NORFOLK, Va. — A witness said she captured video of an argument inside a Norfolk Walmart minutes before a 77-year-old man was attacked by the parents of a store employee — an assault that left him dead the next day.
In the video, the witness said you can hear the employee yelling at Bert Atienza who then points and yells back at her, then walks away with his wife.
A witness, who asked not to be identified for safety concerns, told News 3 she recorded the footage after hearing a Walmart employee yelling.
Watch: Video from inside Walmart before fatal encounter
"She was fussing with the man while she was on the phone with her daddy," the witness said.
The witness said the employee, who was 17 years old at the time, was on the phone during the confrontation telling him what aisle she was in and describing what Bert Atienza was wearing.
"He's got a red shirt on. She pointed out to her daddy everything the man had on before her dad and them walked in," the witness said.
In the video, you can hear the person apologizing for cursing, then saying, "This is the second time walking in my face." She then said he walked in my face twice.
The incident unfolded inside the Walmart on North Military Highway on June 7. The witness, who was with her two kids, said the yelling made her uncomfortable.
"I was nervous. I kept my kids in the aisle until we were able to pass. Once we seen the daddy and them come in – that's when I grabbed my kids and walked out the store," the witness said.
She did not witness what happened minutes later. Court video obtained by the WTKR News 3 Investigative Team show the teen's parents entered the Walmart and attacked Bert Atienza. It appears he is hit and kicked while on the ground.
Watch: Deadly encounter inside Walmart
He died at the hospital the following day. The medical examiner's office ruled the death a homicide, citing blunt head trauma.
Erika Mitchell, 42, and Travis White, 44, were arrested for second-degree murder.
The teenage employee was initially arrested for aggravated malicious wounding, assault and battery, and conspiracy to commit a felony.
Those charges were later changed to involuntary manslaughter.
Atienza's wife, Josephine Atienza, spoke exclusively to News 3 about what led to the attack.
The couple had stopped at the Walmart after church to go grocery shopping.
She said her husband got upset when the employee walked very closely to her in the aisle with a cart.
"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 the employee threw a can at them as they walked away, but it did not hit them.
They continued shopping.
Minutes later, the teen's parents arrived.
"They came all at the same time and there are no words," Josephine said. "They crowd 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.
Watch: Josephine Atienza mourns husband who died after Walmart fight
"While he's on the floor, they're still kicking him and I told them stop. My husband has heart problems," Josephine said.
Video obtained by the News 3 through court shows Josephine holding her husband in her arms.
She said other customers asked if they could 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 conscience."
Bert Atienza was taken to the hospital and died the next day of blunt force trauma.
Both parents are being held without bond.
The case has gotten international attention.
Defense attorney James Broccoletti is representing Travis White and said his office has received threats from people across the country for simply doing his job and representing White.
He said everyone deserves a fair trial which is what our country's constitution is based on.
"Nobody planned to go over there and to kill this man. No one had that intent in their heart and in their mind at the time that they went over there," Broccoletti said. "Under the facts of this case, we don't believe that murder is the appropriate charge. Ultimately, that's going to be for a judge or for a jury to determine. But I am an advocate for my client. I have an ethical and professional responsibility to be an advocate for my client and one shouldn't take any of that as any sign of disrespect for the tragic circumstances that happened to this man and his family."
"They did not go there, intending for any of this to happen. It was an emotional situation. Their daughter called them. She was distraught," Broccoletti said.
Mitchell's attorney said no comment.
The witness said other shoppers reacted in different ways during the initial confrontation.
"Everybody was looking, some people kept shopping. Other people just stood there watching or whatever the case is. Nobody intervened or whatever," the witness said. She said she was shocked by the lack of people intervening.
A Walmart representative told News 3 said the employee is no longer working for the company, that Walmart will continue to work with law enforcement during the investigation and said there is no further comment regarding the matter.
The witness said the screaming and violence were unnecessary.
"It was definitely excessive. I feel like a conversation could've been held. Nobody had to come and be physical. Nobody had to beat on that old man," the witness said. "It's just sad that she lost her partner. Nobody thinks I'm going to go to Walmart and lose my partner."
Josephine Atienza described her husband as a straightforward person who was not afraid to speak up.
Investigations
Norfolk widow speaks out after husband killed in Walmart assault
"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.
"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.
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 being by myself now," Josephine said. "There is an anger and bitterness in me if only I could turn back time."
