Bert Atienza, 77, died after a June confrontation that his widow says began with a dispute involving a teenage employee and shopping cart.
NORFOLK, Va. — Two Norfolk adults face second-degree murder charges in the death of a 77-year-old Virginia Beach man who was assaulted inside a Walmart in June after what his widow described as a dispute involving a teenage store employee and a shopping cart.
Bert D. Atienza died June 8, one day after police were called to the Walmart at 1170 N. Military Highway for a reported assault. Norfolk police initially charged Erika Mitchell, 42, and Travis White, 44, with malicious wounding by mob, aggravated malicious wounding and conspiracy to commit a felony. By September, court records cited by WTKR showed that Mitchell and White had been charged with second-degree murder. Both were being held without bond.
Norfolk police said officers responded to the store on June 7 and found Atienza unresponsive. He was taken to a hospital and died the following day. The Medical Examiner’s Office determined that he died from blunt head trauma and ruled the manner of death a homicide, according to WTKR. A homicide ruling describes the circumstances of a death and does not by itself determine criminal responsibility.
The events leading to the assault have been described in greater detail by Atienza’s wife, Josephine Atienza, who spoke publicly about her husband’s death in September. She told WTKR that the couple had gone to the Walmart to buy groceries after attending church. She said a 17-year-old Walmart employee came close to hitting her with a cart and did not apologize. Her husband confronted the employee, and an argument followed, according to her account.
Josephine Atienza said the teenager threw a can toward the couple as they walked away, but it did not strike them. The couple continued shopping, she said. Minutes later, she said, the employee’s parents arrived and confronted her husband inside the store. Police have not publicly released the teenage suspect’s name because she is a minor.
Surveillance video obtained by WTKR shows an assault taking place inside the store. Josephine Atienza told the station that her husband was struck and fell to the floor. She said the assault continued after he went down and that she pleaded for it to stop. The available reporting does not establish every action by each defendant, and the allegations against Mitchell, White and the teenager remain subject to the court process.
Josephine Atienza said her husband was initially able to speak after the assault but then lost consciousness as they waited for emergency help. She described holding him while other shoppers offered assistance. First responders later transported him to a hospital. Police announced his death and the initial charges against the three defendants on June 9.
The 17-year-old employee was charged with assault and battery, aggravated malicious wounding and conspiracy to commit a felony, according to Norfolk police. She was being held at the Norfolk Juvenile Detention Center after the initial investigation. Walmart later told WTKR that the teenager no longer worked for the company and said the retailer would continue cooperating with law enforcement.
Defense attorney James Broccoletti, who represents White, disputed the prosecution’s view of the case. He told WTKR that the confrontation was not planned and described the situation as an emotional encounter that escalated after the teenager contacted her parents. Broccoletti argued that the evidence against his client supported an assault allegation rather than conduct that should result in a murder conviction. The charges have not been adjudicated, and White and Mitchell are presumed innocent unless proven guilty.
The case drew renewed attention in September after Josephine Atienza publicly described the June encounter and its impact on her family. She said she and her husband had been married for 42 years and had plans to spend their retirement in the Philippines, where they had met decades earlier. She told WTKR that their son had lost his father and that she continued to struggle with the loss.
Norfolk police have described the case as a homicide investigation, while the criminal proceedings involving Mitchell and White remain pending. The publicly available reports reviewed for this story did not identify a trial date or final disposition for the adult defendants or the juvenile case.
Author note: Last updated September 19, 2026.