Elderly Walmart Customer Killed by Parents of Teen Employee After Shopping Cart Dispute

A 77-year-old Virginia man died after a shopping trip with his wife turned into a deadly confrontation inside a Walmart — and the parents of a teenage employee are now facing murder charges.

Bert D. Atienza, of Virginia Beach, was assaulted June 7 inside the Walmart at 1170 N. Military Highway in Norfolk, according to Norfolk Police. Officers responding around 3:50 p.m. found Atienza unresponsive, and he was rushed to a hospital. He died from his injuries the following day.

The Virginia Office of the Chief Medical Examiner later determined that Atienza died from blunt head trauma and ruled his death a homicide.

His widow, Josephine Atienza, has now spoken publicly about the terrifying encounter, telling WTKR that the couple had stopped at Walmart to buy groceries after attending church.

Josephine said the trouble began when a 17-year-old Walmart employee came down an aisle with a cart and nearly struck her.

According to Josephine, her husband confronted the teen about what had happened and questioned why she had not apologized. She said the exchange became heated and that the employee threw a can toward them as the couple walked away, though it did not hit them.

The Atienzas continued shopping.

Minutes later, Josephine said, the teen’s parents arrived at the store and confronted Bert.

Surveillance footage obtained by WTKR appears to show two adults approaching Atienza in an aisle before a physical altercation breaks out. The 77-year-old can be seen falling to the floor during the encounter.

The video can be viewed here: WTKR surveillance footage and report

Josephine said one of the adults punched her husband in the face and that he was attacked after falling.

“They crowded my husband,” she told WTKR, recalling that she pleaded with them to stop and warned that Bert had heart problems.

The moments afterward were even more devastating.

Josephine said Bert was initially able to speak and asked her to help him get up. She refused because he was bleeding and told him an ambulance was coming.

A short time later, she realized he was no longer conscious.

Police identified the two adults as Erika Mitchell, 42, and Travis White, 44, both of Norfolk.

When Norfolk Police first announced arrests in the case on June 9, Mitchell and White were charged with malicious wounding by mob, aggravated malicious wounding and conspiracy to commit a felony. Both were ordered held in the Norfolk City Jail without bond.

Court records cited by WTKR now show both adults are also charged with second-degree murder. They remain behind bars without bond.

The 17-year-old employee was also charged with assault and battery, aggravated malicious wounding and conspiracy to commit a felony, according to Norfolk Police. Because she is a juvenile, authorities have not publicly released her name. She was being held at the Norfolk Juvenile Detention Center.

Walmart has said the teenager is no longer employed by the company and that the retailer is cooperating with investigators.

An attorney for the adults has pushed back against the murder case, arguing that the confrontation was not planned.

Defense attorney James Broccoletti told WTKR that the parents went to the store after receiving a distressed call from their daughter and argued that the confrontation developed spontaneously rather than as part of a premeditated attack.

That distinction could become a major issue as the case moves through court.

Under Virginia law, second-degree murder generally covers murders that do not meet the statutory definitions for aggravated or first-degree murder. A conviction carries a possible prison sentence of five to 40 years.

The charges remain allegations, and Mitchell and White have not been convicted.

For Josephine, however, the case is about far more than legal definitions.

She and Bert had been married for 42 years.

“I lost a husband of 42 years, and my son lost a father,” she told WTKR, describing the loneliness and anger she has struggled with since his death.