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Uvalde

Another lawsuit filed by Uvalde parents

Another one to watch.

The mother of a 10-year-old killed in the Uvalde school shooting has filed a federal lawsuit against the gun-maker and seller, the city of Uvalde, its school district and several law enforcement officers.

Sandra Torres’ daughter Eliahna was one of 19 students and 2 teachers killed by an 18-year-old gunman at Robb Elementary in May.

“I miss her every moment of every day,” Torres said in a joint press release with her lawyers from Everytown for Gun Safety’s legal team and Texas-based LM Law Group. “I’ve brought this lawsuit to seek accountability. No parent should ever go through what I have.”

The new lawsuit alleges that Daniel Defense — the manufacturer of the shooter’s weapon — violated the Federal Trade Commission Act, arguing that the Georgia-based company’s marketing on social media and video games “prime young buyers to purchase AR-15-style rifles as soon as they are legally able.” Earlier this year, gun-maker Remington settled a lawsuit for $73 million with the Sandy Hook shooting victims’ families who had also targeted the company’s marketing.

Torres’ lawsuit also accused Oasis Outback of “reckless dereliction” of selling weapons to the 18-year-old shooter. Some store patrons later told the FBI that he had “appeared odd and looked like one of those school shooters.”

The suit also accuses various law enforcement officers of failing “to follow active shooter protocols.” It argues that their decision to treat the active shooter as a “barricaded subject” inside the two classrooms had violated the victims’ constitutional rights.

[…]

Many of these defendants have also been facing a federal lawsuit filed by the families of three student survivors in September, which alleges that the parties’ actions and negligence contributed to the shooting. This followed another claim filed in August seeking $27 billion from the school district and other government agencies to compensate the victims.

Numerous Uvalde officials and officers have also resigned or been fired over the past few months, and the school district also suspended its entire police department in October. Some are named in Torres’ lawsuit, including former Uvalde school district police Chief Pete Arredondo, Uvalde Police Department’s acting chief Lt. Mariano Pargas, as well as Texas Department of Public Safety’s troopers  Juan Maldonado andCrimson Elizondo.

See here and here for more on the earlier lawsuits; the former is a class action suit that I’m still not sure has actually been filed yet. The Chron adds some details.

The 77-page lawsuit accuses many of the defendants of contributing to wrongful death, negligence and violating the constitutional rights of Eliahna and other victims at Robb Elementary.

“Sometimes the only way you get justice is by filing a lawsuit,” said Blas Delgado of San Antonio, the lead lawyer for the Torres family. “There have been a lot of questions throughout the investigation, and we hope this also helps answer some of them.”

The suit alleges that Daniel Defense “markets its products to adolescent and young men using a range of channels, including social media content, product placements, and print advertising.

“For example, Daniel Defense promotes its products heavily on Instagram, a platform with a young user base,” the lawsuit states.

“Daniel Defense also places its products in video games, and then heavily promotes the video game tie-ins in the company’s social media accounts,” the suit said.

The gun manufacturer did not respond to a request for comment on Monday.

Salvador Ramos of Uvalde bought a DDM4 V7 rifle on Daniel Defense’s website for $2,054.28 on May 16, his 18th birthday.

On another website, he paid $1,761.50 for 1,740 rounds of ammunition for the rifle.

The next day, Ramos went to Oasis Outback and bought a Smith & Wesson M&P15 assault rifle for $1,081.42, the lawsuit said.

The day after that, the teenager went back to Oasis Outback to buy an additional 375 rounds of AR-15 ammunition.

Ramos returned to Oasis Outback again two days later, on May 20, to pick up his Daniel Defense rifle and bought accessories for the weapon.

“Oasis Outback had a duty not to sell weapons to the just-turned 18-year-old shooter, who it knew or reasonably should have known was likely to harm himself or others,” the suit said.

“The shooter was described by patrons of the store as having a nervous disposition and behaving suspiciously.”

“The shooter had purchased two extraordinarily lethal assault weapons and enough ammunition to fight off a small army, as well as a holographic sight and Hellfire Gen 2 trigger system, spending thousands of dollars within days of his 18th birthday,” it stated.

We’ve talked about Daniel Defense before. I’d love to see them at least feel compelled to settle, but suffice it to say I consider that an underdog. With SCOTUS as it is I fear they’re untouchable. But I hope to be proved wrong. Reform Houston and the Current have more.

DPS asks to be rewarded for its abject failure at Uvalde

I like to think that I don’t get easily shocked, but this did it to me.

The Texas Department of Public Safety wants $1.2 billion to turn its training center north of Austin into a full-time statewide law enforcement academy — starting with a state-of-the-art active-shooter facility that would need a nearly half-billion-dollar investment from Texas taxpayers next year.

“You play like you practice,” DPS Director Steve McCraw told budget officials last month. “You need to practice in a real environment.”

If approved, the requested $466.6 million “down payment,” as McCraw called it, in the state’s 2024-25 budget — which won’t be finalized until the middle of next year — would be the start of a six-year proposal to turn the nearly 200-acre Williamson County DPS Tactical Training Center complex in Florence into a Texas law enforcement academy for use by agencies across the state, he said.

The $1.2 billion project figure does not appear in the agency’s legislative appropriations request, which comes at a time when agencies are making their bids for a share of a historic state cash surplus in the next biennium — and against the backdrop of an emotional debate over what the state needs to do to prevent more mass killings.

A “state-of-the-art” active-shooter facility would be built with the first round of funding next year and could be used “right off the bat,” independent of the rest of the proposed upgrades, to immediately enhance active-shooter response by Texas law enforcement, McCraw said in a brief presentation before the Texas Legislative Budget Board on Oct. 4.

If fully funded over the next three budget cycles, the training academy would cost $1.2 billion and eventually include dormitories, a cafeteria and other elements, McCraw said.

“It’s a cost we recognize as a cost that can’t be borne in any one session. It takes time to build it,” McCraw said of the proposed academy.

He did not specify whether the center would charge fees for other law enforcement agencies to use the facility, if it would draw down any federal funding or what it would cost to run the center beyond the six-year construction budget.

DPS officials did not respond to repeated requests for a copy of the proposed plans for the active-shooter facility or the larger multiyear proposal for the academy, information about whether additional land purchases would be needed or the breakdown of the cost estimate for the upgrades.

The proposed active-shooter facility was part of a presentation made by McCraw to captains at the Texas Highway Patrol, an arm of the DPS, according to meeting minutes obtained by The Texas Tribune. The minutes said the facility would include the Advanced Law Enforcement Rapid Response Training program — an active-shooter response training system developed 20 years ago at Texas State University in San Marcos that has been the national standard for active-shooter training for a decade.

[…]

Pete Blair, executive director of the ALERRT center at Texas State, said his San Marcos facility is used for several types of first-responder training as well as active-shooter training on site.

Blair hasn’t seen the DPS plans for the proposed site but said a facility that would be considered state of the art might include reconfigurable walls, cameras and similar technological upgrades.

That’s the sort of technology that would be found at facilities like the federal Military Operations in Urban Terrain facility in Quantico, Virginia, which has 17 structures including a school scenario. Another of the nation’s top-tier facilities is at the Federal Law Enforcement Training Centers Glynco campus, a 1,600-acre facility near Brunswick, Georgia.

Most of the quarter-million first responders the Texas ALERRT center has worked with in the past two decades were trained somewhere besides the Texas State center in San Marcos, Blair said.

“I will say there is a need for training facilities across the state,” Blair said. “We’ve always had more demand than we have money to provide training. So every cycle, it’s been a situation of us having to put departments on the waitlist and say, ‘We’re coming to you, but it’s going to be a while.’”

Here’s my proposal for DPS active shooter training: A single PowerPoint slide that says “Don’t stand around with your thumb up your ass while kids are being murdered.” I can deliver that for a lot less than $1.2 billion, and the results can’t possibly be any worse than what we already had. The idea that we could turn mass shooter situations into a growth industry is just…I can’t. I’m going to go eat some pie. Reform Austin.

Sen. Gutierrez begins his mission to be a pest about Uvalde

One of the things I’ll be watching this session.

Sen. Roland Gutierrez

State Sen. Roland Gutierrez of San Antonio has pre-filed three bills ahead of Texas’ next legislative session that would reform state gun laws and set up a state fund to compensate victims of the Robb Elementary School shooting in Uvalde.

The two gun-related bills would establish high risk protective orders to keep firearms away from potentially dangerous people and raise the age limit to buy any firearm from 18 to 21.

The other proposal would set up a $300 million fund for Uvalde victims and their families and waive legal immunity for state and local law enforcement who responded to the Robb Elementary shooting on May 24.

“We are doing what should have been done after Sutherland Springs, Santa Fe, El Paso, and Midland-Odessa,” the Democrat said in an emailed statement. “Making sure that young killers cannot get their hands on the weaponry that is used in most of these shootings.”

[…]

The next session of the Republican-controlled Texas Legislature session starts in January. So far, Texas GOP leaders have shown no willingness to impose new limits on gun ownership despite multiple high-profile mass killings across the state.

“It’s time for the killing in Texas to stop,” Gutierrez said. “We cannot continue to live in fear of going to school, going to church, shopping for groceries, and just living our lives.”

See here for the background. To be clear, many, many, many bills are filed every session. Few ever see the light of day, and fewer still even get a committee vote. Without Republican backing, these bills aren’t going anywhere. That’s where Sen. Gutierrez’s pledge to force debate by offering gun control measures as amendments on all sorts of other priority legislation comes into play, and is what I’ll be watching for. In the best case scenario, he manages to succeed and get one of these bills passed. More likely, he’s a thorn in Dan Patrick’s side. I’ll take either outcome.

If all we ever do are defensive measures, we’ll never make any progress

I’m not saying we shouldn’t do these things, although some of them definitely should be questioned. I am saying we can’t just do things like these.

The Texas Education Agency announced Thursday a plethora of proposals that would, among other changes, require public schools to install silent panic alarms and automatic locks on exterior doors.

Other proposals include inspecting doors on a weekly basis to make sure they lock and can be opened from the outside only with a key. Two-way emergency radios would also have to be tested regularly. Schools would need to add some sort of vestibules so visitors can wait before being let in, and all ground-level windows would have to be made with bulletproof glass.

These proposed requirements come about five months after a gunman killed 21 people, including 19 children, at Robb Elementary School in Uvalde. The gunman entered a door that had been closed by a teacher, but the automatic lock failed.

If approved, schools would have to start putting in place these safety measures starting in 2023. Before the end of this year, the education department will collect public comments on the proposed rules.

The state has allocated $400 million for increased safety measures that will be disbursed to districts. In the coming weeks, the education department will make a grant application available to districts. Districts will receive those grants based on enrollment, while smaller, rural schools will receive the minimum $200,000.

Proposing these safety measures is the latest action the state has taken to secure schools in the wake of the Uvalde shooting. In June, the education department announced that it would check all the locks on exterior doors prior to the start of the 2022-2023 school year and review every district’s school safety plans.

[…]

As Texas moves forward with different safety measures, experts have said there is no indication that beefing up security in schools has prevented violence. Rather, they can can be detrimental to children, especially Black and Hispanic children. Black students are overrepresented in all types of disciplinary referrals and are more likely to have their behavior addressed by school police officers than their white peers.

