A Texas judge on Wednesday blocked the release of records regarding the state police response to the Uvalde elementary school mass shooting that left 19 children and two adults dead on May 24.
In a brief ruling, Travis County 419th Civil District Court Judge Catherine A. Mauzy said the Texas Department of Public Safety can withhold records regarding the Robb Elementary School massacre because state Sen. Roland Gutierrez did not properly file a request under the Texas Public Information Act.
On May 30, Gutierrez, a Democrat whose district includes Uvalde, wrote a letter to DPS Director Steve McCraw requesting the department’s training manuals and any documents describing how his 91 state police officers responded to the Uvalde school shooting, the Texas Tribune reported.
Testifying on June 21 before a special state Senate committee hearing, McGraw ripped law enforcement response to the massacre as an "abject failure," placing the majority of the blame on suspended Uvalde school district police Chief Pete Arrendondo for allegedly deciding to put the lives of armed officers with protective gear above kids.
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In total, 376 law enforcement officers from various agencies responded to the tragedy at Robb Elementary School, according to a 77-page investigate report released July 17 by a state House committee. Victims waited over an hour for help until a U.S. Border Patrol tactical unit breached the classroom and killed the 18-year-old suspected gunman, Salvador Ramos, a former student at the same school.
DPS agreed to provide records to Gutierrez on July 21 under the contingency that he uses them for "legislative purposes" alone and not publicly release the information, San Antonio Express-News reported. The state lawmaker rejected the proposal, saying the documents should be widely available.
At a hearing last week, Uvalde County District Attorney Christina Mitchell Busbee had asked the judge not to release the state police records about its response to the Uvalde shooting over concerns it could jeopardize ongoing investigations by Texas Rangers – a division of DPS – as well as the FBI.
"It has been over 70 days since the massacre at Robb Elementary, and the State of Texas has completely failed to provide the community of Uvalde with timely and truthful answers," Gutierrez said in a statement Wednesday reacting to the judge’s decision. "It is very disturbing that the Department of Public Safety has continued to fail to disclose even the most benign information to the public. You shouldn’t need a lawsuit to be honest and transparent with people about what occurred."
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"Respectfully, I plan to appeal the court’s order and submit a new information request under the court's prescribed manner," he said. "Governor Abbott’s administration is going to every extreme not only to withhold basic information about the Uvalde massacre, but to paint a narrative that absolves the Texas Department of Public Safety of responsibility for the horrid response to the Uvalde shooting."
"True justice requires transparency, accountability, and a commitment to solutions. I will do everything in my power to bring justice for this community," Gutierrez concluded.
Law enforcement’s response has received intense scrutiny. Texas Gov. Greg Abbott, a Republican, who initially praised police for their "quick response" and "amazing courage" regarding the Uvalde shooting, said he was "livid" days later and had been "misled" by authorities, causing him to share partially inaccurate information with the public.
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On Wednesday, Abbott announced that DPS will be providing more than 30 law enforcement officers to campuses throughout the Uvalde Consolidated Independent School District (UCISD) for the new school year.
"The beginning of a new school year should be an exciting time for students and teachers, and the State of Texas is working to provide that for the Uvalde community," the governor said in a statement. "As a new school year begins, we must ensure students, parents, and all dedicated school personnel can look forward to new opportunities to learn and grow. Texas will keep working to provide all available support and resources to the Uvalde community as they continue to heal."
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"We know going back to school will be especially challenging for many in Uvalde," McCraw added. "The Texas Department of Public Safety is committed to working with the Uvalde Consolidated Independent School District to ensure each child, parent, and teacher feels safe and protected during this difficult time. There is no task more important than this."