Milwaukee DA: No charges filed in El Rey grocery store double homicide

Milwaukee DA: No charges filed in El Rey grocery store double homicide

MILWAUKEE (CBS 58) -- No charges will be filed in the double homicide that occurred at El Rey grocery store July 9, according to the Milwaukee County District Attorney's Office.

Anthony Nolden and Luis Lorenzo were killedin the shooting.

The DA's Office says on the date of the incident, Anthony Nolden was employed as a security guard by Marshall Public Safety and working at El Rey grocery store on S. Cesar Chavez Drive.

Luis Lorenzo entered the store carrying a shoulder bag, which is contrary to store policy prohibiting bags in the store due to thefts. It is believed that Nolden attempted to deny Lorenzo entry and Lorenzo moved past Nolden, where the two engaged in an argument. Nolden called his supervisor, Enoch Wilson, and asked for additional security assistance immediately.

Before leaving the store, Lorenzo "squared up" and made movements towards Nolden as if he wanted to fight. The DA's Office says it is believed that Nolden then used pepper spray on Lorenzo, who ran out into the parking lot as Nolden walked after him.

Nolden's supervisor arrived at that time and ran after Lorenzo. The DA's Office says Wilson grabbed Lorenzo and tried to direct him to the ground. Lorenzo was reportedly reaching for something in his bag during this time. Wilson got Lorenzo to the ground, lying face down. Lorenzo then produced a gun and blindly fired a shot upward, which struck and killed Nolden. He then turned the gun toward the supervisor and fired it, missing him. Wilson then stood up from Lorenzo and fired his gun toward him, killing him.

The DA's Office says Wilson must have reasonably believed there was an "actual or imminent unlawful interference with his person by Lorenzo," justifying the use of deadly force as self-defense under Wisconsin law.

A statement from the the DA's Office says in part, "Under these circumstances, Wilson's conduct fell within the scope of the law of self-defense and defense of others. Therefore the State will take no further action in this matter."

But during a news conference, a lawyer representing Lorenzo's family said the security guards were the aggressors.

"[Luis Lorenzo] tried to save himself and that had tragic consequences for Mr. Nolden and that is a tragedy," said Attorney William Sulton. "But that doesn't justify the shooting death of Mr. Lorenzo in any way, shape or form."

The family said it is now seeking more information from authorities before considering more legal action.

They also noted how according to the Department of Safety and Public Services, the firearm endorsements for Nolden and Wilson had lapsed.

Court records show Lorenzo was prohibited from having a firearm because of an open drug felony case.

In a phone call, a representative for El Rey supermarket said the business "respects the decision of the District Attorney's Office."

A request for comment was not returned by Marshall Public Safety.

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