EL PASO, Texas ( KTSM ) — Assistant District Attorney John Briggs has filed an explosive wrongful termination lawsuit against El Paso County stemming from his dismissal during the Yvonne Rosales administration.
The lawsuit alleges Rosales was a “colossal disaster as the El Paso District Attorney. Her brief tenure was indelibly marred by incompetence and scandal so pervasive that it eventually culminated with her resignation, but only after she invoked her Fifth Amendment right against self-incrimination when asked to explain her actions.”
Briggs, a 25-year employee at the District Attorney’s Office who was at one time the lead prosecutor on the Walmart shooting case, was fired by Rosales in August 2022 amidst a massive controversy over who in the District Attorney’s Office may have conspired to send an e-mail to media impersonating the family of Walmart victim Alexander Hoffmann.
Due to the controversy and Rosales’ ongoing failure to file cases on time, which resulted in hundreds of case dismissals, she was forced to resign in December 2022.
The lawsuit alleges that Briggs was increasingly uncomfortable with Rosales’ legal adviser, Roger Rodriguez, spending time around the office despite not being an employee. The lawsuit alleges he was “seemingly ever present, including in highly confidential and privileged discussions.”
Following a hearing on July 1, 2022, where Judge Sam Medrano issued a gag order, the DA’s Office met with families to explain the next steps and reassure them the case was still on track. While Briggs explained the gag order to the families, Rodriguez allegedly interjected and told the group they would get the judge recused, encouraging them to file complaints with the Ethics Commission.
Briggs allegedly raised his concerns about Rodriguez’s interference with then-First Assistant DA George Al-Hanna. He states he told Al-Hanna he would no longer attend Walmart shooter case meetings at which Rodriguez was present.
On July 15, just days after voicing his concerns, Briggs was removed from the Patrick Crusius case. At the time, Briggs was the only attorney in the office with trial experience in capital punishment trials.
On Aug. 4, 2022, media, including KTSM, received an e-mail purportedly from the family of Alexander Hoffman, one of the Walmart victims. The e-mail, which clearly violated Judge Medrano’s gag order, criticized the judge and a former prosecutor on the case, who was rumored to be running against Rosales in the next election.
Who is impersonating the family of a Walmart massacre victim? KTSM’s investigation revealed that the Hoffmanns didn’t send the email, and the addresses it was addressed to were identical to the DA’s media contact list.
The lawsuit says on Aug. 18, 2022, Senior Division Chief Curtis Cox advised Briggs to sign an affidavit indicating that Briggs failed to notify the Hoffmanns of the gag order, which Briggs says is false.
Briggs says he refused to sign the affidavit, believing the e-mail sent to the media originated from the DA’s Office and Roger Rodriguez.
The following day, Aug. 19, Briggs had an unexpected annual performance evaluation by Division Chief Scott Ferguson. Briggs claims he was not given a copy of the review and only received a copy after filing a Public Information Act request. Briggs claimed Al-Hanna intentionally altered Ferguson’s evaluation of Briggs and sent the altered evaluation to Rosales.
Briggs was terminated from the District Attorney’s Office on Aug. 22, 2022, and escorted out of the office after 25 years.
According to the lawsuit, even after leaving office, his former colleagues continued to harass him. Four days before Briggs was scheduled to appear at a hearing regarding a motion to recuse Judge Sam Medrano, Al-Hanna signed a grievance with the State Bar of Texas. The State Bar ultimately dropped the grievance.
After his termination, Briggs was hired for a brief period with the Ector County District Attorney’s Office before returning to the El Paso District Attorney’s office in February 2023, when Bill Hicks was appointed as DA following Rosales’ resignation.
Brigg’s lawsuit against El Paso County seeks damages and pay for the lost wages he allegedly incurred following his termination from the El Paso County District Attorney’s Office.
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