Walmart shooter’s defense team alleges ‘outrageous conduct’ from State

EL PASO, Texas ( KTSM ) — In the State of Texas’ case against Walmart shooter Patrick Crusius, defense attorneys are asking the court to consider dismissing charges or bar imposing the death penalty on the grounds of “outrageous conduct” from prosecutors.

On Monday Sept. 9, the 2019 Walmart mass shooter’s defense team filed a motion to Judge Sam Medrano asking the court to order the State to produce all documentation related to its charges. In addition, the defense asked Medrano to consider penalties based on its findings to include barring the death penalty or dismissing charges all together.

Crusius has pleaded guilty to federal charges of killing 23 people and wounding more than 20 others on Aug. 3, 2019 at the Cielo Vista Wal-Mart store.

The State is being accused of intimidating potential witnesses, violating a court-imposed gag order, violating Crusius’ right to attorney-client communications, viewing a confidential folder between Crusius and his attorneys, failing to disclose surveillance evidence, withholding evidence from witness interviews along with other evidence that could potentially lean in favor to the defense’s argument.

According to the motion, the improper contact with witnesses dates back to 2022 when former District Attorney Yvonne Rosales’ administration was caught in a controversy concerning impersonating the family of Walmart victim Alexander Hoffmann . The defense alleges the DA’s Office summoned a private meeting with several families of victims after a gag order was already implemented.

Current DA Bill Hicks is also accused of violating the gag order.

“Hicks’ repeated violations include public comments that speculate about the trial’s timing, discusses the State’s rationale for pursuing the death penalty, and provides details about the case that were not necessary for public knowledge but served only to influence the jury pool and the community,” the motion states.

The DA’s Office is also accused of being in possession of visitors logs through deceptive practices and having more than three hours of recorded phone conversations that were made between Crusius and his defense team — violating the right to attorney-client confidentiality.

Crusius was sentenced to 90 consecutive life-terms in 2023 in a federal court of law, something the motion asks judge Medrano to consider. He is expected to appear in Medrano’s court Sept. 12 for a scheduling conference.

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