Federal judge considers motion to postpone El Paso Walmart mass shooter's sentencing hearing

EL PASO, Texas (KFOX14/CBS4) — A federal judge is considering a joint motion to push back the sentencing hearing for the El Paso Walmart mass shooter.

Defense attorneys for Patrick Crusius and United States prosecutors asked to have the sentencing start on July 5 at 9 a.m.

The hearing is currently scheduled to begin on June 30.

"This request is not for the purpose of delay, but rather to lessen the logistical burden on those wishing to participate and to allow for the greatest number of participants to attend the entirety of the proceedings," the joint motion filed Saturday stated.

If United States District Judge David C. Guaderrama signs off on the motion, the sentencing will proceed as follows:

On July 5, the pre-sentence report will be discussed and if any objections are announced, they will be resolved, the document states.

Crusius, who pled guilty to 90 federal charges related to the Aug. 3, 2019 shooting, will also be given a chance to speak before he is sentenced, court documents show.

Victim impact statements will be heard on July 5 at 1 p.m.

The court previously said it expects victim impact statements to take multiple days.

At 10 a.m. on the day immediately following the last victim impact statement, the U.S. government will have an opportunity to deliver any remarks and Crusius will receive his sentence.

On Feb. 8, Crusius plead guilty to 23 counts of committing a hate crime resulting in death, 23 counts of using a firearm to commit murder during or in relation to a crime of violence, 22 counts of committing a hate crime involving an attempt to kill and 22 counts of using a firearm during and in retaliation of a crime of violence.

Crusius entered a plea agreement with the prosecution and may face 90 consecutive life sentences. He also may have to pay restitution and any fines set by the court.

By pleading guilty, Crusius waived his right to appeal his conviction or challenge the sentence.

Federal prosecutors announced they would not be seeking the death penalty against Crusius on Jan. 17.

Crusius still faces a potential death sentence if he’s convicted on a state capital murder charge, however, it’s unclear when he might face trial in a Texas state court.

Prosecutors said Crusius drove more than 10 hours from his hometown near Dallas to El Paso and published a document online shortly before the shooting that said it was “in response to the Hispanic invasion of Texas.”

Source: kfoxtv.com, Fallon Fisher, June 19, 2023

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