Elderly Man Dies After Walmart Altercation, Two Charged with Murder
A 77-year-old man died from blunt force trauma following an incident at a Virginia Walmart, where a 17-year-old employee's parents have been charged with his murder.
An elderly man has died following a physical altercation at a Virginia Walmart store, an incident that has led to murder charges against two individuals. Bert Atienza, 77, passed away on June 8, a day after he was assaulted inside the Walmart on North Military Highway in Norfolk.
Court records indicate that Erika Mitchell, 42, and Travis White, 44, face charges of second-degree murder. Both are being held without bond. A 17-year-old Walmart employee also faces charges including assault and battery, aggravated malicious wounding, and conspiracy to commit a felony in connection with the incident.
According to Josephine Atienza, Bert's wife of 42 years, the confrontation began on June 7 after she and her husband returned from church. Bert Atienza reportedly approached the teenage employee after the employee nearly struck Josephine with a shopping cart and failed to apologize.
"You almost hit my wife with your heavy cart, and you did not even say excuse me or apologize to her," Josephine recalled her husband saying. Following an exchange of words, the employee allegedly threw a can at the couple as they walked away. Shortly thereafter, Josephine stated, the employee's parents arrived at the store and confronted Bert Atienza.
"They crowded my husband, one of the adults hit him in the face. He fell down on the floor. I was terrified. I don't know what's going on," Josephine told News 3. She described how, while her husband was on the floor, the attackers continued to assault him, despite her pleas to stop, mentioning his heart condition.
Surveillance footage reportedly shows Atienza being pushed against a shelf and then being hit and kicked as he fell to the ground. His wife stated that he was able to speak initially, saying "help me, get up," but then lost consciousness. He was transported to a local hospital where he died from blunt head trauma, which the Medical Examiner's Office ruled a homicide.
Attorneys for Travis White stated that the situation was not premeditated, describing it as an emotional and spontaneous event that erupted after the employee's daughter called her parents in distress. They believe the evidence points to at most a simple assault, a misdemeanor.
Josephine Atienza shared that she and Bert met in the Philippines decades ago and had planned to retire there. "We had many plans in our senior years. We were planning to go home to the Philippines to retire and to be with his family, but now shattered," she said. "I lost a husband of 42 years, and my son lost a father."
Walmart confirmed to News 3 that the 17-year-old employee involved in the incident is no longer with the company and that the store is cooperating with law enforcement.