School districts also expressed concerns about the cost, because the Lege is famous for under-appropriating funds for things it mandates, and the ability to get this done by the deadline since every other district will be scrambling to do the same and there will be some competition for resources. I share the concern about how effective any of this is – remember that a lot of school shooters are current or former students at the schools in question and can often get through security checkpoints because of that – and of the negative effects on the children at the schools. We’re still dancing around the questions of law enforcement’s response to mass shooting incidents at schools, as certain key players continue to evade accountability. And we can’t even talk about restricting gun sales to people over the age of 21, for reasons that make no sense. There’s an extremely limited range of “solutions” to this problem that are politically acceptable to Republicans, and as long as they remain in power those are the only “solutions” we’re going to get, whether they have any effect or not.

Sen. Gutierrez vows to be a pest about Uvalde and gun control in the next session

I’m rooting for him.

Sen. Roland Gutierrez

As he watched a couple load ice chests into their car at a gas station, something didn’t sit right with Roland Gutierrez. The pair were likely on their way to the lake to enjoy the late May sunshine in San Antonio—a normal way to spend the day, he knew. But Gutierrez, the state senator for District 19, couldn’t help thinking how surreal it is that life continues after a tragedy. He was on his way to Uvalde just days after an 18-year-old had opened fire on a classroom at Robb Elementary School, killing 19 students and two teachers.

“I was thinking how sad it is that … we move on with our lives,” Gutierrez said when we met at his San Antonio law office in September. “It’s not an unnatural thing. I get it. When these things happen, we always say, ‘Oh, it’s just too bad. I feel so sorry for those people.’”

Gutierrez represents a massive district that stretches from his hometown of San Antonio west to Big Bend National Park, encompassing a broad swath of southwest Texas, including Uvalde. The Democrat is relatively new to the Texas Senate, taking office in January 2021. His campaign had promised certain priorities: to push for legalized marijuana, to bolster mental health resources for rural Texans, and to improve public schools. Although he hasn’t dropped these issues, nearly all of his public appearances since May have been about Uvalde.

The shooting “changed me for sure,” Gutierrez said. “I won’t be a singular-issue public servant, but it has become a very, very big issue in my life and in the lives of these new friends that I’ve made. … For these parents … there’s no issue out there that matters if you don’t have your kid.”

Gutierrez, a father of two girls aged 15 and 13, has emerged as one of the most vocal lawmakers in the shooting’s aftermath. He called for accountability from the agencies that responded to the killings, appealed to Governor Greg Abbott to call a special session on gun laws, and sued the Texas Department of Public Safety and its powerful chief Steve McCraw to try and force the release of more records about the massacre. The state police agency’s response to the Uvalde shooting only deepened his concern. He’s been skeptical of DPS ever since the launch of the “bullshit propaganda machine for Greg Abbott” that is Operation Lone Star, the multi-billion-dollar border security initiative in which state troopers play a starring role.

[…]

If re-elected, Gutierrez said, he’ll go into the 2023 legislative session with a no-excuses plan: force the issue on gun reform. He plans to spearhead legislation on age increases for gun purchases, expanded background checks, and red flag laws. If that doesn’t work, he said he’ll force debate by offering gun control measures as amendments on all sorts of other priority legislation.

“If they don’t want to talk about guns, and they don’t want to talk about gun violence in this state, well, I’m going to be talking about it,” Gutierrez said. “We’ll have Uvalde families in there. … As far as I can see, those families aren’t going to stop, nor should they.”

I’m sure there are plenty of procedural ways in which he can make a pain of himself – Dems have had some success in this department in recent years, though generally speaking at some point the weight of the majority wins, if not in the same session. I would hope that he’ll have plenty of company – it’s clear that one of the Republican goals for this session is to limit Democrats’ influence, so it’s not like there’s much to lose. Not everyone needs to be actively involved with this, but plenty of Dems will have little else of substance to do, most likely. May as well make some political hay – if you want the public that agrees with you on the issues to support you in the next election, you have to make sure they know who is and is not on their side.

Sen. Gutierrez is already at work on this.

Texas Sen. Roland Gutierrez released call logs Monday that he said show Gov. Greg Abbott waited hours after the shooting at Uvalde’s Robb Elementary School to have phone conversations about the tragedy with the state’s top cop.

Gutierrez, whose district includes Uvalde, said the late timing of the three calls Abbott made on May 24, the date of the shooting, to the head of the Texas Department of Public Safety, shows the Republican governor’s lack of concern.

So do their brevity, the Democratic senator added. Records show the three calls totaled 31 minutes.

“That’s not what leaders do, but that’s what this person did,” said Gutierrez, who shared the call logs during a Monday press conference.

[…]

During his Monday press event, Gutierrez said he received the call logs 60 days ago but declined to share them until now because he wanted to give the state’s investigation into the shooting “the benefit of the doubt.”

However, Gutierrez said he’s dismayed by the lack of transparency from both DPS and Abbott’s office around the shooting. He also accused the governor of bankrolling recent ads against him.

“If he wants to play politics with me and with South Texas, then we’re going to tell the truth,” Gutierrez said.

“This man has done absolutely nothing, which is why we’re sharing this today,” the senator added.

I might have acted sooner than that, but at least we’re all clear about who has good faith. This will definitely be worth watching come January.

More on hoax school shooter reports

I don’t know when this ends, but I continue to be worried that they will cause a major problem eventually.

This year has seen a significant number of hoax calls across the country. In the three weeks between mid-September and early October, according to an NPR analysis, local news reports documented 113 false calls across the country. Experts say this increase isn’t surprising given that most school shootings inspire copycats to call in false reports of shootings to law enforcement.

The source of these fake threats remains largely unknown. Law enforcement said some originated from local agitators, while others appeared to come from as far away as Ethiopia, NPR reported.

Regardless of the source, Texas law enforcement agencies say all threats are treated as credible until an investigation proves otherwise. But before threats are deemed hoaxes, law enforcement and parents must grapple with the very real fear that another mass shooting could be underway.

The families with children at Robb Elementary School, where a gunman killed 19 children and two teachers, also clashed with police outside the building on the day of the tragedy. Law enforcement took over an hour to confront the shooter, despite the fact that some officers knew children were calling 911 from the classrooms. Police outside the building prevented parents from entering the school, even putting some parents in handcuffs.

Prior to the shooting in Uvalde, the chaotic scene outside of Jefferson High School last month wasn’t the norm, said Deputy Chief David Hightower with the San Antonio Police Department.

“Now we see an increase in parents wanting to sort of take matters into their own hands in order to retrieve their children,” Hightower said.

He said the protocols for responding to active-shooter threats have not changed since the Uvalde shooting, but the heightened anxiety of parents and officers reflects the trauma still resonating across Texas. As a result of elevated fears, Hightower said there have been more officers assigned to communicating with parents.

One of the most recent examples of false active shooter threats in Texas was on Monday, when there was a false active-shooter call at Central Catholic High School in San Antonio. Police evacuated the roughly 500 students from the campus in response. After the lockdown was lifted, school officials said they would make counseling available for its students.

“Events like this shake everyone to the core,” said Kathy Martinez-Prather, the director of the Texas School Safety Center at Texas State University. “It is definitely a situation that is at the top of mind of parents right now.”

Martinez-Prather added students are sharing in the anxiety, which she sees as an opportunity to teach schools about how to remain vigilant. Communicating with teachers and students about how to identify potential threats or concerning behavior is one area Martinez-Prather said schools can target to improve school safety. She also pointed to a guide for parents that details key components of school safety as another communication tool.

See here for some background. I couldn’t get all the ay through that story about the 911 calls from Robb Elementary, it was too upsetting. As I said before, when one of these happened at Heights High School, I think the first job is for law enforcement to make extra sure they not only know what their response procedures are but also that they know how they will operate with other agencies that arrive – at HHS, there was HPD, the Sheriff, various Constables, and I’m sure HISD’s police force in response – and who is in charge. And they very much need to communicate that to the parents, who have a justifiable fear following the tragedy at Robb that they can’t simply rely on law enforcement. That’s a problem in itself, and one of many other things that our state leadership has failed to address after this massacre. It’s on the locals in their absence, and I hope they realize that.

We have different definitions of “failure”

And by “we”, I mean DPS head Steve McCraw and everybody else.

Weeks after Texas Department of Public Safety Director Steve McCraw said he would resign if his troopers had “any culpability” in the botched police response to the Uvalde school shooting, he told families calling for his resignation Thursday that the agency has not failed as an institution.

“If DPS as an institution — as an institution — failed the families, failed the school or failed the community of Uvalde, then absolutely I need to go,” McCraw said during a heated Public Safety Commission meeting. “But I can tell you this right now: DPS as an institution, right now, did not fail the community — plain and simple.”

McCraw made the remark during a frazzled nearly 15 minutes of comments after several families of the 19 children who were killed spoke during the meeting’s public hearing portion. Two teachers were also killed during the May 24 shooting at Robb Elementary.

At least three sets of relatives — as well as state Sen. Roland Gutierrez, D-San Antonio — addressed McCraw, sharing the pain they endure every day and castigating government officials who have failed to release accurate and complete information about the shooting since it occurred.

“Typically when situations like this come up, you expect people to tell you the truth, to be transparent, to own up to their mistakes — nothing much to it,” said an uncle of Jackie Cazares, one of the children killed. “But every single time, it seemed like a lie after lie, misinformation, roadblock after roadblock. You can’t begin the healing process.”

Last week, DPS fired the first trooper in connection to the incident, Sgt. Juan Maldonado, who was one of the first and most senior troopers to get to the school. The agency revealed in September at least five troopers were under investigation for their conduct that day.

[…]

As he spoke, relatives of the victims who were present in the room appeared infuriated. Looking at the leader of the state’s top law enforcement agency, they broke their stare to shake their heads.

Afterward, McCraw told the commission he wanted any families present to have an opportunity to respond.

Brett Cross, whose 10-year-old nephew Uziyah Garcia was among the children killed, walked to a podium.

“Are you a man of your word?” Cross asked.

“Absolutely,” McCraw said.

“Then resign,” Cross responded.

Honestly, I can’t add anything to that. I approve of this message. Texas Public Radio has more.

Reading and writing and DNA kits…

I dunno, man. I just don’t know.

Texas public school systems are set to distribute DNA and fingerprint identification kits for K-8 students to parents who wish to participate.

The state Legislature passed a law in spring 2021 requiring the Texas Education Agency to give inkless in-home fingerprint and DNA identification cards to each public school system in Texas. The kits will be made available at each primary-level campus. The cards are intended to be kept by guardians who can give them to law enforcement in order to potentially help find missing or trafficked children.

In the Houston Independent School District, the largest in the state, kit distribution will begin this week.

“Caregivers are under no obligation to use the kits, but they must be informed by your institution that the available kits will allow them to have a set of their child’s fingerprints and DNA in that they can turn over to law enforcement in case of an emergency,” reads a letter to recently sent to all HISD principals.

Other districts, such as Clear Creek ISD, have already begun to notify parents that the kits are available.

Some families have found the program chilling, considering that police asked parents waiting to find out if their children were slaughtered at Robb Elementary on May 24 to provide DNA samples to help identify the dead.

