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Walmart mass shooting case could face further delays [1]
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Date: 2024-12-06
A hearing scheduled next week in the Walmart mass shooting case could be delayed, which could impact the judge’s plan to schedule a series of hearings next year that could lead to a trial in 2026.
Attorneys for defendant Patrick Crusius filed a motion Thursday seeking a continuance of a hearing scheduled for next Wednesday and Thursday into allegations of prosecutorial misconduct. The motion said the prosecution “agrees with the motion,” though District Attorney Bill Hicks told El Paso Matters that it would be more accurate to say his office “does not oppose” the motion.
The defense motion said testimony at hearings Oct. 31 and Nov. 1 raised additional issues that led to new defense motions, which necessitated more time for the prosecution to respond.
“Further, the Defense has expert witnesses who are not available for the December 11 or 12, 2024, hearing; the testimony of these experts is vital to the resolution of the pending matters before the Court,” the motion said.
District Judge Sam Medrano, who is presiding over the case, has not yet ruled on the motion to delay the hearing. The motion did not say how long of a delay would be needed.
Medrano issued a scheduling order earlier this year that called for a series of monthly pretrial hearings next year, beginning Jan. 15, to discuss evidentiary motions and other issues. The schedule calls for jury selection to begin in January 2026, which could lead to the beginning of a trial in the 5-year-old case a few months later.
Judge Sam Medrano of the 409th District Court is presiding over the Walmart mass shooting trial. (Ruben R. Ramirez/El Paso Inc)
The defense motion repeated earlier arguments that the prosecution has failed to turn over evidence it possesses, and that new revelations in the recent hearings will take more time to explore.
The motion calls the Jan. 15 start for pretrial motions “impractical.” Medrano has not ruled on that motion.
The latest motions to delay court actions in the case come as the District Attorney’s Office is in its third transition of top prosecutors since the Aug. 3, 2019, racist mass shooting that killed 23 people and wounded 22 others.
Jaime Esparza, who was first elected district attorney in 1992, did not seek reelection in 2020 and was succeeded by Yvonne Rosales. She resigned in 2022 amid an effort to remove her on allegations of incompetence. Gov. Greg Abbott appointed Hicks to succeed her, and James Montoya defeated Hicks in the Nov. 5 election.
Montoya is serving as an assistant district attorney as part of the transition, and he will take office Jan. 1. During the campaign, Montoya initially said he would continue to pursue the death penalty in the Walmart shooting, but he later said he wanted to review mitigating evidence that could make a life sentence more appropriate.
Several family members of those killed in the shooting have expressed frustration with how much time has passed with no state trial scheduled.
Crusius also faced federal hate crimes and weapons charges, and the state capital murder case took a back seat to the federal prosecution.
In 2023, federal prosecutors agreed not to seek the death penalty – a decision they have refused to explain publicly – and Crusius agreed to a guilty plea that yielded 90 consecutive life sentences.
The state case began creeping forward earlier this year, but defense attorneys have repeatedly accused prosecutors of not providing them all the evidence required under state discovery laws. In September, the defense began filing a series of motions alleging prosecutorial misconduct under all three district attorneys who have overseen the case.
Hicks has denied that any actions by prosecutors have denied Crusius’ constitutional rights.
Two days of hearings this fall explored some of those allegations, and Medrano scheduled additional time for hearings next week.
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[1] Url:
https://elpasomatters.org/2024/12/06/august-3-2019-walmart-mass-shooting-patrick-crusius-trial-delay/
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