El Paso Matters filed a lawsuit on Thursday asking a state judge to order the El Paso District Attorney's Office and the city of El Paso to release investigative records from the 2019 Walmart mass shooting. The petition seeks a writ of mandamus, a court order requiring a government official to perform a duty set by law. The outlet says the records should be available under the Texas Public Information Act. The case was assigned to 243rd District Court Judge Selena Solis.
The lawsuit says the Texas Attorney General's Office issued several rulings over the past 18 months that the records should not be public. The office agreed with arguments from the city and the district attorney that the shooting investigation was a child abuse investigation under the Texas Family Code, which makes such records confidential. The lawsuit argues that this decision is based on a misreading of Texas law. It says the investigation and prosecution of Patrick Crusius did not involve suspected child abuse or neglect.
In a statement, El Paso District Attorney James Montoya said his office handles all open records requests in accordance with Texas law. He said this includes asking the Attorney General's Office for rulings when requested information may be required to be withheld.