“When you put it in the light of Uvalde, it’s one of the most macabre things you could think about,” said Bob Sanborn, president of the nonprofit Children at Risk.

Kenneth S. Trump, a national school security consultant, said there may be a value in providing the kits to parents, but said the proximity and timing of the distribution may ring alarm bells for parents and children still reeling from the news of Uvalde.

“On one hand, I see the value in saying, ‘Here’s a tool you can have in case of potential threats,’ ” he said. “But I think we need to be very cautious about crossing the line of do no harm to the point where we are creating more anxiety.”

Messaging from administrators should be clear that the kits are intended to be an extra available resource for parents and guardians in case their children go missing, Trump said.

“Even if it’s about human trafficking or other risks, we need to communicate what is the probability of these events so it’s not creating fear and anxiety suggesting kids are in imminent danger in school,” he said.

I don’t really have much to add to what Messrs. Sanborn and Trump said. I get the reasoning behind that law. It makes sense, though I’d have a lot of questions about data privacy if either of my kids were still in elementary school and could receive one of those kits. But man, thinking about it at all is depressing as hell. I don’t know what else to say.

Uvalde school district suspends its entire police force

Um, wow.

Uvalde school officials on Friday suspended all of the district police department’s activities following the firing of a recently hired district officer who was revealed to have been among the first state troopers to respond to the deadly school shooting in May.

Lt. Miguel Hernandez and Ken Mueller were placed on leave, and other officers employed with the department will fill other roles in the district, according to a Uvalde Consolidated Independent School District press release issued Friday. Mueller decided to retire, the release said.

The release did not specify why Hernandez and Mueller were placed on leave. A district spokesperson did not immediately return phone and email messages.

The decision arrived 10 days after protesters set up at the UCISD administrative building to demand the removal of officers from campus grounds until investigations into the police department’s response to the shooting are complete.

The district said decisions regarding the future of the department had been pending the results of two investigations, but it suspended the department’s activities Friday citing “recent developments that have uncovered additional concerns with department operations.”

[…]

Upon suspending the police department, the district asked DPS for extra troopers for campus and extra-curricular activities, according to the Friday news release.

Berlinda Arreola, the grandmother of Amerie Jo Garza, a 10-year-old who was among the 19 students killed in the shooting, was walking into her workplace when she received an email with news about the suspension of the school district’s police department. Arreola told her supervisor she had to go.

“Go go go go,” the boss told her.

She went to meet other family members of the victims, who have been gathering outside the school district to protest. Arreola said she hugged everybody.

“This was a huge step,” she said. “But there’s still a lot of, there’s still a lot more that needs to be done and so we’re going to continue the fight because we’re not done.”

I did not follow the story of the former DPS trooper, whose name is Crimson Elizondo, who was hired by the Uvalde police despite being under investigation by DPS for the way she responded to the shooting. You can read the story and click the links to catch up as needed. I’m just trying to think of something remotely analogous to this in my memory, and I cannot. I am absolutely stunned. Texas Public Radio has more.

Endorsement watch: Starting out with Susan

The Chron kicks off endorsement season with a fulsome recommendation of Susan Hays for Ag Commissioner.

Susan Hays

Hays, 53, lives in Alpine, where she and her husband purchased land several years ago to grow hemp and hops. Her background is as an attorney and lobbyist, including her 2019 work helping craft the Texas law allowing any hemp product with less than 0.3 percent THC.

Like the Republican incumbent, Sid Miller, she has made medical marijuana legalization central to her campaign.

Hays said she’s taken a close look at other states’ cannabis policies and determined that the successful ones have a well-balanced “three-legged stool” of medicinal access, decriminalization and legalization, all working together to curb the black market and ensure people remain safe.

“You have to think of cannabis regulation holistically,” she told the editorial board, speaking of her frustration with Texas’ piecemeal approach and widely-varying regulations.

[…]

Hays promises to lead the department with integrity, and we think she presents Texans with a better shot at competent leadership than we ever had under Miller. If elected, she told us, her constituents “won’t have to worry if I’m off seeking pseudo medical treatment in another state or directing a staffer to commit unsavory acts for a quick buck.”

She vows to govern pragmatically, not politically, sticking to her duties as agriculture commissioner rather than partisan talking points: “That’s not just abortion and guns — it’s the freeze, it’s seeing the elected officials spend taxpayer dollars and money and media space on often made-up issues, issues based in fear, instead of actually governing,” Hays said.

She seeks to revitalize the State Office of Rural Health, a rural hospital program, and commit the department’s resources to improving rural health care, sorely needed in Texas. The agriculture department oversees the state’s school lunch program, and Hays seeks to make sure students — rural, suburban and urban — are getting healthy Texas food rather than processed food from elsewhere.

If you like a circus act that sucks up oxygen and taxpayer money, vote for Miller. If you want a serious candidate well qualified to run the Texas agriculture department fairly, efficiently, and honestly, we can’t recommend Hays highly enough.

If reading the words isn’t enough for you, listen to my interview with Susan Hays and hear her say these things herself. She’ll make a believer out of you. The Chron editorial necessarily gets into the case against Sid Miller, but they only have so much space for that. It’s so abundantly clear that Hays is the best choice, I don’t know what else to tell you.

On a side note, Beto O’Rourke had himself a pretty good weekend for endorsements, picking them up from the likes of Harry Styles, Willie Nelson, and thirty-five members of Uvalde shooting victims’ families. The ad now running that features the mother of one of the victims is just devastating. I saw it during a football game over the weekend, and it took my breath away. I’m not normally moved by ads, especially political ads – they’re just background noise to me, including the ones for candidates I like. This one was different. Wow.

Uvalde parents file lawsuit against multiple defendants

Keep an eye on this one.

The first major lawsuit has been filed over the mass shooting at Robb Elementary School in Uvalde by the families of three surviving students.

“The horrors of May 24, 2022, were only possible because so many in positions of power were negligent, careless, and reckless,” Stephanie B. Sherman, the lead attorney in the case, said in a statement.

Defendants in the federal lawsuit include the Uvalde Consolidated Independent School District, the city of Uvalde, former school district Police Chief Pedro “Pete” Arredondo, suspended Uvalde Police Lt. Mariano Pargas and then-Robb Principal Mandy Gutierrez.

The families also are suing Daniel Defense, the Georgia manufacturer of the assault-style rifle Salvador Ramos, 18, used in the massacre; gun accessory maker Firequest International Inc., over a mechanism that makes a semi-automatic rifle fire like an automatic; Uvalde gun shop Oasis Outback LLC, which transferred guns Ramos purchased online to the mass shooter; lock manufacturer Schneider Electric, over alleged problems with locks on Robb Elementary doors; and Motorola Solutions, over issues with a dispatch communications system that complicated the police response.

Another defendant: an unknown company, John Doe Company 1, that the lawsuit said the district contracted with to ensure security measures were in place and effective.

The 81-page lawsuit, filed in Del Rio, accuses most defendants of negligence, inaction or defective products or systems that enabled Ramos to buy the firearm, ammunition and gun accessories he used to kill 19 students and two teachers. He wounded 16 others.

[…]

“Due to the conduct of the school and police, and the deliberate choices of the gun makers and sellers to directly market their lethal weapons to young untrained civilians, the shooter bought and assembled a military grade assault weapon with 30-round magazines days after his 18th birthday…,” the lawsuit said.

The plaintiffs include Corina Camacho, the mother of G.M., a 10-year-old boy who was shot in the leg in classroom 112; Tanisha Rodriguez, the mother of G.R., a 9-year old girl who was playing with classmates on the playground when Ramos began firing; and Selena Sanchez and Omar Carbajal, the parents of D.J., an 8-year-old boy who saw the shooter firing as the boy headed from the gym to the nurse’s station.

Sherman and Monique Alarcon, Texas-based attorneys for the Baum Hedlund law firm of California, and attorney Shawn Brown of San Antonio allege a host of civil claims, including intentional infliction of emotional distress, product liability and violations of due process, among others.

The suit seeks undetermined compensatory damages against all defendants and punitive damages against all the defendants except the school district and the city.

There was a class action lawsuit announced in August that perhaps hasn’t been filed yet. The intended defendants are roughly the same, but I see in those earlier stories that there was no mention of who the plaintiffs were, and I believe that’s because the final paperwork hasn’t been filed yet. Of greatest interest to me is the inclusion of the gun manufacturer and sellers – there’s a legal example to follow, but I don’t know how effective it will be. Let’s just say that I wish these plaintiffs, and those who follow them, a lot of luck. The Trib has more.

Another hoax shooting situation

And this one shows another challenge for school districts and law enforcement to reckon with.

After a lockdown at Jefferson High School sent worried parents to the school, the San Antonio Independent School District says it will enhance communications with families in such situations.

On Tuesday, a report of a shooting at Jefferson High School caused the campus to lock down, sparking a chaotic scene outside the school as panicked parents waited for updates. As school district police officers and other law enforcement searched the campus and found the report to be unfounded, verbal disputes erupted between parents and officers. Some parents had to be physically restrained from entering the school. A few parents grappled with police.

The incident showed how parents of school-age children remain concerned about school safety — and law enforcement response — in the wake of the May 24 Uvalde mass school shooting that left 21 dead. School officials said it’s possible the report of a shooting was a hoax.

Superintendent Jaime Aquino sent a letter Wednesday to all district families praising local law enforcement for responding quickly to the shooting report and explaining the district’s lockdown procedures.

“Yesterday, our officers worked seamlessly with the officers from the San Antonio Police Department as part of our unified command protocol,” he wrote in the letter, adding that 29 district officers and 58 San Police Department officers quickly arrived at the scene.

But as the crowd of parents at the scene grew larger, resource officers informed parents they weren’t allowed to enter and that students could not be released because of the lockdown. Parents grew angry and frustrated as they waited for updates on the situation.

An hour and a half after the first notification to parents, the district informed them that no evidence of a shooting had been found, but by that time some physical altercations had broken out on the steps of the high school.

In his letter, Aquino stated that when a school is locked down, students and staff cannot be released “until officers determine that the threat has been resolved, give clearance, and lift the lockdown.”

To improve communication in such incidents, Aquino said the district will send staff to the campus to keep families on the scene informed of what is happening.

See here and here for some background. As before, I don’t blame any of the parents for their reactions. To me, the lesson here is that schools and police need to recalibrate their responses to take into account the level of anxiety parents are (justifiably!) feeling these days. They need to come up with a strategy that allows for quicker and more direct communication to parents, both those who are at the school that has had a (thankfully fake) report of a shooting, and to those who haven’t yet shown up at the school. It’s in everyone’s best interests to do so. I hope HISD is paying attention to this.

The active shooter hoax at our neighborhood school

This made for a super eventful Tuesday afternoon.

Police and panicked parents scrambled to Heights High School Tuesday afternoon, in frantic response to a false report that a gunman had shot 10 people in a room on the 2,400-student Houston ISD campus.

The school went into lock down around 1 p.m., and police officers found the room locked and immediately breached the door, according to Chief Troy Finner. Two sweeps of the school found nothing, according to the Houston Police Department.

“We have no injuries here,” Finner said at a news briefing as a crowd of parents stood at an intersection near the high school. “Thank god for that.”

