"I was surprised this morning (Tuesday) when I came into work and was informed that the Marshal Service had informed us that they were going to go ahead and transfer Mr. Crusius, the Walmart shooter, back into state custody today (Tuesday) at 1 p.m.," Hicks said. "This was a little bit of a surprise to us. We were expecting him after the restitution hearing. To be clear, for the federal restitution hearing the Walmart shooter does not have to appear. His attorneys can waive his appearance at that federal restitution hearing."
The gunman was sentenced July 7 to 90 consecutive life sentences in federal court in connection with the Aug. 3, 2019, mass shooting at an East El Paso Walmart. The gunman killed 23 people and injured dozens more.
The killer, who drove 700 miles to El Paso to commit the mass shooting, confessed to law enforcement that he was targeting Mexicans and other Hispanics to dissuade them from coming to the United States, federal prosecutors and court documents stated.
The consecutive sentences handed down by Senior U.S. District Judge David C. Guaderrama means the gunman will spend the rest of his life in federal prison. The U.S. Attorney's Office was not seeking the death penalty.
The judge ordered the gunman to serve his prison time at ADX Florence supermax federal prison near Florence, Colorado. However, he will remain in El Paso as he awaits a federal restitution hearing and a state trial.
In February, the gunman pleaded guilty to 90 federal charges in connection with the shooting. The charges were 23 counts of hate crimes resulting in death, 23 counts of use of a firearm to commit murder during and in relation to a crime of violence, 22 counts of hate crimes involving an attempt to kill, and 22 counts of use of a firearm during and in relation to a crime of violence.
He was sentenced to life in prison on each count.
The federal restitution hearing is the last proceeding pending in federal court. It is expected to begin in late September.
While the sentencing phase of the federal trial is over, the state of Texas' case against the gunman now takes center stage.
In the state case, the gunman faces one count of capital murder of multiple persons and 22 counts of aggravated assault with a deadly weapon. The El Paso County District Attorney's Office is seeking the death penalty.
The gunman was originally in state custody when he was arrested Aug. 3, 2019.
He then was indicted Feb. 6, 2020, in federal court by the U.S. Attorney's Office on 90 charges in connection with the mass shooting. The gunman was transferred Feb. 11, 2020, to federal custody, court and jail records show. He remained in federal custody until Tuesday.
The DA's Office continues to be in contact with the U.S. Attorney's Office for any federal related hearings that may need the gunman to be in court, Hicks said.
"We have been in contact with the U.S. Attorney's Office," Hicks said. "We have an agreement that if his attorneys do not waive his appearance, we will make arrangements to transfer him back into federal custody for the one or two days of that federal restitution hearing. They (federal officials) will then transfer him back to our custody.
"So, he is going to remain in state custody now moving forward to all the way through our trial, disposition and sentencing, and then serving the sentence. If he needs to go back to federal custody for that restitution hearing for the day or two, we will transfer him back to federal custody but just for the length of that one hearing."
The trial could begin next year or in 2025, but the early transfer of custody could lead to the trial being held earlier than expected, Hicks said. He added the trial date depends on when 409th District Court Judge Sam Medrano orders the case to trial.
"That is up to the judge," Hicks said. "Judge Medrano in the 409th will set our trial date, but it does certainly move our calendar a little more advance than what I had originally thought. We are very excited about that."
The gunman's lawyer, Joe Spencer, said the change of custody was "premature" as the federal case against the gunman isn't over.
"He has to go back for the restitution hearing in September. The DA's Office knows, or should know, that the move to state custody was only temporary and was actually, I think, premature," Spencer said. "He is going to have to go back Sept. 25 or right before Sept. 25 for the restitution hearing, and then it (federal case) will end after that. Then he will be in state custody after that."
Whether or not the gunman and his lawyers waive his right to appear, he will have to be transferred to federal custody for the federal restitution hearing, Spencer said.
"We may want to waive his appearance, but we can't waive his jurisdiction," Spencer said. "The (federal) court would not have jurisdiction if he's in state custody."
The transferring of the gunman between state and federal custody will not impact their defense in the case, Spencer said.
Mexican government officials respond to federal sentencing
Officials with Mexico's Ministry of Foreign Affairs called the sentencing a step forward in fighting white supremacy and violence toward Mexicans.
"The ruling is a clear condemnation against hate speech, xenophobia, white supremacism and any act of violence," Mexico's Ministry of Foreign Affairs officials said in a news release.
"The government of Mexico will continue to use all the resources at its disposal to prevent this type of incident from happening again, and to denounce violence and white supremacism. The Ministry of Foreign Affairs is committed to continue providing proactive, humane and comprehensive assistance and protection to all Mexicans abroad, regardless of their immigration status," the news release said.
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"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde
but by the punishments that the good have inflicted."
— Oscar Wilde