Walmart worker’s parents charged for beating old man to death after he asked daughter to apologize for nearly hitting his wife with cart

77-year-old Bert Atienza was pronounced dead from blunt head trauma two days after the attack, according to WTKR. Atienza and his wife, Josephine, had been married for 42 years and were grocery shopping after attending church when the incident occurred.

Josephine told the outlet that her husband confronted the 17-year-old employee after the teen nearly hit her with a shopping 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 explained. “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.”

The employee and Atienza argued before the teenager allegedly threw a can at the couple as they walked away. She then called her parents, Travis White and Erika Mitchell, who went to the store. When they arrived, they shoved Atienza from behind before grabbing and punching him. He fell to the ground, where he was then kicked.

“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. “While he’s on the floor, they’re still kicking him and I told them stop. My husband has heart problems.”

Josephine said her husband asked for help as she held him while he lay bleeding on the floor. He was then taken to the hospital where he eventually died.

Officers ruled his death a homicide, and White and Mitchell were arrested. The two were charged with malicious wounding by mob, aggravated malicious wounding, and conspiracy to commit a felony. The charges were later upgraded to second-degree murder, according to the New York Post.

An attorney for the parents argued that they were defending their daughter and the attack 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,” claimed attorney James Broccoletti. “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.”