Bert Atienza, 77, died a day after a June assault that followed an argument involving a teen employee and shopping cart.
NORFOLK, Va. — Two Norfolk adults face second-degree murder charges in the death of 77-year-old Bert D. Atienza, who died after an assault inside a Walmart in June, according to court records and local reporting.
Atienza, of Virginia Beach, died June 8, one day after Norfolk police were called to the Walmart at 1170 N. Military Highway for a reported assault. Police initially charged Erika Mitchell, 42, and Travis White, 44, with malicious wounding by mob, aggravated malicious wounding and conspiracy to commit a felony. Court records later showed both adults facing second-degree murder charges. They were being held without bond, according to reporting by Scripps News Group.
Norfolk police said officers were called to the store around 3:50 p.m. June 7 and found Atienza unresponsive. He was taken to a hospital and died the following day. The Virginia Office of the Chief Medical Examiner determined that Atienza died from blunt head trauma and ruled his death a homicide, according to local reporting. A homicide ruling describes how a death occurred and does not by itself establish criminal guilt.
Atienza’s wife, Josephine Atienza, later told Scripps News Group that the couple had stopped at Walmart to buy groceries after attending church. She said a 17-year-old store employee nearly struck her with a shopping cart and did not apologize. Bert Atienza confronted the employee, and an argument followed, according to his wife’s account. Josephine Atienza said the teenager then threw a can toward the couple as they walked away, but the can did not hit them.
The couple continued shopping, Josephine Atienza said. Minutes later, she said, the teenager’s parents arrived at the store and confronted her husband. Surveillance video obtained by local television station WTKR showed an assault taking place in a store aisle. Josephine Atienza said her husband was struck, fell to the floor and was attacked after he went down. Police have not released a detailed public account assigning every action shown in the encounter to each defendant.
Josephine Atienza said she remained with her husband as other shoppers offered assistance. She said he was briefly able to speak after the assault but then lost consciousness while emergency help was being summoned. “I lost a husband of 42 years, and my son lost a father,” she told Scripps News Group. She said the couple had planned to spend their retirement in the Philippines, where they had met decades earlier.
Police also charged the 17-year-old girl with assault and battery, aggravated malicious wounding and conspiracy to commit a felony. In their June 9 announcement, authorities said she was being held at the Norfolk Juvenile Detention Center. Walmart later said the teenager no longer worked for the company and that the retailer would continue cooperating with law enforcement. Public reporting reviewed for this story did not establish a later disposition of the juvenile case.
James Broccoletti, an attorney representing White, disputed the prosecution’s characterization of his client’s conduct. He told Scripps News Group that the confrontation had not been planned and called it “an emotional situation.” Broccoletti argued that the evidence supported an assault allegation rather than criminal responsibility for Atienza’s death. The defense position remains contested by the charges filed in court, and the allegations against White and Mitchell have not been adjudicated.
The criminal proceedings against Mitchell and White remain pending. Available public reports did not identify a trial date or final disposition as of Sept. 20. Both defendants are presumed innocent unless proven guilty, and authorities have not publicly announced a final resolution of the juvenile proceedings.
Author note: Last updated September 20, 2026.