El Paso Matters filed a lawsuit 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 under the Texas Public Information Act. The petition seeks a writ of mandamus, a court order requiring a government official to carry out a duty required by law. The case was assigned to 243rd District Court Judge Selena Solis.
The Texas Attorney General's Office issued several rulings over the past 18 months agreeing with arguments from the city and the district attorney. Those arguments said the shooting investigation was a child abuse investigation under the Texas Family Code, and that records of such investigations are confidential.
The lawsuit argues that the decision rests 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, including seeking rulings from the Attorney General's Office.