It has been five years since a deadly shooting at a Walmart in El Paso that left 23 dead and 20 more injured, and the state of Texas still has not prosecuted its case against Patrick Crucius.
The man has already been convicted of the murders in a federal trial for the August 3, 2019 mass murder. Crucius drove across Texas to reach the Cielo Vista Walmart near his hometown of Allen. In a manifesto he posted online, Crucius said the attack was “in response to the Hispanic invasion of Texas.” He pleaded guilty in federal court and received 90 life sentences to be served consecutively.
But Texas still wants to prosecute Crucius, and they want the death penalty on the table. Court documents outlining a tentative schedule indicate that it could take until 2026 for the state to bring its case. Judge Sam Medrano issued a schedule on September 23 that calls for jury selection to begin in November of 2025, though another section of the schedule indicates the jury selection may occur in January of 2026.
Jury selection itself sometimes takes months in high-profile cases, especially those that have the death penalty as a possible sentence. That is likely to be the case with the Walmart shooter, as it will be difficult to find dispassionate members of the public for the jury. So many people living locally will have been affected by the murders and/or will know someone who was, making it harder to find those who have not already made up their mind about Crucius’ guilt and what his sentence should be. This is complicated, of course, by the fact that he confessed and pleaded guilty and is already convicted of the murders in federal court.
There will be some state court action this year, as a discovery hearing is set for October 31. “Discovery” is the term used in the court system for the process in which both sides produce their evidence and share it with each other. That hearing may also include the District Attorney’s office and Crucius’ defense team hammering out agreements about evidence.
This timeline by Judge Medrano is the first notice that anyone living around El Paso has had about when and how the state will proceed with the case. Crucius is charged with one count of capital murder (for multiple people) and 22 counts of aggravated assault with a deadly weapon.
The 2019 massacre is one of the deadliest mass shootings in U.S. history.
