District judge rules in favor of news outlets in lawsuit over Uvalde shooting records

A state district judge in Austin has ruled in favor of a coalition of news outlets in an ongoing lawsuit against the Department of Public Safety over public records related to the mass shooting at Robb Elementary School in Uvalde last year.

Fourteen news organizations, including the American-Statesman’s parent company, Gannett, filed the lawsuit in August after the DPS turned down hundreds of requests for records such as investigative reports, recordings and officer testimony.

More: As Uvalde questions mount, AG Ken Paxton's office weighs whether to keep records secret

The DPS has faced intense scrutiny after video footage revealed that the organization's officers, and all other law enforcement agencies that responded to the massacre, waited more than 77 minutes before confronting and killing the shooter, who remained inside the two classrooms he targeted, where terrified children who survived the shooting called 911 pleading for help.

Nineteen fourth graders and two teachers were killed in the attack – the deadliest school shooting in Texas history.

After a hearing on March 8, 261st District Court Judge Daniella Deseta Lyttle ruled in favor of the news outlets Thursday, while also ordering the DPS to produce a log of suggested redactions for the requested materials, which is likely to be debated in a future hearing in September.

Texas Department of Public Safety official Victor Escalon speaks at a news briefing May 26, 2022, in Uvalde, days after the deadliest school shooting in the state's history. A judge has ruled that the DPS must release public records related to the mass shooting at Robb Elementary School.
Texas Department of Public Safety official Victor Escalon speaks at a news briefing May 26, 2022, in Uvalde, days after the deadliest school shooting in the state's history. A judge has ruled that the DPS must release public records related to the mass shooting at Robb Elementary School.

"The tragedy in Uvalde demands complete transparency so the families of the 19 children and their two teachers, as well as the community, can fully know what transpired on May 24, 2022,” said Manny García, executive editor of the American-Statesman, in a statement Friday. “The Texas Department of Public Safety has operated in secrecy. We applaud Judge Lyttle's decision. It is the correct one, and the first step towards a full accounting of the failures by authorities at Robb Elementary."

“The litigation remains ongoing,” said a DPS spokesperson in a statement Friday. “No release of information has been ordered at this time and the court anticipates additional hearings in this matter. The department will carefully consider its options when a Final Judgment is entered. We will have no further comment regarding this ongoing litigation.”

In addition to the Statesman’s parent company, Gannett, the other media outlets listed as plaintiffs in the lawsuit include the Texas Tribune, the New York Times Company, the Washington Post, NBC News, ABC News, CBS News, and CNN.

More: Uvalde records lawsuit continues, no closer to a resolution or transparency

Cecil Bellephant, left, joins hands in prayer with Teresa Nira outside of Robb Elementary on May 24, the first anniversary of the school shooting. Fourteen news organizations, including the American-Statesman’s parent company, Gannett, filed a lawsuit in August after the DPS turned down hundreds of requests for public records about the attack, including investigative reports, recordings and officer testimony.

Laura Prather, the lead attorney representing the news organizations in the lawsuit, issued a statement in response to the ruling Thursday.

"This is a huge victory for the community of Uvalde and for transparency in the state of Texas. It's long past time for the Texas Department of Public Safety to release the records detailing what happened the day of the horrific school shooting in May 2022,” Prather said. “Disclosing all of the requested law enforcement information – not just bits and pieces of it – will help the people of Uvalde, the news media and the public at large hold public officials accountable in hopes of preventing a similar tragedy in the future."

State Sen. Roland Gutierrez, D-San Antonio, whose district includes Uvalde and who has been one of the loudest advocates for the victims’ families at the Capitol, also celebrated the ruling.

“The abject failure that happened on May 24, 2022, will forever be a stain on the State of Texas and the Department of Public Safety. The action and, in many cases, inaction of leadership, law enforcement, and government is beyond shameful. People bled out, because Texas failed them. As the nation gasped in horror, and the people of Uvalde stood in shock, Governor Greg Abbott and Director Steve McCraw launched lie after lie to cover-up their failures,” Gutierrez said in a statement issued Friday.

“I am grateful that journalists have been relentless, using every avenue available to them to uncover the truth. This rogue agency and Governor Abbott cannot be allowed to keep us all in the dark. I hope they do not appeal this decision and respect the court’s deadline of August 31st to start bringing these families, and the people of Texas, the justice, transparency, and accountability they deserve.”

More: Uvalde families request to join lawsuit against Texas DPS over mass shooting records

A candlelight vigil in Uvalde on May 24 marked the anniversary of the mass shooting that left two teachers and 19 children dead.
A candlelight vigil in Uvalde on May 24 marked the anniversary of the mass shooting that left two teachers and 19 children dead.

This article originally appeared on Austin American-Statesman: Judge rules in favor of news outlets vs. DPS in suit over Uvalde records