, advises that employees should not attempt to protect merchandise from shoplifters. "If you can't win, don't intervene. If your job is to check merchandise, just do that. If security is needed, hire professionals," McKnight recommended.

The Albertsons branch on Beaverton-Hillsdale Road permanently closed in 7/2025.

Tue Anh (according to Oregon Live, KOIN)