Bert Atienza, 77, died after he was assaulted inside a Walmart in Norfolk. His wife, Josephine Atienza, is speaking exclusively to News 3 about the attack that killed her husband of 42 years.
Officers responded to a reported assault at the Walmart at 1170 North Military Highway on June 7 around 3:20 p.m. Bert was found unresponsive at the scene and died from his injuries at the hospital the next day.
42-year-old Erika Mitchell and 44-year-old Travis White have been charged with second-degree murder, according to court records. Both are being held without bond.
A 17-year-old Walmart employee also faces charges for assault and battery, aggravated malicious wounding, and conspiracy to commit a felony, according to police.
The Medical Examiner's Office said the cause of death was blunt head trauma and manner of death was homicide.
Josephine Atienza said the couple had stopped at Walmart on North Military Highway after church that Sunday to go grocery shopping. She said Bert got into an argument with a 17-year-old Walmart employee after she said the employee nearly struck Josephine with a cart without apologizing.
"He said, 'You almost hit my wife with your heavy cart, and you did not even say excuse me or apologize to her,'" Josephine said.
She said words were exchanged and then the employee threw a can at them as they walked away, but it did not hit them. The couple continued shopping. Minutes later, she said the employee's parents arrived at the store and confronted Bert.
"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 said.
Surveillance video shows Bert, who was wearing red, being assaulted inside the store.
"While he's on the floor, they're still kicking him and I told them stop. My husband has heart problems," Josephine said.
She said she held her husband in her arms as other customers offered to help.
"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," Josephine said. "I look at him again. He has no more consciousness."
Defense Attorney James Broccoletti represents White, said the situation was not premeditated.
"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," Broccoletti said. "We think that the evidence establishes at best an assault because they punched the gentleman, there is some evidence my client may have kicked him, but that's simple assault, that's a misdemeanor. There is nothing that goes further than that, that indicates that there was any chance or likelihood or probability that this man would die as a result of this."
Josephine described her husband as someone who was direct and unafraid to speak his mind.
"If he sees things that he doesn't like, he will tell it to you straightforward. That's how it is. He doesn't care who you are," Josephine said.
The couple met decades ago when she was a bank teller, and he was an accountant in the Philippines. She said they had planned to retire there together.
"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," Josephine said.
Now, she said she is haunted by the violence and wants justice.
"I lost a husband of 42 years, and my son lost a father. As each day passes by, I feel the pain of loneliness about being by myself now. There is an anger and bitterness in me. If only I could turn back time," Josephine said.
A representative from Walmart said the employee is no longer working for the company, they will continue to work with law enforcement and have no further comment regarding the matter.
