Two adults are charged with murder after a man, 77, spoke up when a Walmart cart nearly hit his wife, his widow says

Travis White and Erika Mitchell now face second-degree murder charges following the death of 77-year-old Bert Atienza. The incident occurred inside a Walmart in Norfolk, Virginia, where the couple allegedly attacked the elderly man after he confronted their teenage daughter.

As reported by the NY Post, the situation started as a simple trip to the store. Bert Atienza and his wife of 42 years, Josephine, were finishing up some grocery shopping after attending church. According to Josephine, a 17-year-old employee working at the store maneuvered a shopping cart down the aisle in a way that nearly struck her. 

Bert Atienza was not one to stay quiet when he felt something was wrong. Josephine noted that he was a straightforward person who did not care who he was talking to if he saw behavior he did not like. He reportedly confronted the employee, telling her, “You almost hit my wife with your heavy cart, and you did not even say excuse me or apologize to her.”

He reportedly had heart problems 

A verbal argument followed this interaction. Josephine claimed that as they walked away, the teen employee threw a can toward them. The situation escalated rapidly when the teenager allegedly contacted her parents. 

Minutes later, White and Mitchell were inside the store hunting for the couple. Surveillance footage shows the pair cornering Bert Atienza while he was browsing a shelf. The video captures the moment White and Mitchell attacked him while their daughter watched.

Josephine described the scene as terrifying. She recalled that they crowded her husband before one of the adults struck him in the face. After he fell to the floor, the attackers continued to kick him despite her pleas to stop. She told them her husband had heart problems, but the assault persisted. Josephine was left holding her husband on the floor, an image later captured on video.

Bert Atienza remained conscious just long enough to speak to his wife. Josephine recounted, “My husband was still able to speak, he said, ‘Help me, get up,’ but I told him, ‘no you’re bleeding. Your mouth is bleeding. Ambulance is coming.” She then watched as he lost consciousness. He was transported to a hospital, where he died from blunt head trauma. Medical officials officially ruled his death a homicide.

The legal fallout has been significant. White, 44, and Mitchell, 42, were initially charged with malicious wounding by mob, aggravated malicious wounding, and conspiracy to commit a felony, as WAVY reports. Court records indicate these charges were upgraded to second-degree murder. 

They are currently being held in Norfolk jail without bond. Their attorney, James Broccoletti, has contested the severity of these charges. He argued that the incident was a spontaneous reaction to a distraught daughter calling for help. 

Broccoletti claimed, “They did not go there, intending for any of this to happen. It was an emotional situation. Their daughter called them. She was distraught. They went, as any parent would do, to try to make sure that their daughter was safe and then the situation kind of erupted. It was spontaneous almost.”

The teenager involved is reportedly no longer employed by the store. She has been charged with assault and battery, aggravated malicious wounding, and conspiracy to commit a felony. She is currently held at the Norfolk Juvenile Detention Center, though officials have not released her name due to her age.