Shootings outside a popular south side grocery store that killed a patron and a security guard has led to a wrongful death lawsuit against El Rey, its security contractor and a second guard.
Luis Lorenzo, 36, was killed July 9 during a struggle in the parking lot of Nuevo Mercado El Rey, 1023 South Cesar E. Chavez Drive, with two security guards from the store, Anthony Nolden and Enoch Wilson.
Lorenzo fatally shot Nolden in the exchange. Then Wilson shot Lorenzo, an action prosecutors have ruled self-defense.
In the lawsuit, Lorenzo's estate contends all the defendants were negligent — El Rey in how it hired Marshal Public Safety LLC, Marshal in how it trained Nolden, and both companies for having inadequate policies regarding use of force and firearms.
Surveillance video shows Nolden first confronted Lorenzo for entering the store with a bag, like a small backpack, contrary to store policy. After they leave the store, Lorenzo appears to prepare to fight Nolden, who then pepper sprays Lorenzo.
Lorenzo attempted to walk away across the parking lot, but Nolden followed, joined by Wilson, who pulled up in an SUV marked as security. Wilson owns Marshal Public Safety. Wilson got out of the vehicle and confronted Lorenzo, and pepper sprayed him a second time before wrestling him to the ground.
Wilson then shoots Lorenzo, with a gun taken from the satchel he carried.
Wilson told police he shot Lorenzo when it appeared that Lorenzo began to take aim at him.
The lawsuit does not mention that Lorenzo shot Nolden.
The lawsuit says the guards acted unlawfully because they are not police officers and there was no reason to believe Lorenzo had committed any crime that would allow a citizen's arrest.
“We are aware that a lawsuit has been filed and will review it," El Rey said in a statement. "We also are aware that the Milwaukee County District Attorney previously determined that the security guard acted within the law and in self-defense and that no charges would be issued.
“We will review the claims and present our response in court. In the meantime, we continue to extend our heartfelt prayers to all impacted by this tragedy. We also offer our thanks to the outpouring of support for security guard Anthony Nolden, his family, and the El Rey community.”
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This article originally appeared on Milwaukee Journal Sentinel: El Rey security guard sued by family of man killed in July shooting