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Wisconsin Self-Defense: Security guard acted in self-defense during a fatal shooting outside an El Rey grocery store in Milwaukee, District Attorney's Office says :: 07/20/2022

No charges will be filed in the shooting that unfolded outside an El Rey grocery store on Milwaukee's south side after the District Attorney’s Office determined the store’s security guard acted in self-defense when he shot and killed 36-year-old Luis Lorenzo.

Lorenzo was shot after he and another security guard, Anthony J. Nolden, 59, got into an altercation that began in the store and continued outside in the parking lot, culminating in Lorenzo blindly firing a gun and killing Nolden, according to the Milwaukee County District Attorney’s Office.

In the week and a half since the July 9 shooting, Milwaukee police and two members of the Common Council who represent the area surrounding El Rey grocery store, at 916 S. Cesar E. Chavez Drive, publicly showed their support for Nolden and his family, while Lorenzo’s family accused security of profiling and escalating the situation with a man who has mental health issues, including paranoia.

William Sulton, an attorney representing Lorenzo's family, called the District Attorney's Office announcement "disappointing." He argued the guards had no reason to pursue Lorenzo outside the store, since he did not steal anything or hurt anyone and he had just been pepper-sprayed, which escalated the situation.

"These folks are not police officers," Sulton said. "They’re attacking him. Mr. Lorenzo responds by trying to save himself and that has tragic consequences for he and Mr. Nolden."

According to a statement from the District Attorney’s Office:

Lorenzo entered the store that morning with a shoulder bag, despite the store not allowing them in order to prevent thefts. Nolden tried to prevent Lorenzo from entering with the bag, but Lorenzo moved past him, entered the business and engaged in an argument with Nolden.

In previous statements to local media, Lorenzo’s family said he did not want to surrender the bag because he had a large sum of money inside it. They have also said Lorenzo was wearing a ski mask. That detail was not repeated in the statement from the District Attorney’s Office.

Nolden then called for a supervisor, Enoch Wilson, to help remove Lorenzo from the store. Lorenzo then proceeded to leave, but before doing so, he “squared up” and made movements toward Nolden indicating he wanted to fight.

Nolden then pepper-sprayed Lorenzo, who ran out of the store and into the parking lot while Nolden followed.

It was then that Wilson arrived, ran after Lorenzo, grabbed him and tried to “direct him to the ground.” Wilson eventually got Lorenzo laying face down while straddling him.

Lorenzo then produced a handgun from his bag and blindly fired it upwards, killing Nolden. Lorenzo then turned the weapon on Wilson and fired but missed. Wilson then stood up and shot Lorenzo.

“Upon arriving and observing Lorenzo running from Nolden, it was reasonable for Wilson to believe that Lorenzo needed to be detained,” the statement said. “Under these circumstances, Wilson’s conduct fell within the scope of the law of self-defense and defense of others.”

Wilson and Nolden were working as security for Marshal Public Safety, a private security company that serves Milwaukee and surrounding counties, sometimes with armed personnel. Wilson is the company’s executive director.

According to a video of Nolden’s vigil the day after the shooting, recorded by H. Nelson Goodson of the Hispanic News Network U.S.A., Wilson attended and spoke at the event while wearing a uniform and carrying a firearm. Another video showed Wilson participating in the arrest of one of Lorenzo’s family members that day, who later said he was there to “peacefully protest” Lorenzo’s killing.

A representative from Marshal Public Safety said Wednesday it has policies for placing its officers on administrative duty following incidents such as the one at El Rey, but declined to detail them. When asked why Wilson appeared to be working the following day, the representative said, “that wasn’t work” and declined further comment.

Online records from the Wisconsin Department of Safety and Professional Services show Wilson and Nolden were both licensed private security personnel. Wilson’s firearm permit expired less than two weeks before the shooting.

When asked about that matter, Chief Deputy District Attorney Kent Lovern said it is not relevant because Wilson was still not prohibited by law from owning or possessing a firearm and “under the circumstances created by Lorenzo’s actions, Wilson’s use of force was necessary.”

Sulton argued the District Attorney's Office downplayed the importance of Wilson's lapsed firearms permit and said "misuse of firearms is such a problem in our community that we should aggressively prosecute these crimes."

A warrant had previously been issued for Lorenzo’s arrest after he missed a September 2021 court hearing regarding drug and fleeing charges, according to online court records. He was barred from possessing firearms after being convicted of similar charges in the 2000s.

Lovern added that Lorenzo’s status as a felon was also not considered in Wednesday’s charging decision.

Contact Elliot Hughes at elliot.hughes@jrn.com or 414-704-8958. Follow him on Twitter @elliothughes12.

https://www.jsonline.com/story/news/2022/07/20/el-rey-grocery-store-security-acted-self-defense-during-fatal-shooting-milwaukee-district-attorney/10105629002/

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