Marshal Public Safety Officers Are Not Licensed Under Wisconsin State Law To Carry Weapons, William Sulton, Attorney For The Lorenzo Family Says

El Rey Supermarket on South W. César E. Chávez Drive in Milwaukee is responsible for hiring a security company whose armed guards are not licensed to carry in Wisconsin, Attorney Sulton claimed at a press conference on Sunday.

By H. Nelson Goodson 

Hispanic News Network U.S.A.

July 17, 2022

Milwaukee, Wisconsin - On Sunday, William Sulton, the attorney for the Lorenzo family claimed that according to state business records, the Marshal Public Safety (MPS) officers are not licensed to carry weapons at businesses they provide security. Also, Attorney Sulton said that El Rey Supermarket is liable for hiring a security company whose guards or officers are not licensed to carry weapons.

The Lorenzo family is pursuing legal action against both El Rey and the Marshal Public Safety company.

Sulton confirmed that the Milwaukee police investigators have not addressed or cited the officers of the MPS company for carrying weapons when they are not trained and licensed to carry weapons.

Attorney Sulton stated, "Mr. Nolden and other private security personnel that work at El Rey do not have licenses to carry firearms while acting as private security and that is a crime in our state and chargeable to the supervisor here at El Rey...that is something that MPD has ignored and we intend to ask them why is that the case...Right now certainly we have enough information to pursue a case against both El Rey’s and the private security firms based on the fact that they hired folks and allowed them to work unlawfully carrying firearms." Nolden's license to carry a firearm as a private security guard 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.

Sulton says that the MPD hasn't made any referrals the Milwaukee County District Attorney’s Office to criminally charge MPS company for illegal carrying of firearms as a private security company and El Rey for hiring and allowing armed security guards to illegally carry firearms at the grocery store who are not trained or licensed to carry firearms while acting as security guards.

Hispanic News Network U.S.A. (HNNUSA) went to ask police who were stationed at the El Rey parking lot, why haven't the MPS officers been cited for being unlicensed to carry weapons? One Milwaukee police officer said that Wisconsin is an open carry state and anyone can carry a weapon openly. I guess this police officer doesn't want to enforce state law. The second Milwaukee police officer said, that they weren't going to get involved in that matter and that it should be resolved in a court.

Attorney Sulton says, that the problem with the Milwaukee Police Department today, is that they only enforce laws that they want to enforce. Sulton added that he will pursue the matter in an upcoming lawsuit against El Rey and the MPS company.

On Friday, July 9, 2022, Luis Lorenzo, 36, was killed by Enoch Wilson, 43, the Director of the Marshal Public Safety company in the parking lot of El Rey, MPS Officer Anthony James Nolden, 59, was allegedly shot by Lorenzo and died at the scene.

The whole deadly incident was ignited over El Rey Supermarket in-store policy that prohibits their clientele from carrying backpacks and large bags inside the store. Lorenzo refused to leave his backpack at the front of El Rey customer service counter. Lorenzo left El Rey store and Nolden including Wilson pursued him to the end of the parking lot at the Southeast side near a public sidewalk where the deadly incident occurred.

Both Nolden and Wilson followed Lorenzo outside the store and allegedly assaulted Lorenzo who took out a weapon from his waistband band and fired shots allegedly striking Nolden and then Wilson in return killed Lorenzo.

Attorney Sulton says that the deaths of Nolden and Lorenzo could have been avoided, if the security guards weren't armed to begin with.

It seems, that neither Nolden or Wilson called police before Lorenzo exited the El Rey Supermarket.

The Milwaukee County District Attorney's Office (D.A.) has not decided yet to charge Wilson in the case nor has the D.A. determined that Wilson was justified in killing Lorenzo.

Update: Attorney William Sulton released the following statement to Hispanic News Network U.S.A. (HNNUSA) on Monday, July 18, 2022 in regards to firearms use by private security, I will add that Fox6's reporting is inaccurate and misleading.  

Wis. Admin. Code s. SPS 34.01 governs when private security persons may carry firearms. The law generally prohibits private security persons from possessing firearms while working as private security. SPS 34.01(1) states that "[n]o . . . employee of an agency may carry any firearm unless" several conditions are met. Two of the required conditions are SPS 34.01(a) and (b), which obligate that "[t]he circumstances or conditions of the . . . employee's assignment as a private security person give rise to a substantial need for being armed" and that "[t]he client and the agency agree in writing that the agency will assign armed security personnel to the client." As I explained at yesterday's press conference, El Rey's and Marshal Public Safety's owners had to first decide that there was a "substantial" need for armed private security at a grocery store with no history of violent interactions with customers requiring armed intervention. Our point is that there was not, we doubt they performed the required analysis, and publicly available information suggests that did not follow the law. The public should not be told that any person with a CCW permit can automatically carry a firearm by working for a private security firm. Many private security firms hire folks as independent contractors. The belief that they can carry firearms under any situation is dangerous and will lead to more deaths.

Editor's note:

It seems that El Rey Supermarket and the Marshal Public Safety company insurance might not cover a wrongful death lawsuit, since El Rey had MPS officers with expired firearm permits at the store when the tragic deadly incident occurred. Might turnout to be a costly liability for both El Rey and MPS company.