MILWAUKEE — The Milwaukee County District Attorney's Office said no charges will be filed in the double fatal shooting at El Rey on July 9.
In a news release Wednesday, the district attorney's office shared evidence that led to their decision, including a statement that Enoch Wilson, the security supervisor at El Rey, acted in self-defense when he killed Luis Lorenzo.
Officials said the incident began when Lorenzo entered the store with an over-the-shoulder bag, which is against store policy. Anthony Nolden, the security guard working at the store, ordered Luis to leave which sparked an argument.
The district attorney's office said that's when Nolden called Wilson for assistance.
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Lorenzo then proceeded to leave the store but before exiting, he squared up with Nolden as if to fight him. Nolden then sprayed pepper spray at Lorenzo, who then exited the store.
Officials with the district attorney's office said Nolden followed Lorenzo out. That's when Wilson arrived on the scene, saw Nolden following Lorenzo, and ran after Lorenzo.
Wilson told the DA's office that he grabbed Lorenzo and tried to direct him to the ground. While that was happening, Lorenzo was reaching for something in his bag.
When Wilson got Lorenzo to the ground, Lorenzo pulled out a gun and blindly fired a shot, hitting Nolden and killing him. Lorenzo then turned toward Wilson and fired at him, but missed. Wilson stood up from Lorenzo and fired his gun, killing Lorenzo.
The Milwaukee County District Attorney's Office then went on to say that under Wisconsin law, "self-defense using deadly force in this situation required that Wilson must have believed that there was an actual or imminent unlawful interference with his person by Lorenzo. Wilson must have reasonably believed that the amount of force he used was necessary to prevent or terminate the interference, and Wilson could only use deadly force against Lorenzo if he reasonably believed that such force was necessary to prevent imminent death or great bodily harm to himself or others."
The office went on to say, under these circumstances, Wilson's conduct was not unlawful, and the state will take no further action.
Lorenzo's family held a press conference Wednesday afternoon. William Sutton, the attorney representing the family, says they haven't yet seen any surveillance video of what happened. He said he believes Lorenzo also acted in self-defense.
"He was sprayed in the face, then he was blinded, and he exited the building and yet he's being pursued out of the building by a much larger man who takes him to the ground," Sutton said.
"He tried to save himself, and that had tragic consequences for Mr. Nolden, and that is a tragedy," Sutton added. "But that doesn't justify the shooting death of Mr. Lorenzo in any way, shape or form."
Sutton says Lorenzo did not have a concealed carry permit. He said records show both Wilson and Nolden had expired carry permits at the time of the shooting.
Sutton raised questions about why El Rey had armed security.
"The first requirement under DSPS regulations is that there be a substantial need for armed security. There was no substantial need for armed security at this location," Sutton said.
A spokesperson for El Rey told TMJ4 News they respect the district attorney's decision.