As El Pasoans gather for the fifth anniversary of the Aug. 3, 2019, mass shooting at an El Paso Walmart, the state of Texas' death penalty case against the gunman continues to languish in legal maneuvering and a judge's gag order.
The case has been delayed in state court for several reasons, mainly because state prosecutors and defense attorneys are continuing a years-long battle over how to handle the massive amount of evidence in the case.
The gunman, Patrick Crusius of Allen, Texas, faces one count of capital murder of multiple persons and 22 counts of aggravated assault with a deadly weapon. El Paso District Attorney Bill Hicks is seeking the death penalty. A trial date has not been set in state court.
The mass shooting resulted in 23 people fatally shot and dozens more injured. A white supremacist, who is already convicted and sentenced in federal court, targeted Mexicans in El Paso as shoppers were out for what was a peaceful Saturday shopping trip.
A gag order issued in July 2022 is again being enforced by 409th District Court Judge Sam Medrano, who presides over the gunman's case. The gag order prevents state prosecutors, defense lawyers, witnesses, family members of the victims, or anyone else associated with the case from discussing it.
Hearing set for September; unknown if trial date will be set
A scheduling conference is set for 9 a.m. Friday, Sept. 12. The hearing is expected to focus on the handling of evidence and discussing any pretrial issues.
It is unknown if Medrano will set a trial date during September's hearing. The gag order prevents prosecutors and defense attorneys from discussing what arguments or issues they will present during the hearing.
September's hearing will come five years and one month after the mass shooting devastated El Paso and Juárez, which make up the Borderland's binational community.
A 2024 trial date is unlikely, legal observers said. The Walmart case is one of the largest cases ever seen in El Paso, with millions of pieces of evidence that prosecutors and defense lawyers must sort through to prepare to use for trial.
Hicks has repeatedly claimed his office is ready to try the case as soon as Medrano sets a court date. Defense attorneys have argued they have not been given the evidence with enough time for them to prepare for trial.
Further complicating matters is the Nov. 5 General Election. Hicks, a Republican appointed to the position by Gov. Greg Abbott, is facing Democrat James Montoya in one of the biggest races in El Paso County. Montoya was part of the then-DA team that aggressively sought justice against the shooter in 2019.
State prosecutors, defense attorneys continue to battle over evidence
The last time state prosecutors and defense lawyers met in court was during a Feb. 22 status conference. The hearing ended with no calendar date for the case to go to trial.
During the February status conference, defense attorneys argued they would need several more months to review the evidence and prepare for trial. They argued the long timeframe is needed because the evidence turned over by the state is unorganized, has thousands of duplicate documents, and new evidence improperly hidden in a folder titled “duplicates.”
State prosecutors countered that the district attorney's office turned over most of the evidence months, if not years ago, to the defense team. Any remaining pieces of evidence are being turned over to defense attorneys as the district attorney's office gets it, she added.
Judge: 'Everyone wants a resolution to this case'
Along with arguments over evidence, the state's case has been stalled because of several issues, including the COVID-19 pandemic, which shutdown the court system for months, the retirement of longtime District Attorney Jaime Esparza, the resignation of District Attorney Yvonne Rosales amid allegations of misconduct, and the federal case being handled first, Medrano said at the February hearing.
The long delay in trying the state's case against the gunman led to Medrano addressing the El Paso community about the case moving slowly in state court.
“I rarely address the community in court, but I believe it is important in this case," Medrano said. "It is going to be five years in August (since the shooting), but the court sees this as something the court has had for less than half a year. I am hoping this community understands that everyone wants a resolution to this case, but not at the expense of justice."
Who is who in the Walmart state death penalty case?
Hicks, a Republican, is the third district attorney to prosecute the state of Texas' case against the gunman.
Esparza, a Democrat who is now the U.S. Attorney for the Western District of Texas, retired in 2020. Democrat Yvonne Rosales was elected district attorney in 2020 but resigned from office in November 2022 amid allegations of misconduct, including mishandling the Walmart case.
Hicks was appointed by Abbott to replace Rosales. Hicks' prosecution team includes Rebecca Tarango, Michael Williams and John Davis.
In the most recent death penalty case in El Paso, Hicks and his team successfully got a jury to sentence a man convicted of fatal shooting an El Paso County Sheriff's Office deputy to the death penalty last year.
The gunman's defense team is led by prominent El Paso attorney Joe Spencer. The defense team includes experienced criminal defense attorneys Mark Stevens, Felix Valenzuela and Rebecca Hudsmith.
Spencer, who handled the gunman's case in federal court, has tried dozens of high-profile criminal cases in El Paso, including successfully getting acquittals or lenient sentences for several clients who were either facing the death penalty or life in prison.
Judge Medrano is one of the most experienced and well-respected judges in El Paso. He has presided over thousands of high-profile criminal cases since he was first elected in 2001. Medrano's current term ends at the end of December. However, he will retain his seat as he runs unopposed in the 2024 general election.
Seeking justice five years after Walmart mass shooting
On Aug. 3, 2019, the gunman drove nearly 700 miles from Allen, Texas, to El Paso to attack Mexicans, who he claimed were invading the U.S., according to court documents and testimony in the gunman's federal trial.
The mass shooter parked at the El Paso Walmart at 7101 Gateway Blvd. West. He got out of his vehicle and began shooting people in the parking lot, federal prosecutor Ian Martinez Hanna said during the gunman's February plea hearing. He continued into Walmart, where he fatally shot nine people in a bank inside the store. He then continued, shooting another nine in the aisles of the Walmart.
The gunman used a GP WASR-10 semiautomatic rifle — a Romanian-made firearm that is a variant of the AK-47 assault rifle — and 7.62 x 39 mm hollow point ammunition, a federal indictment states. The gun and 1,000 rounds of ammunition were purchased June 19, 2019, on the internet by the gunman, the indictment states.
Minutes after the shooting, the gunman, then 21, emerged with his hands up from a vehicle that was stopped at a nearby intersection and told a Texas Department of Public Safety trooper, who was responding to the mass shooting, "I'm the shooter."
The gunman targeted Hispanics in an effort to dissuade Mexicans and other Hispanics from coming to the United States, federal prosecutors said. Minutes before the shooting, he posted a racist manifesto online outlining his motives for committing one of the most deadly shootings in U.S. history.
The gunman confessed to law enforcement that "they (Mexicans and other Hispanics) were to blame" and "he was trying to defend his country," federal prosecutor Ian Martinez Hanna said in the federal sentencing hearing for the gunman.
Walmart gun sentenced to life in prison in federal court
The gunman has already been sentenced to life in prison in federal court after the U.S. Attorney's Office elected not to seek the death penalty.
The gunman pleaded guilty Feb. 9, 2023, to 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 July 7 to 90 consecutive life sentences in federal court for the mass shooting. He was ordered to serve his federal prison sentence at ADX Florence supermax federal prison near Florence, Colorado. However, the gunman was transferred July 11 to state custody as the case in state court remains pending.
The gunman was ordered Sept. 25 to pay more than $5 million in federal restitution for the financial losses suffered by the victims and their families because of his actions.
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