Officials intend to determine who made the hoax call and hold that person accountable. Finner said police believe the call may have come from outside the school.

“There was no active shooter here — there was a fight,” said Constable Alan Rosen.

An email notified parents later that Heights High, as well as nearby Hogg Middle and Harvard and Travis Elementary schools, were placed in lockdown.

“As a precautionary measure, we went into lockdown mode,” Heights Principal Wendy Hampton said in an email to parents. “Houston Police Department and HISD Police are onsite and continue to investigate, though no evidence has been found to substantiate the threat. We take all threats seriously as the safety of our students and staff is always our top priority.”

As it happens, I had to go into the office Tuesday afternoon. I was headed out a little after 1 PM, and was on Studewood going towards the I-10 entrance when I saw three HPD cars with lights and sirens going headed the other way at full speed. I didn’t give it much thought until after I had arrived at the office, took a minute to check Twitter, and found out what was happening. I don’t currently have any kids at Heights or the other schools that got locked down, but my kids have friends there and I have friends and neighbors who have kids at all of them. It was pretty stressful, to say the least, and I had the luxury of not having to be frantic about my own kids. My thoughts today remain with those parents and those kids.

Shannon Velasquez burst into tears on Tuesday afternoon as she waited on the sidewalk near Heights High School, where her daughter and hundreds more students were locked down in their classrooms after someone made a false report about a mass shooting.

The mother knew her daughter was fine — she had spoken with the sophomore student on FaceTime as she sped to school from work.

Still, she could not shake a horrible feeling, and her frustration bubbled over as she heard conflicting information from parents and officers about where she should go to reunite with her child.

“As if this isn’t bad enough?” she said. “I just can’t wait to put my arms around my kid.”

Anxiety, panic and confusion erupted on Tuesday afternoon in the residential streets surrounding Heights High School. Personnel from at least eight law enforcement agencies sped to the scene with lights and sirens. Panicked parents rushed from jobs and lunch appointments. Some drivers ditched their cars on the grassy median along Heights Boulevard, and walked or ran several blocks to the school.

Parents gathered information from their children, other parents, news reports and officials — eventually learning that their kids were safe and the massive frenzy actually stemmed from a false alarm.

Still, some parents said they were frustrated by sparse communication from the school, district or law enforcement agencies, although HISD and law enforcement agencies have defended their response.

[…]

Luis Morales, HISD spokesman, said notifications went out to parents 23 minutes after the district became aware of the situation.

“We were able to get that out a quicker than we have before,” Morales said, adding that the district must verify information before sending out notifications.

Chief Troy Finner said during a news briefing on Tuesday afternoon that he sympathized with parents who were frustrated. But safety comes before notifications, he said.

“We have to search the school. That is the most important thing — to stop the threat if there’s a threat,” he said. “We don’t have time to call. Once we make it safe, we start making those calls.”

Houston Fire Chief Samuel Pena said more than two dozen units from HFD responded to the scene. The first unit arrived two minutes after HFD received the call, he said, and quickly began coordinating a rescue team with police.

“The community expects the first responders to get on scene quickly, to get on scene and coordinate and start taking action as soon as they get on scene,” he said. “That’s exactly what we did.”

I have nothing but sympathy for the parents here. I was scrambling around looking for accurate information too, and the stakes were much lower for me. I have no doubt I’d have been out of my mind and super upset at how long it took to get updates. I also have a lot of sympathy for HISD and HPD, who were understandably reluctant to get out ahead of what they knew. I don’t have a good answer for this.

As relieved as we all are that this turned out to be nothing, we have to talk about the law enforcement response, since that is an obvious item of interest after Uvalde. In addition to HPD, there were deputies from the Precinct 1 Constable and the Sheriff’s office at the scene, and I assume there were some HISD cops as well. We do know that HPD entered Heights HS in search of the alleged shooter, which is good to know, but we don’t know more than that about who was in charge and who was making what decisions. Given what we know about the thoroughly botched response in Uvalde, this should be used as an opportunity for HPD and HISD to review their processes, make sure they have agreements in place, and so on. In the end, thankfully this was just a drill. We damn well better learn from it.

Coulda Been Worse

Are you ready for some attack ads?

A shadowy new group has purchased at least $6 million in TV ads ahead of the November election and is airing an ad that targets Gov. Greg Abbott as he runs for reelection.

The minute-long ad from Coulda Been Worse LLC, which started airing Friday, rattles off a list of major calamitous events that have happened on Abbott’s watch, like the Uvalde school shooting and 2021 power-grid collapse. As the narrator speaks, a picture slowly zooms out to show Abbott’s face.

“Any one of these — a terrible shame for Texas,” the narrator says at the end. “All of these — a horrific sign something big is terribly, terribly wrong.”

The spot ends with a clip of Abbott saying after the Uvalde massacre that it “could have been worse,” increasingly a rallying cry of Abbott’s critics. Abbott made the comment while praising the law enforcement response to the shooting, which has since been been widely criticized for taking well over an hour to confront the shooter. Abbott later said he was “misled” when he made the comment.

The advertising represents a significant escalation as Abbott fights for a third term against Democratic challenger Beto O’Rourke. Abbott has led O’Rourke by mid-single digits in polls throughout the summer.

Here’s the ad, which I can’t find right now on YouTube in part because there’s a song called “Coulda Been Worse” and in part because there’s a ton of video clips of Abbott’s original “could have been worse” quote.

60-second ads always feel interminable to me, but I’m not sure how you cut this one down. I mostly encounter ads like this when I watch sports – the college and NFL football seasons are just rife with this stuff, especially in even-numbered years – so I’ll be interested to see how often I encounter it. What’s your reaction?

The one big question DPS still hasn’t answered about Uvalde

The Trib gets at something that I’ve mentioned a couple of times.

Ever since the Uvalde elementary school shooting left 19 students and two teachers dead, blame for the delayed response has been thrust on local law enforcement. The school police chief was fired and the city’s acting police chief was suspended.

But the only statewide law enforcement agency, the Texas Department of Public Safety, has largely avoided scrutiny even though it had scores of officers on the scene. That’s in part because DPS leaders are controlling which records get released to the public and carefully shaping a narrative that casts local law enforcement as incompetent.

Now, in the wake of a critical legislative report and body camera footage released by local officials, law enforcement experts from across the country are questioning why DPS didn’t take a lead role in the response as it had done before during other mass shootings and public disasters.

The state police agency is tasked with helping all of Texas’ 254 counties respond to emergencies such as mass shootings, but it is particularly important in rural communities where smaller police departments lack the level of training and experience of larger metropolitan law enforcement agencies, experts say. That was the case in Uvalde, where the state agency’s 91 troopers at the scene dwarfed the school district’s five officers, the city police’s 25 emergency responders and the county’s 16 sheriff’s deputies.

The state police agency has been “totally intransparent in pointing out their own failures and inadequacies,” said Charles A. McClelland, who served as Houston police chief for six years before retiring in 2016. “I don’t know how the public, even in the state of Texas, would have confidence in the leadership of DPS after this.”

Instead of taking charge when it became clear that neither the school’s police chief nor the Uvalde Police Department had assumed command, DPS contributed to the 74-minute chaotic response that did not end until a Border Patrol tactical unit that arrived much later entered the classroom and killed the gunman.

“Here’s what DPS should have done as soon as they got there,” said Patrick O’Burke, a law enforcement consultant and former DPS commander who retired in 2008. “They should have contacted [the school police chief] and said: ‘We’re here. We have people.’ They should have just organized everything, said, ‘What are all of our resources?’ And they should have organized the breach.”

[…]

[Despite testimony from DPS director Steve McCraw], DPS has sprung into action time and again when disaster strikes in Texas, which has proved key during mass shootings and public emergencies, local officials across the state said.

More than three decades ago, for example, state troopers helped local law enforcement confront a gunman after arriving within minutes of a shooting at a Luby’s Cafeteria in Killeen, about 60 miles north of Austin. The shooter killed himself after a brief exchange of gunfire.

“They knew that people were dying, and so they acted,” said Suzanna Hupp, a former Republican state representative whose parents died during the 1991 Luby’s massacre. She said that didn’t happen in Uvalde, adding that “clearly there was a command breakdown there.”

In a 2013 chemical explosion in West, about 70 miles south of Dallas, state troopers immediately took control of the law enforcement response at the request of the county’s emergency management coordinator. And in the 2018 shooting at Santa Fe High School, about 30 miles south of Houston, state troopers quickly fired at the gunman, according to local law enforcement officials who initially responded. The rapid engagement by school police and DPS was key to the gunman surrendering, district and county officials said.

“DPS had a tremendous role in Santa Fe of stopping the killing because they were among the first to arrive and they actually did what they were supposed to,” said Texas City Independent School District trustee Mike Matranga, the district’s security chief at the time of the shooting. He added that, in Uvalde, DPS supervisors “should have essentially asked [Arredondo] to stand down due to his ineffectiveness and taken over.”

Police experts and lawmakers pointed to clear signs that they believe should have alerted emergency responders that no one was in control. Arredondo, who resigned from his elected City Council seat in July and was fired from the school district on Aug. 24, remained inside the hallway on the phone during the shooting. He said he was trying to find a key to the classroom that the gunman was in. Investigators later determined that the door was likely unlocked. The school police chief did not identify himself as the incident commander and told The Texas Tribune he never issued any orders; his lawyer later said his firing was unjust. In a letter, Arredondo’s attorneys said the police chief “could not have served as the incident commander and did not attempt to take that role” because he was on the front lines.

Separately, no command post was set up outside of the school, which lawmakers noted should have been an indicator to responding officers that no one was in charge.

[…]

The disconnect over who should take charge and when exemplifies a need for detailed planning and frequent training between larger law enforcement agencies and smaller departments, police experts told ProPublica and the Tribune.

Larger agencies with more personnel, equipment and training should have agreements with school districts that clearly state that they will assume command upon arriving at critical incidents that include active shooters, hostage situations and explosive devices, said Gil Kerlikowske, a former Seattle police chief and CBP commissioner until 2017. He and other experts said that even if school police are designated as the lead, the role of every law enforcement agency in the region should be specified.

San Antonio, one of the state’s biggest police departments, has such agreements with local school districts and universities that name the bigger city police agency as the incident commander in the event of a mass shooting. After the Uvalde shooting, San Antonio police Chief William McManus met with school officials in his city and reminded them that his agency would take charge in an active shooter situation.

McManus, whose officers arrived in Uvalde after the gunman was killed, said in an interview that because of the confusion at the scene, he felt the need to emphasize how his department would respond to such an incident in San Antonio.

It is unclear what, if any, involvement DPS or another law enforcement agency had with the Uvalde school district’s mass shooting plan because those governmental bodies declined to release such documents or answer questions. The state police did not have a written memorandum of agreement with the school district outlining its role in such situations, according to DPS records.

Who’s in charge in these situations is a question I’ve raised a few times in writing about this, when the legislative report was released and when the HISD board addressed the question. This is an area where I believe the Lege can and should take action, by requiring school districts (and hell, colleges and universities and community colleges) to have some kind of agreement with either local or state law enforcement agencies and ensuring some minimum standards are met. It’s also a big question for DPS to answer: Why didn’t you take over at Uvalde? Steve McCraw has addressed that already, but I don’t think we should believe him. Certainly, not as long as DPS is being sued over its refusal to release its information to the public about their actions, anything McCraw says should be taken as self-serving first and foremost. And those same questions also go to Greg Abbott, who is McCraw’s boss and patron. Both of them have gotten away with doing nothing for a long time. We need to make sure that time runs out.

