CVS Shoplifter Choked to Death in Grisly Video: Security Footage Surfaces as New Evidence in 2010 Case of "Self Defense" (Video)

WARNING: VIOLENT CONTENT

A video has surfaced of a homeless man being choked to death by the manager of a CVS for stealing toothpaste.

The security camera footage shows a confrontation between Anthony Kyser and store manager Pedro Villanova behind the drugstore in 2010.

The two appear to argue, then fall to the ground with Villanova on top of Kyser, with Villanova's hands around Kyser's throat.

For several long minutes, Kyser struggles, but Villanova doesn't release him. Another man appears to kick Kyser in the head, and bystanders come and go. When paramedics arrived, they were unable to revive Kyser.

No charges were files, and police rules the death an accident.

"The video was reviewed by detectives as part of their investigation at the time," Chicago Police Department spokeswoman Lt. Maureen Biggane said. "It was determined that criminal charges were not warranted."

Villanova claimed he was acting in self defense. "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."

That may change with the new video.

"The video shows that Anthony Kyser was being choked by the CVS store manager and that no one did anything to help," said Jack Kennedy, an attorney representing Kyser's mother.

"I think it's appalling that CVS maintains that an employee can choke someone to death if they steal from a CVS store," he said.

Kyser's family has some influential allies. Chicago Democratic Representative Bobby Rush tried to intervene on Kyser's side in the initial investigation, to no avail. Now he hopes the video will provide the evidence required to reopen the case.

"This videotape presents an undeniable moment where his life was snatched from him," said Rush. "Thank God for the videotape."

"The store manager who killed him is walking around today free as a bird," he said. "Anthony Kyser is crying from his grave for justice."