“We were going to retire in the Philippines”: Fil-Am family’s heartbreaking loss

A 77-year-old Filipino-American man who was born in the Philippines died after a violent confrontation inside a Walmart in Norfolk, with two adults now facing second-degree murder charges.

Bert Atienza, a longtime Virginia Beach resident who was born in Malabon City, Philippines, died on June 8, one day after he was assaulted while shopping with his wife at the Walmart at 1170 N. Military Highway. His obituary identifies his birthplace as Malabon City.

Norfolk Police said officers responded to the store on June 7 and found Atienza unresponsive. He was transported to a hospital, where he died the following day. The Virginia medical examiner later determined that Atienza died from blunt-force head trauma and ruled his death a homicide.

The case has since escalated from the initial assault-related charges.

According to court records cited in the latest Scripps News reporting, Erika Mitchell, 42, and Travis White, 44, are now charged with second-degree murder. Both remain jailed without bond.

Police initially charged Mitchell and White with malicious wounding by mob, aggravated malicious wounding and conspiracy to commit a felony.

A 17-year-old Walmart employee separately faces assault and battery, aggravated malicious wounding and conspiracy charges.

The charges remain allegations, and the defendants are presumed innocent unless proven guilty in court.

Atienza's wife of 42 years, Josephine Atienza, recently spoke publicly about what she said happened before her husband's death.

Josephine said the couple had attended church and stopped at Walmart for groceries when a confrontation developed with the teenage employee after the employee allegedly nearly struck Josephine with a cart without apologizing. She said Bert confronted the employee about the incident.

According to Josephine, words were exchanged and the employee later allegedly threw a can toward the couple as they walked away, but it did not strike them.

Minutes later, Josephine said the teenager's parents arrived at the store and confronted Bert.

Surveillance video reviewed by WTKR reportedly shows Atienza being assaulted inside the store. Josephine said her husband fell to the floor and continued to be struck while she pleaded for the attack to stop.

An attorney representing White has disputed the prosecution's characterization of the incident.

Defense attorney James Broccoletti told Scripps News that the confrontation was not premeditated and argued that the evidence supports an assault rather than murder. That remains the defense's position; prosecutors will have to prove the murder charge in court.

The killing also ended plans Bert and Josephine had made for their retirement.

Josephine said she first met Bert decades ago while she worked as a bank teller and he worked as an accountant in the Philippines. After 42 years of marriage, the couple had been planning to return to the Philippines for retirement and spend their senior years with family.

Walmart told Scripps News that the teenage employee involved in the incident no longer works for the company and that Walmart continues to cooperate with law enforcement.

As of September 18, Mitchell and White face second-degree murder charges, while the juvenile defendant faces separate assault-related and conspiracy charges. The criminal proceedings remain pending.