Five DPS agents being investigated for their Uvalde actions

It’s a start. It just can’t be the end.

Five Texas Department of Public Safety officers who responded to the Uvalde school shooting in May will face an investigation into their actions at Robb Elementary, the agency said.

The officers were referred to the inspector general’s office, which will determine if they violated any policies in their response to the deadliest school shooting in Texas history, said DPS spokesperson Travis Considine. The inspector general’s office will also determine if the five officers will face disciplinary actions.

The investigation was first reported by the Austin American-Statesman and KVUE.

[…]

The announcement of an investigation into five DPS officers coincided with the first day of classes for Uvalde students, which marks 15 weeks since the shooting. Following Arredondo’s firing, residents called for further accountability from public officials, including the firing of school district employees.

Arnulfo Reyes, a Robb Elementary teacher who was shot and injured in Room 111, said the investigation into DPS officers “will give the families a sense of accountability” that they’ve demanded.

Reyes didn’t go back to teach his fourth-grade class Tuesday because he is still mentally and physically recovering from injuries to his left arm and lower back. Before the gunman was confronted, Reyes could hear officers outside of his classroom trying to negotiate with the 18-year-old. When officers stopped talking, Reyes thought the officers had “abandoned” him and his students.

He added that he hopes other agencies’ officers are also investigated.

“It’s a glimmer of hope that there will be justice served,” Reyes said.

The story goes into the House committee investigation and report, and the responses from DPS director Steve McCraw, among other things with which we are familiar. I say this is a good start because there needs to be a transparent investigation into everyone’s actions on that horrible day. It’s not just Pete Arredondo and the local cops, and it’s also not just DPS. We need a full accounting of what happened, with consequences as needed for those who should face them. Until then, this is all unfinished business.

Abbott weasels on raising the minimum age to buy an assault weapon

Typical.

Gov. Greg Abbott said Wednesday that it would be unconstitutional to increase the minimum age to buy assault-style rifles from 18 to 21 years old — a key proposal Uvalde parents have called for after an 18-year-old gunned down their children’s school in May.

“It is clear that the gun control law that they are seeking in Uvalde — as much as they may want it — has already been ruled as unconstitutional,” Abbott said at a reelection campaign event in Allen.

The gunman in Uvalde bought two AR-15-style rifles days after he turned 18, the legal purchasing age in Texas, and used those weapons to kill 19 students and two teachers at Robb Elementary.

In the aftermath of the shooting, Texas Senate Democrats have asked for a special legislative session to increase the minimum age to purchase a semi-automatic rifle. Families of Uvalde victims and survivors also have pushed for a three-year increase to the legal purchasing age.

[…]

In the days after the shooting in Uvalde, Abbott was asked if he would consider banning assault-style weapons for 18-year-olds. The governor at the time appeared hesitant.

“Ever since Texas has been a state, an 18-year-old has had the ability to buy a long gun, a rifle. Since that time, it seems like it’s only been in the past decade or two that we’ve had school shootings. For a century and a half, 18-year-olds could buy rifles and we didn’t have school shootings. But we do,” Abbott said. “Maybe we’re focusing our attention on the wrong thing.”

Abbott that day was immediately interrupted by state Sen. Roland Gutierrez, D-San Antonio, who said, “Your own colleagues are telling me, calling me and telling me an 18-year-old shouldn’t have a gun. This is enough. Call us back, man.”

“Simply doing nothing is about as evil as it comes,” Gutierrez later said in June.

See here for the ruling Abbott refers to. I’ll get to the legal stuff in a minute, but first as you might imagine, not everyone cared for this response.

A video of Abbott making the claim circulated on social media, drawing reactions from Texas leaders and Uvalde parents. Brett Cross, father 8-year-old victim Uziyah Garcia’s father, tweeted a video in response to Abbott, noting the “parents matter” signs.

“What parents are you referring to actually? Because it’s not us in Uvalde,” Cross said. Cross also claimed that during a conversation he had in person with Abbott, the governor shut down any talks about changing gun laws because it wouldn’t have changed anything. Abbott allegedly pointed to the 17-year-old gunman from the Santa Fe High School shooting in 2018, Cross said.

“Except it would have,” Cross said. “You see that piece of s–t that murdered our children legally bought that damn gun. You could do something about it. You’re just too chicken s–t to do it. So don’t sit there and act like you’re for the people, that you’re for the parents, that you’re for the children, because you don’t give a damn.”

Cross continued: “But I implore you, make a liar out of me. Call a special session. Or don’t and prove me right. The choice is yours buddy.”

Abbott’s office did not immediately on Wednesday return a request for comment on his conversation with Cross.

The video also drew reactions from other Texas leaders. Austin Mayor Steve Adler tweeted in response: “Seven states have raised the minimum age to 21. It is possible.”

Abbott’s Democratic gubernatorial opponent Beto O’Rourke denied the governor’s claim, writing on Twitter: “Yes, it is. And thanks to the leadership of the families in Uvalde, we are going to do it.”

David Hogg, gun control activist and survivor of the Stoneman Douglass High School shooting tweeted: “Bulls–t we did it in Florida.”

The most obvious thing to point out here is that this ruling can be, and should be appealed. Indeed, the judge in question put his ruling on hold for 30 days pending appeal. That stay can be extended by the appeals court or SCOTUS, and at this point we don’t know what a final ruling will be. That ruling was about carrying handguns, and the demand here is about buying assault weapons, so even if the ruling in this case is eventually upheld, it doesn’t mean that a law raising the age to 21 for assault weapons would be illegal under it. Actual legal experts agree with me on these points!

At least seven states — California, Florida, Hawaii, Illinois, New York, Vermont and Washington — have passed legislation raising the legal purchase age for sales of long guns, and several are still cases regarding those laws are winding their way through the courts.

“It’s an unsettled question whether states can restrict guns to people under 21,” said Adam Winkler, a UCLA law professor who studies gun policy. “There are court cases going both ways … This is one of many issues the Supreme Court is going to have to take up in the coming years.”

[…]

David Pucino, deputy chief counsel for the Giffords Law Center to Prevent Gun Violence, said there is a well-grounded case to be made that age restrictions are lawful and in keeping with historical laws.

“There is really strong law and strong history to support the principle that you can have these restrictions,” Pucino said. “Historically, the age of 21 was the age of majority (legal adulthood); it’s only a far more recent development that it’s been lowered to the age of 18.”

Pucino added that the cases to which Abbott refers had to do with carrying of handguns, not purchasing of assault weapons.

“An important distinction is that handguns are recognized by the Supreme Court as being the quintessential weapon for self-defense, and that is absolutely not the case with assault weapons,” Pucino said. “These rifles in particular have offensive capabilities, and that’s their distinguishing feature is the fact that they can be used to inflict an incredible and horrifying amount of damage in a very short period of time.”

Greg Abbott is a lawyer and he knows these things perfectly well. He just doesn’t want to deal with them, and so he dodges the question. Oh, and did I mention that the state of Texas is the defendant in that handgun lawsuit? The state of Texas is the party that would be making the appeal of that ruling. If it chooses to, of course, which is also a thing Greg Abbott has a say in. Don’t believe his “we can’t do anything” baloney.

Another lawsuit over Uvalde public information

This all really is ridiculous.

The Texas Tribune, along with a group of other news organizations, filed a lawsuit Monday against the city of Uvalde, the Uvalde County Sheriff’s Office and the Uvalde Consolidated Independent School District asking a judge to order the release of records related to the May 24 shooting at Robb Elementary School.

The lawsuit states that the local entities have unlawfully withheld information detailing the actions of their dozens of law enforcement officers who responded to the massacre, which the news organizations requested under the Texas Public Information Act. These records include 911 calls, radio traffic, officer body camera footage, police reports, training materials and school surveillance footage.

“For more than three months, the City of Uvalde, Uvalde CISD and Uvalde Sheriff’s Office have resisted the community’s calls for transparency and accountability,” said Laura Lee Prather, a First Amendment lawyer at Haynes Boone who represents the plaintiffs. “Their obfuscation has only prolonged the pain and grief of this tragedy. Today we are asking the Uvalde District Court to heed the call of the community and recognize that the public is entitled to these records under Texas law. We ask that the court grant our petition so that the people of Uvalde can understand the truth about what happened that fateful day.”

[…]

The Tribune and other news organizations also previously filed suit against the Department of Public Safety over its refusal to release records related to the shooting. The agency’s director publicly pinned much of the blame for the flawed police response on the Uvalde school district police chief, though DPS has repeatedly declined to detail the actions of most of its 91 officers who were on the scene.

The city, county and school district have sought permission from the state’s attorney general to withhold information requested by the news organizations. Under the state’s public records law, documents can be exempted from public disclosure in certain circumstances. The lawsuit states that even after the attorney general informed the city of Uvalde that it could not withhold some documents sought by journalists, the city has yet to release them.

Other news outlets that joined Monday’s lawsuit include ProPublica, The New York Times Co., The Washington Post, Gannett, NBC News, ABC News, CBS News and Dow Jones & Co.

See here for some background on the previous lawsuit against DPS. That one was filed in Travis County, this one in Uvalde County. DPS had also been sued by State Sen. Roland Gutierrez, but it was dismissed for not having been filed correctly. I’m about as unsympathetic to the claims of whatever secrecy these entities have made, and even more so for their lack of action where they don’t even have that excuse. The public deserves to know, and these entities are just covering their asses. It’s long past time for us all to find out more about what happened.

More on the Uvalde class action lawsuit

A few more details, anyway.

Charles Bonner served the Uvalde Consolidated Independent School District with the multibillion-dollar claim Monday, requesting compensation for the victims. Bonner told The Texas Tribune he intended to serve Uvalde city leaders on Tuesday evening at a City Council meeting.

As evidence of the school district’s responsibility, the claim pointed to a Texas House committee’s report that investigated the shooting as well as law enforcement’s response. The report, which was published a month ago, found that “systemic failures and egregious poor decision making” contributed to the gunman’s ability to get inside a classroom and law enforcement’s delayed response in confronting him.

[…]

The claim, which could become a precursor to a class-action lawsuit, puts the would-be defendants of a potential suit on notice. Bonner said he hopes to reach a settlement ahead of the class-action suit, but if those parties don’t come to the negotiating table, he plans to file the federal lawsuit in September.

Bonner said the claim seeks to establish a medical monitoring fund to pay for counseling for those affected by the incident and further compensation for the victims of the shooting, their families and the other people in the school on the day of the tragedy.

As it stands, the class named in the prospective lawsuit covers nine families of shooting victims, but Bonner said he expects that more people impacted by the shooting will sign on moving forward.

“The theme of this invitation to negotiate is accountability, responsibility and justice, and that’s what we want for everyone in that class. We will leave no victim behind,” Bonner said.

