Defendant in deadly Walmart mass shooting in El Paso set to plead guilty Wednesday
Three and a half years after El Pasoans suffered through one of the deadliest mass shootings in U.S. history, the defendant in the deaths of 23 people at an East Side Walmart is expected to plead guilty in federal court.
Patrick Crusius is set to plead guilty at 2 p.m. Wednesday at the Albert Armendariz Sr. Federal Courthouse in Downtown El Paso, according to court records.
No details have been released on whether the plea is part of an agreement. A motion requesting an arraignment hearing only states Crusius intends “to enter a plea of guilty to the pending Indictment.”
Crusius faces 90 federal charges in connection with the Aug. 3, 2019, mass shooting at the Cielo Vista-area Walmart.
The charges are:
23 counts of hate crimes resulting in death
23 counts of use of a firearm to commit murder during and in relation to a crime of violence
22 counts of hate crimes involving an attempt to kill
22 counts of use of a firearm during and in relation to a crime of violence
Crusius, of Allen, Texas, on Aug. 3, 2019, drove from the Dallas suburb to El Paso with a variant of an AK-47 assault rifle and hundreds of rounds of ammunition, according to the federal indictment.
Once in El Paso, he allegedly uploaded a racist tirade online claiming his attack was “a response to the Hispanic invasion of Texas.”
Crusius then allegedly gunned down people in the parking lot and inside the store, leaving 23 people dead and dozens more injured.
He then surrendered to law enforcement shortly after the shooting.
A gag order issued in state district court prevents defense lawyers, prosecutors, witnesses, victims and family members from discussing the case.
The courtroom is expected to be filled with victims and family members of those who were killed in the mass shooting.
Next steps in federal case against Patrick Crusius
There are more steps to bring justice to the victims, their families and the El Paso community.
A federal sentencing date will be set Wednesday or in the coming days. The U.S. Attorney's Office announced Jan. 17 that it will not seek the death penalty in the case.
Crusius faces up to life in prison. The U.S. federal system does not offer parole. However, the federal system does allow a defendant to be released on community supervision in some cases, although it is highly unlikely any community supervision will be granted to Crusius.
In standard plea agreements, a defendant agrees to waive his right to an appeal. The only way the defendant could appeal would be if he could prove ineffective assistance of counsel or prosecutorial misconduct.
State case continues against Patrick Crusius
The federal case against Crusius has moved forward faster than the case in state court.
The state court case has faced delays due to the COVID-19 pandemic, issues with the former district attorney and her administration, which ended with her resigning from office, and the appointment of a new district attorney.
A trial date in state district court has not been set.
In state district court, Crusius faces one count of capital murder of multiple persons and 22 counts of aggravated assault with a deadly weapon.
The El Paso County District Attorney’s Office is seeking the death penalty against Crusius.
The delays in the state case mostly involved former El Paso District Attorney Yvonne Rosales.
She faced several allegations during her brief tenure as the head prosecutor for the region, including allegations of official misconduct and continued incompetence, and claims members of her staff falsified emails and threatened the family of a Walmart shooting victim.
A gag order was issued by State District Court Judge Sam Medrano after Rosales declared in a statement the case against the Walmart shooter was going to “proceed to trial by 2023.”
A petition to remove Rosales from office was filed by El Paso lawyer Omar Carmona. He cited in his petition for removal that under Rosales there had been a sharp decline in case filings despite a rise in family violence arrests; the dismissal of the hundreds of cases due to inaction by the DA's office; the dismissal of a death penalty capital murder case on grounds of prosecutorial vindictiveness; and the alleged "mishandling" of the Walmart case.
Rosales fought the petition and denied the allegations against her.
She then filed a motion asking the state to recuse Medrano, whom she accused of acting with "personal animus" against her. The motion was denied.
Allegations then surfaced that members of Rosales’ team had threatened the family of one of the Walmart victims and had sent emails claiming to be the family to the media. The emails were allegedly sent in an effort to have Medrano removed from the case.
Rosales also allegedly attempted to avoid subpoenas compelling her to attend a hearing over the gag order violation.
She missed the initial hearing, but appeared at a rescheduled hearing. Rosales took the stand but invoked her Fifth Amendment right to remain silent to every question asked by defense attorneys until Medrano allowed her to step down from the stand.
Rosales resigned from office Nov. 28. The resignation came weeks before a hearing in the petition for removal was held to determine whether she would be suspended as the petition moved forward.
Her last day in office was Dec. 14.
Texas Gov. Greg Abbott appointed prominent Texas lawyer Bill Hicks to take over as El Paso County district attorney in December. Hicks will serve the last two years of Rosales' term.
No hearings are currently scheduled in the state case against Crusius, according to court records.
This article originally appeared on El Paso Times: Patrick Crusius set to plead guilty in El Paso Walmart shooting
