Family representing the Estate of Luis Lorenzo files wrongful death civil lawsuit in Milwaukee County against El Rey Supermarket on S. Chavez Drive and the Marshal Public Safety, private security company.
By H. Nelson Goodson
Hispanic News Network U.S.A.
October 1, 2022
Milwaukee, Wisconsin - On Thursday, Special Administrator Wanda Rodriguez for the Estate of Luis Lorenzo filed a civil lawsuit in Milwaukee County against El Rey Enterprises, LLC, El Rey Enterprises, LLP II (El Rey Supermarket on S. César E. Chávez Drive); Marshal Public Safety, LLC, defendant Enoch Wilson; Burns and Wilcox Ltd and West Bend Mutual Insurance Company claiming wrongful death by negligence and seeks compensatory, general damages and attorney's fees to be determined a 12 member jury.
According to Attorney William Sulton who is representing the Estate of Luis J. Lorenzo, 36, in the Milwaukee County civil lawsuit claims that Lorenzo went to El Rey Supermarket on July 9, 2022 to purchase some items and was confronted by Marshal Public Safety Officer Anthony "Tony" James Nolden, 59, which attempt to keep Lorenzo from entering the store with a backpack in his shoulder. The Estate of Lorenzo lawsuit says that Nolden pepper sprayed Lorenzo as he attempted to leave the store. Then as Lorenzo exited, Enoch Wilson, 45, the director of the Marshal Public Safety company who arrived at the scene including Nolden took down Lorenzo in the parking lot after Nolden pepper sprayed Lorenzo for a second time. While Lorenzo was on the ground and blinded, he feared for his life and was defending himself while two large armed men tried to subdue him. Wilson took out his handgun out and shot Lorenzo to death.
The lawsuit also claims that Marshal Public Safety (MPS) officers have no police powers under the law.
In February 2019, Wilson unlawfully pointed a gun at Carnell Bates and another man, unlawfully forced them to lie on the ground, unlawfully handcuffed the men, and unlawfully placed them in the back of his vehicle (MPS squad).
In February 2022, Wilson and another armed MPS employee unlawfully arrested Corey Kirkwood at El Rey, threatened violence and unlawfully detained Kirkwood. Which Wilson and his employees have treated patrons of El Rey and others unlawfully by pretending to be police officers, pretending to have police powers, and pretending to have powers greater than police officers.
On July 9, 2022, Lorenzo walked into El Rey Supermarket at the 900 block of S. César E. Chávez Drive to purchase grocery items and was confronted by Nolden who wrongfully pepper sprayed Lorenzo. Nolden's unlawful used of pepper spray caused injury to Lorenzo, which Lorenzo became afraid of Nolden. Lorenzo turned away from Nolden and walked towards the exit. Nolden followed Lorenzo for the purpose to detain him and causing further injury. Nolden's decision to detain Lorenzo was unlawful because Nolden is not a police officer and Lorenzo did not commit any offense that would give rise to the doctrine of a citizen's arrest.
Lorenzo attempted to run away from Nolden by running across the El Rey's parking lot. At this point, Wilson arrived at the scene and joined Nolden in an attempt to detain Lorenzo after Nolden had pepper sprayed Lorenzo for a second time. Wilson's decision to detain Lorenzo along with Nolden was unlawful because he is not a police officer and Lorenzo had not committed an offense to give rise to the doctrine of a citizen's arrest.
The Estate of Lorenzo's lawsuit claims that Wilson also unlawfully pepper sprayed and injured Lorenzo as well.
Wilson and Nolden were able to grab Lorenzo and slammed him to the ground and Wilson took out his handgun and shot Lorenzo to death.
The El Rey was negligent in hiring Marshal Public Safety who has had a history of excessive and unreasonable use of force against El Rey Supermarket patrons and El Rey failing to train and supervise both Wilson and Nolden.
El Rey is also accused of negligence for forming their own firearm and use-of-force policies, which El Rey is directly responsible for Wilson's and Nolden's use of force against Lorenzo and causing his death.
The lawsuit also claims that Wilson failed to train Nolden who didn't have the temperament to work with the public and that Wilson had learned from a prior lawsuit filed by Carnell Bates that it was unlawful to detain anyone, but in this case, Lorenzo because he didn't personally observe Lorenzo committing a felony.
The Estate of Luis Lorenzo is asking for a 12 jury member.
The defendants have 45 days to respond to the Estate of Luis Lorenzo civil lawsuit.
According to Milwaukee police, Lorenzo when slammed down to the ground and blinded by pepper spray, he was able to take out a handgun from his backpack and blindly fired his weapon. Nolden was fatally shot, but the Milwaukee County Medical Examiner's Office hasn't determined or released any information about who actually fired the gunshot that killed Nolden. Wilson did fired his weapon killing Lorenzo, according to police.
The Milwaukee County District Attorney's Office decided not to criminally charge Wilson with Lorenzo's homicide, nor for Nolden's death.
Both Lorenzo's and Nolden's deaths were ruled homicides by the Milwaukee County Medical Examiner's Office.
Also, at the time of the deadly confrontation at El Rey Supermarket, both Wilson and Nolden had their firearms licenses expired. Nolden's firearm license expired on March 10, 2022 and Wilson's license to carry a firearm expired on June 28, 2022, according to the Wisconsin Department of Safety and Professional Services website.