See here for some background on the lawsuit, and here for more on that House committee report. I don’t know what might qualify this as a class action lawsuit – I know that having multiple plaintiffs isn’t enough for that. I do know that $27 billion could pay for a lot of counseling and still provide for significant “further compensation”. I don’t expect there to be a settlement, though one presumes with an opening bid of $27 billion there’s plenty of room to negotiate, so we’ll see what the filing looks like next month. Any lawyers want to comment on this? ABC News and the Express News have more.

Arredondo fired

Took awhile, but there it is.

The Uvalde school board agreed Wednesday to fire Pete Arredondo, the school district police chief broadly criticized for his response to the deadliest school shooting in Texas history, in a vote that came shortly after he asked to be taken off of suspension and receive backpay.

Arredondo, widely blamed for law enforcement’s delayed response in confronting the gunman who killed 21 people at Robb Elementary, made the request for reinstatement through his attorney, George E. Hyde. The meeting came exactly three months after a gunman killed 19 students and two teachers at the school.

“Chief Arredondo will not participate in his own illegal and unconstitutional public lynching and respectfully requests the Board immediately reinstate him, with all backpay and benefits and close the complaint as unfounded,” Hyde said in a statement.

Arredondo didn’t attend the meeting, citing death threats made against him.

But about 100 people, including relatives of the shooting victims, showed up for the vote. Many chanted “coward” and “no justice, no peace.” Four people spoke during a public comment period before the seven-member board went into closed session to deliberate Arredondo’s employment, criticizing the decision to not discuss the matter in front of the public.

[…]

In his statement Wednesday, Arredondo’s lawyer said that the school district violated his constitutional due process rights by failing to provide him notice of the complaints against him and conduct an investigation of his response to the mass shooting ahead of the termination hearing.

Arredondo’s lawyer said that he received an email from the district on July 19, recommending his termination based on his failure to establish himself as the incident commander during the shooting, but argued the letter should have been sent earlier and in a physical format.

Arredondo was listed in the district’s active-shooter plan as the commanding officer, but the consensus of those interviewed by the House committee was that Arredondo did not assume that role and no one else took over for him, which resulted in a chaotic law enforcement response.

See here and here for some background. I wasn’t particularly inclined to be sympathetic to Pete Arredondo, though I do agree that not all of the blame for the law enforcement response at Robb Elementary is his and I will push back against DPS’ self-serving efforts to scapegoat him, but that’s about as far as I’ll go. Seeing him refer to this as a “lynching” and whining about his “constitutional rights” in an employment matter confirms to me that I’m in the right place. Go away and find another line of work, dude. We’ll all be better off that way.

Class action lawsuit for Uvalde parents being prepped

There are a lot of blanks to be filled in for this. You can be sure I’ll be watching for them.

Some of the families affected by the Robb Elementary School mass shooting are now a part of a major lawsuit.

The class action lawsuit, which was announced Sunday, is going after several law enforcement agencies as well as the manufacturer of the gun used in the massacre.

”What we intend to do (is) to help serve this community, and that is to file a $27 billion civil rights lawsuit under our United States Constitution, one-of-a-kind in the whole world,” attorney Charles Bonner of Bonner & Bonner Law said.

The civil rights attorney is holding no punches. He intends to file a class action lawsuit against anyone who can be held responsible for what happened inside Robb Elementary on May 24.

“We have the school police, OK, Arredondo, we have the city police, and we have the sheriffs and we have the Texas Rangers, the DPS and we have the Border Patrol,” Bonner said.

The defendants also include gun manufacturer Daniel Defense and Oasis Outback, where the gunman bought the weapon used in the shooting.

“There will be some institutional defendants as well, such as school board or such as City Council or such as the City of the Uvalde,” Bonner said.

[…]

The suit is being filed on constitutionality, as Bonner said the victims, survivors, and their families had their 14th Amendment rights violated.

“People have a right to life under the 14th Amendment and what we’ve seen here is that the law enforcement agencies have shown a deliberate conscious disregard of the life,” Bonner said.

Bonner’s law firm is taking on this class action lawsuit with a team of other firms, including a local Uvalde law office and Everytown, a gun safety organization.

See here and here for some background, though it’s not clear to me that there’s a connection between the previous actions we’ve seen and this pending case. Attorney Bonner says he will file in September, after the Justice Department releases its report on Uvalde and the various law enforcement failures.

I have no idea what to expect from this lawsuit. I think the odds of the plaintiffs winning a judgment whose dollar value starts with a B are vanishingly small, but they could win multiple millions. How long it takes, and what the fallout from it might be – assuming they do in fact win and not have the suit tossed by an appeals court or SCOTUS – is anyone’s guess. We’ll know a little bit more next month.

A long look at the lack of accountability in Uvalde

CNN has a very long piece about how there are many investigations going on about the Uvalde massacre but seemingly little to hold anyone accountable for it. Uvalde residents, especially the parents of Robb Elementary children, are increasingly frustrated with the lack of information and the lack of action.

At Uvalde school district and city council meetings this week, community members again pressed their elected officials on why officers at the school that day haven’t been relegated to desk duty or fired. The school district superintendent also was asked why he had not sought an independent investigation into the tragedy, and the mayor was pressed on how and why the city chose an Austin, Texas, investigator to lead its internal review.

“We have yet, almost three months later, to hear any answers or to see any accountability from anybody at any level — from law enforcement officers, to campus staff, to central office and beyond,” Uvalde resident Diana Olvedo-Karau told the school board. “And we just don’t understand why. I mean, how can we lose 19 children and two teachers tragically, just horribly, and not have anybody yet be accountable.”

“It’s approaching three months, and we are still being placated with tidbits or being outright stonewalled or being given excuses” about the city police department’s response, said resident Michele Prouty, who passed out complaint forms against Uvalde police at Tuesday’s city council meeting. “What we have instead — what we are traumatized again and again by — is an inept, unstructured national embarrassment of a circus tent full of smug clowns. These clowns continue to cruise our streets sporting their tarnished badges.”

A looming US Department of Justice after-action report has perhaps the strongest chance of giving a clear understanding of how the day’s horrific events unfolded, experts who spoke to CNN said. Such reports tend to home in on opportunities for improvement, while discipline typically must be backed by precise allegations that would hold up if challenged by an officer or subject to court hearings or arbitration processes.

But it’s not clear precisely what parameters those who are overseeing reviews of the city and school district police departments are using to identify systemic failures or root out findings that could lead to discipline for officers.

The Texas Department of Public Safety has said its wide-ranging internal review could result in referrals to an inspector general. The agency also is conducting the criminal investigation into the Uvalde massacre itself — probing details such as how the shooter got his guns and his online communications before the attack — separate from the internal review of its officers’ conduct at Robb Elementary. Part of that work, it has said, is “examining the actions of every member of (a) law enforcement agency that day.” But it’s not clear whether officers are cooperating with the inquiry.

The district attorney reviewing the criminal investigation, Christina Mitchell Busbee, said she would “seek an indictment on a law enforcement officer for a criminal offense, when appropriate, under the laws of Texas.” But it’s not clear under what law any officer might be charged or whether evidence so far supports charges.

Meantime, how Texas DPS has cast its own role in the tragedy already has come under scrutiny. Its officers were at Robb Elementary earlier than previously known — and longer than Texas DPS has publicly acknowledged — materials reviewed by CNN show, with at least one DPS trooper seen running toward the school, taking cover behind a vehicle and then running toward an entrance within 2-1/2 minutes of the shooter entering. The agency’s director instead publicly has focused on when the first DPS agent entered the hallway where classrooms were under attack.

Further, a Texas DPS spokesperson who made three phone calls to a DPS sergeant inside the school during the 70-plus minutes officers waited to confront the gunman later gave journalists a narrative that quickly unraveled. Since then, news organizations, including CNN, have sued the Texas DPS for access to public records related to the massacre.

Amid the inconsistencies, the head of the state’s largest police union, along with a senior state lawmaker, have questioned Texas DPS’s ability to investigate itself. “I don’t know that we can trust them to do an internal investigation,” Charley Wilkison, executive director of the Combined Law Enforcement Associations of Texas, told CNN.

“It would be best if the investigation were headed up by an outside independent source that the public can have total confidence in,” said Wilkison, whose union represents law enforcement officers across the state, including some in Uvalde. 

[…]

It’s not clear whether any internal city investigation was underway between the May 24 massacre and the announcement of the internal investigation, though best practices for investigations dictate they usually begin as close to the incident as possible.

Then at a July 26 city council meeting, city officials said they’d hired the firm of Jesse Prado, a former Austin police homicide detective, to lead their review. Council members said their investigator should finish his work within two months, then Prado will make recommendations — possibly including disciplinary actions — to the council.

“If there’s any officer that’s in violation of any policy or procedure that they needed to act on and did not and might have caused these children to die, these teachers to die, I can assure you, heads are going to roll,” Uvalde City Councilmember Hector Luevano said during the session. Prado declined to comment for this story.

City officials, meantime, have refused for nearly two weeks to answer questions about their review of officers’ actions that day. Tarski Law, listed on the city council’s website as city attorney, also declined to comment and referred questions to Gina Eisenberg, president of a public relations firm that specializes in “crisis communications” and was hired by the city to field media requests. Eisenberg said the city would not comment. McLaughlin, the mayor, said Tuesday he couldn’t characterize the city’s relationship with Eisenberg, who hired her or who is paying her bill, saying, “I don’t know anything about her. I have nothing to do with it.”

Eisenberg also declined to answer questions about the city police department review process. McLaughlin was certain such a process existed but wasn’t aware of related procedures, he told CNN on Tuesday. The internal investigation led by Prado was launched August 1, Eisenberg said. The city attorney chose Prado for the job without a bidding process and based on word-of-mouth recommendations, the mayor told CNN; Tarski Law referred CNN to Eisenberg, who wouldn’t provide a copy of its contract with Prado’s firm, explain what the department’s internal affairs process was before the shooting or say whether that process was used at any time before Prado was hired. Eisenberg said the city would not release further information or comment.

The full scope of Prado’s investigation also isn’t clear — whether he’s conducting an after-action review meant to identify failures for future understanding or investigating specific allegations of broken rules in response to internal complaints, or some hybrid. Prado will have “free range to take the investigation wherever the investigation takes him,” McLaughlin told CNN on Tuesday. While it’s unlikely Prado’s source materials will be released, the mayor said, he vowed to make Prado’s report public after first sharing it with victims’ families — “if I have any say in it.”

“When we see that report, whatever it tells us we need to do and changes we need to make — if it tells us we need to let people go or whatever it tells us — then that’s what we will do,” McLaughlin told CNN.

[…]

While it’s unclear when any of the reviews of law enforcement’s response to the Uvalde massacre will wrap up, the Texas DPS probe — like the others — could have implications for its own and other officers, raising the stakes for how impartially and transparently it’s handled. As with the other probes, too, how it’s conducted and what it concludes will impact what closure families of the slain in this small, tortured city can receive.

Texas DPS “was fast to wash its hands, to point fingers and to make sure that the general public, particularly the elected officials, knew that they were spotless, blameless and that this was a local problem,” said Wilkison, the police union chief.  ”No one created this environment, (in) which everyone’s to blame except DPS. No one did that except them. If we’re to never, ever let this happen in Texas, we have to know what happened, exactly what happened.”

