A 31-year-old man had been indicted on a charge of manslaughter in connection with the death of a man following a fight over an alleged shoplifting at a Tucson convenience store, court records show.

The brawl happened about 4:15 a.m. Nov. 21 when Andrew Anaya intervened during an alleged shoplifting incident at a convenience store on North First Avenue near East Limberlost Drive, Tucson police say.

In it, Emery Kirk, 46, allegedly went behind the check-out counter and began grabbing packs of cigarettes to steal.

On his way out, Kirk and Anaya began to fight and Kirk lost consciousness, police have said.

Anaya then called 911.

Kirk died at the hospital the following day.

Anaya has pleaded not guilty, court records show. He was released on his own recognizance to pre-trial services.

Anaya is set to appear in court Jan. 22 for a pretrial conference, records show.


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