Uvalde DA sues Border Patrol to allow agents to testify in Robb Elementary case
The Brief
Uvalde DA files suit to get Border Patrol agents to testify
DA says agents' testimony is "essential" in cases against former Uvalde CISD officers
Pete Arredondo, Adrian Gonzales charged with multiple counts of child endangerment
UVALDE, Texas - The Uvalde District Attorney is suing the U.S. Border Patrol in an effort to get agents to testify in criminal cases related to the May 2022 mass shooting at Robb Elementary.
What we know
Christina Mitchell, the district attorney for the 38th Judicial District, filed the suit on May 9 in the US District Court for the Western District of Texas.
The lawsuit asks for judgment and relief under the Administrative Procedure Act to get the U.S. Customs and Border Protection to allow three agents to testify in the trials of former police chief Pete Arredondo and officer Adrian Gonzales with Uvalde CISD.
Arredondo and Gonzales are both facing multiple counts of felony child endangerment related to their actions during the shooting.
In the filing, DA Mitchell says that the three agents' testimony is "essential to the pending Texas criminal prosecution", as two of them participated in killing the gunman and the third was present in the hallway during most of the incident.
The filing also says that the request is the "culmination of District Attorney Mitchell's good faith efforts to reasonably accommodate the CBP," adding that 188 Border Patrol employees were involved in the response and that the DA had initially asked for the cooperation of 18 of those employees.
Read the full lawsuit below:
Click to open this PDF in a new window.
Dig deeper
Arredondo and Gonzales were indicted by a grand jury in June 2024, more than two years after the shooting.
The indictment for Arredondo lists 10 counts of abandoning/endangering a child.
Each count named a child survivor. The indictment claims Arredondo, "by act and omission, intentionally, knowingly, recklessly and with criminal negligence," placed the children in "imminent danger of bodily injury, death, physical impairment and mental impairment."
The indictment accuses Arredondo of failing to identify the incident as an active shooter situation, instead calling SWAT which caused delays. The indictment also claims he failed to follow the active shooter plan developed by the school district by not establishing a command center and by prioritizing evacuation of students over stopping the shooter.
READ MORE: New details for arrests of Pete Arredondo, another former Uvalde school officer
Arredondo attempted to have the charges thrown out, claiming he was improperly charged and has been scapegoated for the botched response.
Gonzales, who was among the first officers to arrive at the scene, has been indicted on 29 counts of abandoning or endangering a child. He is accused of abandoning his training and not confronting the shooter, even after hearing gunshots as he stood in a hallway.
Each charge against Gonzales and Arredondo carries up to two years in jail if convicted. Both have pled not guilty.
The backstory
The shooting at Robb Elementary was one of the worst school shootings in United States history.
The Department of Justice released a nearly 600-page report detailing the 'cascading failures' by law enforcement on May 24, 2022.
READ MORE: 'I don't want to die,' student tells 911 dispatcher from Uvalde school during mass shooting
Nearly 150 U.S. Border Patrol agents, 91 state police officers, school and city police responded to the scene, but waited for 77 minutes before entering the classroom and killing the 18-year-old shooter.
The report talked about the vast array of problems, from failed communication and leadership, to the inadequate training and technology used by police.
READ MORE: Uvalde marks one year since deadly Robb Elementary mass shooting
A private investigator hired by the city cleared Uvalde city police of missteps. Austin-based investigator Jesse Prado presented his findings and stated the department did not commit any wrongdoing or violate any policy.
Several families of Uvalde victims have filed federal and state lawsuits against law enforcement, social media and online gaming companies and the gun manufacturer that made the rifle the gunman used.
Uvalde City Council recently approved a $2 million settlement with the families of the victims. As a part of the agreement, city leaders promised higher standards and "enhanced training" for current and future police, as well as a memorial to the victims, resources to support mental health and the upkeep of the children's graves.
19 Robb Elementary students were killed in the shooting.
Xavier Javier Lopez, 10
Amerie Jo Garza, 10
Uziyah Garcia, 8
Rojelio Torres, 10
Annabell Guadalupe Rodriguez, 10
Nevaeh Bravo, 10
Makenna Lee Elrod, 10
Eliahana 'Elijah Cruz' Torres, 10
Eliana 'Ellie' Garcia, 9
Alithia Ramirez, 10
Jacklyn "Jackie" Cazares, 9
Jayce Carmelo Luevanos, 10
Jailah Nicole Silguero, 11
Jose Flores Jr, 10
Alexandria "Lexi" Aniyah Rubio, 10
Maite Yuleana Rodriguez, 10
Tess "Tessy" Marie Mata, 10
Maranda Gail Mathis, 11
Layla Salazar, 10
Fourth-grade co-teachers 48-year-old Irma Garcia and 44-year-old Eva Mireles were also killed. Family members said at the time that both died trying to protect their students.
The Source
Information in this report comes from court paperwork and previous reporting by FOX 7 Austin.
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