Even with that long excerpt, there’s a ton more at the link, so go read the whole thing. I can’t say I’m a big fan of CLEAT, but Charley Wilkison is right that the report DPS is working on is deeply suspect. I expect that the Justice Department probe will be the most useful, but all they can do is make recommendations. They have no power to change anything. That’s up to DPS and the locals themselves, and it’s clear none of them are particularly motivated to examine themselves.

As I see it, there are two paths to actually making things happen. One is through lawsuits, filed by the parents of the murdered children. File against DPS, against the city of Uvalde, the Uvalde police and the Uvalde school police, and so forth. This will be painful for them, it will take years to get to a conclusion, and it will be a massive fight to get the kind of information they’ve been demanding released, but the discovery process once it kicks in will be a very effective provider of sunlight. The downside is as noted – it will take years and be traumatic over and over again for the families – but in the end I would expect to finally get a real view of what happened, and maybe some financial penalties for the malfunctioning government entities.

The other is through elections. The people of Uvalde should give strong consideration to voting out their entire city and school district governments. Maybe some of those same parents might want to run for one or more of those offices. You want transparency, put some people in power who are truly committed to it. Along those same lines, voting in a new Governor would be the most direct route to getting transparency from DPS. I feel quite confident that Governor Beto O’Rourke will be delighted to appoint a new head of DPS with a mandate to clean house and make public all of the things that department did wrong in this debacle. Nothing like a little regime change to make things happen.

HISD buys stuff for its police

Okay, but I hope the plan to deal with an active shooter has more than this in it.

Houston ISD trustees Thursday evening approved a measure to buy 200 rifles, ammunition and 200 ballistic shields for the district’s police department, which Superintendent Millard House II said last week was not prepared with its current equipment to stop an active shooter.

Trustees voted 6-3 on the purchase after spending roughly an hour in closed executive session discussing the item and about 20 minutes of intense discussion from the dais. Trustee Dani Hernandez proposed postponing the measure by a week because she was “not willing” to proceed without more specific information. That effort, however, failed with a 3-6 vote.

Earlier in the meeting, about a dozen speakers urged the board to delay the vote or to vote no.

“I need more information about the broader safety plan for the district in general. At this time, I don’t believe I have all the information I need,” Hernandez said before the vote. “I don’t think that we have explored all options at this point — safety is essential for HISD.”

HISD Police Chief Pete Lopez told the board last week he was confident in the training the police department had received but he did “not have a lot of confidence in preparing our officers to encounter a suspect without the proper equipment.” The equipment to be purchased would be used to help with scenario-based training to learn how to respond to such a threat.

“My officers are dedicated to our students and to our staff and regardless if we have the equipment or not, we are still going to respond,” Lopez said after the vote. “This act tonight will allow us to respond in a safer manner.”

The police gear will be for specific situations, not items that police will walk around with, House said.

“The bigger issue here is ensuring that they have all the tools possible so that they can be as safe as possible,” House said, “and provide the kind of safety that we want to provide on campuses.”

See here for the background. While in general I tend to think that most police departments have (and spend money on) too much stuff, I don’t have an opinion on this particular purchase. I’ll accept that they need it in the absence of any evidence to the contrary. I will just say again that all the manpower and equipment added up to diddly squat in Uvalde, so what I want – what I would think we would all want – is to know that there’s a plan in place for this kind of horrific scenario, and training in place to back it up. I still haven’t seen any talk about that, and that concerns me. Buying stuff is the easy part. Please reassure all of us that you’re at least working on the hard part, HISD.

Motherfuckergate

Sometimes, I just enjoy a a story about swearing.

Beto O’Rourke confronted a heckler Wednesday at a campaign event who laughed while he was talking about the Uvalde school shooting, telling the person, “It may be funny to you, motherfucker, but it is not funny to me.”

The moment, which spread quickly online afterward, came as the Democratic gubernatorial challenger was hosting an evening town hall in Mineral Wells. On live broadcasts of the event, loud laughing could be heard as O’Rourke described the impact of AR-15s, dropping to a knee to emphasize what he said were the wartime capabilities of the firearm.

O’Rourke’s admonishment of the person drew sustained applause and cheers from the crowd. He quickly moved on in his stump speech, talking about wanting to keep kids safe as the school year begins.

It is unclear who exactly was laughing, but tweets from the event showed there was a group of protesters present holding campaign signs for Republican Gov. Greg Abbott. On one live broadcast, the camera panned to the group after O’Rourke’s response and showed one of them laughing.

“Nothing more serious to me than getting justice for the families in Uvalde and stopping this from ever happening again,” O’Rourke tweeted afterward.

It was not the first time O’Rourke has addressed heckling at an event while discussing gun violence. He responded less explicitly last month in Snyder, telling the person, “Might be funny to you. It isn’t to me.”

It’s well known by this point that Beto has a potty mouth, which for many of us is part of his appeal. I don’t know why this particular example of said saltiness went national, but it did. The story notes that while there have been some examples of tension and conflict at Beto rallies with Republican protesters and troublemakers, there have also been examples of Beto engaging with these Republicans in a fairly cordial and civil manner. There were enough of these that Team Abbott warned its supporters to avoid wearing GOP-branded attire to Beto rallies, for fear they may get involved in one of these examples of civil discourse and thus used as part of the case for Beto. Anway, while I don’t engage in a lot of profanity on this blog, sometimes one has to do what one has to do.

Also, too:

I mean, I know which of the two I find far more offensive.

DPS can keep Uvalde info secret for now

Hopefully not for much longer.

Sen. Roland Gutierrez

A state district judge ruled Wednesday that the Department of Public Safety does not have to turn over records related to the Uvalde school shooting sought by state Sen. Roland Gutierrez, who had sued the state police in hopes of securing them.

The order by Travis County 419th Civil District Court Judge Catherine A. Mauzy was narrow, however, and sidestepped the question of whether the state police can withhold records concerning their response to the May 24 massacre at Robb Elementary School. Mauzy concluded that Gutierrez had not properly filed his request under the Texas Public Information Act, the state’s public records law, and therefore DPS was not obligated to fulfill it.

Still, the outcome grants a reprieve for the state police, who have fought to keep secret the details of how 91 officers responded to the shooting. Gutierrez, whose district includes Uvalde, wrote a letter to DPS Director Steve McCraw on May 30, requesting the agency’s training manuals as well as any documents that detail how the state police responded to the shooting that day. In a hearing last week, DPS officials said that request should have gone to the agency’s media relations office.

Gutierrez said Wednesday he disagreed with the ruling and suggested the state police were simply looking for an excuse not to comply with his request. The lawmaker has been among the most critical state officials of how DPS has handled the shooting.

“It is most absurd that Department of Public Safety continues to fight even the most benign distribution of documents, like a training manual,” Gutierrez said. “And they refuse to do it because they’re culpable of their negligence and malfeasance on that day.”

See here for the background. Sen. Gutierrez has since released a statement that says he will appeal, and he will also re-file his request per the court’s orders. If so, then one way or another he should be able to get that information eventually. I’m sure we’ll have to go through more litigation before DPS complies. But I do expect that at some point they will have to.

How would HISD’s police respond to an active shooter incident?

It’s a question we would all rather not have to think about, but this is the world we live in. And at this time, the answer that Superintendent Millard House gave to that question was not reassuring.

Houston ISD’s police department would not be prepared should Texas’ largest school district be targeted by active shooter, Superintendent Millard House II said Thursday night.

“I don’t know that this has garnered community insight but what I do know is that, if there was an active shooter in HISD, our police department is not prepared,” House said during an agenda review meeting.

His remarks were in response to questioning from Trustee Dani Hernandez regarding an item the board is expected to vote on during next week’s meeting for purchase of items worth more than $100,000. The specific agenda item includes various purchases for the school district’s police department.

House said the district would be buying 200 rifles, 200 ballistic plate shields and rifle ammunition.

“As we study the Uvalde scenario and looked at what … proper preparation that needs to be in place, officers would not have been prepared for what that looks like,” House said.

[…]

Hernandez asked what research was guiding HISD, instead of feelings. House asked HISD police Chief Pete Lopez to share information in response to her question.

Lopez said research showed police who were better prepared helped in stopping a shooter faster. He was confident about training the district’s police force — estimated to be more than 200 employees — had received. But he did “not have a lot of confidence in preparing our officers to encounter a suspect without the proper equipment.” He said they needed scenario-based training to learn how to respond to such a threat.

The school district has about 195,000 students.

“The equipment that I’ve requested is to provide additional training to teach the officers how to breach the doors, how to use those shields and also quickly enter that room and neutralize the suspect,” Lopez said. “And of course save our students and our staff.”

Like I said, nobody wants to have to think about this. Given that we have to, there are two things that I want to know up front, based on what we have witnessed from Uvalde. One is that there is always a clear definition of who is in command at such a scene. While it’s unlikely that DPS and Border Patrol would show up at an HISD school wit an active shooter, HPD and the Sheriff’s office will almost certainly have officers on the scene. Make sure that there is a written policy that says who is the leader, so that we don’t have a nightmare situation where dozens of cops are waiting around for someone to tell them what to do. And two, the policy must also state that the top priority is going after the shooter, again to avoid a repeat of what happened at Robb Elementary. Everything else, from best practices to training to equipment to whatever else can be provided for. First and foremost, we have to make sure that there’s a commitment to stop the person or persons responsible for the shooting. You wouldn’t think this is a thing that needs to be said, and to be clearly spelled out in an official document for which there would be severe consequences for now following it, but it is and we do. So let’s make sure we have one. Campos has more.

News orgs sue DPS over Uvalde info

Same annoying story, part whatever. Getting public records about this tragedy shouldn’t be this hard to do.

More than a dozen news organizations filed a lawsuit against the Texas Department of Public Safety on Monday, accusing the agency of unlawfully withholding public records related to the May school shooting in Uvalde.

The organizations — which include The Texas Tribune and its partner ProPublica and other local, state and national newsrooms — have each filed requests under the Texas Public Information Act for information detailing the response by various authorities, including law enforcement, to the massacre.

DPS has refused to release records in response to these requests, even as the agency has selectively disclosed some information through public testimonythird-party analyses and news conferences.

“In the immediate aftermath of the tragedy, and continuing throughout the ensuing two months, DPS has declined to provide any meaningful information in response to the Requests regarding the events of that day — despite the unfathomable reality that some 376 members of law enforcement responded to the tragedy, and hundreds of those were in the school or on school property not going into the unlocked classroom where the gunman continued killing helpless youth,” the lawsuit states. “At the same time, DPS has offered conflicting accounts regarding the response of law enforcement, the conduct of its officers, the results of its own investigation, and the agency’s justifications for withholding information from the public.”

[…]

DPS is claiming an exemption for records related to an ongoing investigation, but the news organizations argue there is no such investigation, given the guilt of the gunman is not in dispute and authorities say the 18-year-old acted alone. The local prosecutor, Uvalde County District Attorney Christina Mitchell Busbee, has acknowledged that she is not conducting a criminal investigation.

The records requested include emails; body camera and other video footage; call logs, 911 and other emergency communications; interview notes; forensic and ballistic records; and lists of DPS personnel who responded to the tragedy, among other information.

The plaintiffs include The New York Times Company, The Washington Post, NBC News, CNN, ABC News, CBS News, Scripps Media and Gannett. The Texas Tribune and ProPublica, who also joined the suit, have filed about 70 records requests.

See here and here for some background. It’s not just been DPS that has been resistant to releasing information, but they’ve definitely dug in their heels. However this ends up, expect it to be fought till the bitter end in court.

Perhaps one reason why DPS is so reluctant to give up any of their information is because any time any data about the Uvalde massacre gets released, law enforcement just looks bad.

On July 17, the city of Uvalde released nearly 3.5 hours of video from city police body cameras. The stream of recordings came only hours after a special Texas House committee investigating the massacre issued a report that condemned the law enforcement response as a jumble of missed opportunities and unlearned lessons from past mass shootings.

The recordings — from seven Uvalde officers’ body cameras — show officers anxious, frustrated or confused by conflicting information. Several frantically searched for a master key for Room 111’s door, which apparently was unlocked.

The footage also shows a steadily increasing flow of police officers from other local, state and federal agencies into Robb Elementary, beginning less than 10 minutes after Ramos began shooting inside the classrooms. Some of the police carried rifles. Some wore body armor or full protective gear.

The recordings — especially of the radio message at 12:11 a.m. alerting officers that wounded victims were trapped in the rooms with Ramos — could become pivotal as prosecutors weigh whether to charge some of the responding officers with a crime because of their failure to confront the shooter much earlier in his rampage.

“They’re looking hard at when officers learned about kids being in the classrooms,” said one law enforcement source familiar with the conversations of prosecutors looking into the case. “At what point did (officers) know when the kids called from inside the classrooms?”

Christina Mitchell Busbee, district attorney of Uvalde and Real counties, has declined to comment on the investigation.

The Texas Department of Public Safety and the Texas Rangers are handling the probe, with input from Mitchell’s office. In August, the agencies are expected to hand over their findings to Mitchell, who will decide whether to file any charges.

I don’t know that any of the responding officers should be held criminally liable for their response, but I can damn sure imagine some civil lawsuits against the various agencies involved. But good luck building a case if you don’t have enough evidence.

House passes assault weapon ban

Another bill that won’t pass the Senate, but nonetheless shows the gap in values and priorities between the two parties.

As the House passed legislation to ban assault weapons for the first time in nearly two decades Friday, Democrats pointed to a string of mass shootings in Texas where such weapons were used to kill dozens of people: Nineteen children and two teachers in Uvalde in May; 23 shoppers in an El Paso Walmart almost exactly three years ago; 26 congregants in a church in Sutherland Springs in 2017.

“We’ve turned our churches, our schools, our shopping centers, our entertainment venues — almost any place — into a battleground, with one massacre after another,” said U.S. Rep. Lloyd Doggett, D-Austin.

U.S. Rep. Veronica Escobar, an El Paso Democrat, said some of her constituents who survived the mass shooting there in 2019 are still recovering from their injuries.

“The domestic terrorist who attacked my community was able to do so with a legally purchased assault weapon,” Escobar said. “What was once an unthinkable tragedy — the mass carnage we saw in El Paso — is now commonplace across America.”

[…]

The bill narrowly passed the House on a 217-213 vote as five Democrats joined all but two Republicans in opposing the legislation.

U.S. Reps. Henry Cuellar of Laredo and Vicente Gonzalez of McAllen — two Democrats whom Republicans have targeted in competitive South Texas midterm races — voted against the ban.

Gonzalez said in a statement that he “strongly supports” expanded background checks, waiting periods, red flag laws and a ban on high-capacity magazines.

“But there are tens of millions of assault rifles already in circulation across America, many of them are used by responsible gun owners for hunting in South Texas,” he said. “And a ban on some of those models will do nothing to reduce overall risks.”

The vote comes at the urging of gun safety advocates and survivors and family members of victims of recent mass shootings. Kimberly Rubio, whose 10-year-old daughter Lexi was killed at Robb Elementary School, asked lawmakers to ban the weapons during testimony before the House Oversight Committee last month.

“Somewhere out there, there’s a mom listening to our testimony, thinking, ‘I can’t even imagine their pain.’ Not knowing that our reality one day will be hers,” Rubio said. “Unless we act now.”

The bill would ban new sales of assault-style rifles and create a voluntary buyback program. It would add new safe storage requirements for existing assault weapons.

Three points of interest here. One, while I would have preferred for Reps. Cuellar and Gonzalez to have voted with the majority, I’m less concerned by such votes when the bill passes anyway. As long as you’re not preventing it from passing, like some Senators I could name, it doesn’t bother me that much. Your mileage may vary on that.

Two, I’m not interested in litigating what the definition of an “assault weapon” is. We’ve had such a ban on the books before, and if this bill is modeled after that law, it’s good enough for me. Including buyback and safe storage provisions are bonuses. I don’t need this law to be perfect, I just need it to have a positive effect.

Which leads to the final point, that Rep. Gonzalez’s complaint that this bill won’t reduce the overall risk is wrong on its face and is wrong in the way that the more sweeping critique of any gun control law that it won’t stop every gun death ever is wrong. I’m not going to make the cyberdefense analogy here again, but that’s the basic idea. It’s fine for each law to focus on one or two specific aspects of the issue. Do that enough and the sum total will be a robust attack on the overall risk level. You can never get the risk to zero, in cybersecurity or public health or climate change or gun safety or national defense or any number of other large multi-faceted threats. But you can significantly lower your risk and improve your ability to respond effectively when something unwanted happens. We do this all the time in many other fields, and making the “we shouldn’t do this thing because it won’t solve all of our problems” argument in those contexts would mark you as ignoramus. It’s way past time we stopped giving those arguments against basic gun safety laws any credibility. The Trib has more.

Uvalde school board asks for a special session on guns

They’re not going to get it, just like everyone else who has asked that Greg Abbott Do Something about them.

The Uvalde school board is formally urging Gov. Greg Abbott to call state lawmakers back to Austin so they can raise the legal age to buy assault rifles from 18 to 21, more than two months after a gunman used such a weapon to kill 19 elementary school students and two teachers days after he turned 18.

Uvalde Consolidated Independent School District trustees approved the largely symbolic resolution in a unanimous vote on the same night they voted to delay the start of the school year. Trustees moved the first day of school from Aug. 15 to Sept. 6 so that more security improvements can be made to campuses and district staffers can receive trauma-informed training.

Uvalde County commissioners have also asked Abbott, who in June asked the Texas Legislature to form special committees to make recommendations in the aftermath of the shooting, to call a special session to increase the legal age to buy an assault rifle. Democrats have made similar calls since the May 24 shooting at Uvalde’s Robb Elementary. The governor is the only Texas official with the power to call special legislative sessions.

In an emailed response to The Texas Tribune, a spokesperson from Abbott’s office said the governor “has taken immediate action to address all aspects” of the massacre in Uvalde.

“As Governor Abbott has said from day one, all options remain on the table as he continues working with state and local leaders to prevent future tragedies and deploy all available resources to support the Uvalde community as they heal,” the spokesperson said. “More announcements are expected in the coming days and weeks as the legislature deliberates proposed solutions.”

The vote on both items comes more than a week after a Texas House report detailed a series of “systemic failures” that allowed for the gunman to enter Robb Elementary in Uvalde and remain inside two adjoined classrooms for more than 73 minutes before law enforcement confronted him.

See here for some background. Two things to note here. One is that Abbott’s canned response every time someone asks him to Do Something to prevent teenagers from legally buying high-powered automatic weapons that they use to kill children is basically “I already did, so leave me alone”. He doesn’t want to take action, or to commit to something that might lead to action, so he deflects and hopes no one notices.

Two, the otherwise pretty good House report did not have any specific policy recommendations, such as raising the minimum age for purchasing the aforementioned weapons to 21. One assumes they got some sense of direction if not from Abbott himself then from the official Republican position, which is almost certainly farther to the right than the consensus of the individual members. I mean, I wouldn’t expect there to be anything like a majority within the GOP caucus for raising the age to 21, but I would expect there to be more than enough support when combined with Dems to pass such a bill in the House. I’d also expect that to have at least plurality support among self-identified Republicans, though likely not among Republican primary voters. Which in the end is the group that matters here. The obvious answer, if this is what one wants, is to elect enough Dems to make it happen, at least in the House. I’d still expect it to die in the Senate, but at least we’d have it all on record.

One more thing:

At a school board meeting last week, Uvalde residents called for district officials to fire district police Chief Pete Arredondo, who was among the first officers to arrive at the school the day of the shooting. School board members were scheduled to discuss that Saturday, but the school district postponed the meeting at the request of the police chief’s lawyer.

See here and here for the background. I was hoping to see an update on when this might happen, but not yet. I’ll keep watching.

Arredondo won’t be fired just yet

Gonna have to wait a little longer.

Uvalde school officials have postponed a scheduled Saturday meeting to decide whether to fire police Chief Pete Arredondo at the superintendent’s recommendation.

Arredondo’s lawyer asked the district to postpone the meeting amid due-process concerns, the district announced Friday afternoon. The district did not announce a new meeting date.

Arredondo remains on administrative leave.

See here for the background. This was the early-breaking story, so there may be more to it by now. Whatever the case, this will eventually happen. I don’t think Pete Arredondo can put this off for too long.

Uvalde school superintendent recommends firing Arredondo

I suspect he’ll get his wish.

Uvalde school officials will decide the fate of district police Chief Pete Arredondo during a special meeting Saturday after Superintendent Hal Harrell recommended the police chief’s firing.

The meeting falls almost two months after Arredondo was among the first law enforcement officers to arrive at the scene of Texas’ worst school shooting.

Blame for the fiercely criticized response to the massacre — during which law enforcement waited more than an hour to confront the shooter — has largely fallen on Arredondo. The district placed him on administrative leave roughly one month after the shooting.

[…]

Much of Uvalde residents’ anger over the delayed response to the shooting has been directed toward Arredondo. In a school board meeting Monday, residents chastised school officials for not already firing Arredondo. They also criticized officials for what residents saw as slow attempts to improve campus safety.

Arredondo’s actions at the scene were also criticized in a Texas House committee report released Sunday, though the report also points to the failure of other agencies to respond appropriately. Arredondo was among 376 law enforcement officers from local, state and federal agencies on the scene. The responding officers, though, lacked clear leadership, basic communications and sufficient urgency to take down the gunman, the report states.

The consensus of those interviewed by the House committee was that either Arredondo — or no one — was in charge at the scene, which several witnesses described as chaotic.

In an interview with The Texas Tribune, Arredondo said he did not think he was the incident commander on the scene. Yet according to the school district’s active-shooter response plan, authored in part by Arredondo, the district chief would “become the person in control of the efforts of all law enforcement and first responders that arrive at the scene.”

See here and here for some background. I agree that Arredondo bears a lot of responsibility for the response – it’s mind-boggling that he didn’t think he was in charge, especially without having explicitly handed over command to DPS or Border Control or whoever – and I’d vote to kick him if I were on the Uvalde school board, but he’s hardly the only incompetent here. The report was clear that DPS and the other law enforcement agencies on site were part of the chaos, and we have previous and more recent reporting on DPS’s failures. Maybe someone should suggest to Greg Abbott that he do Steve McCraw next? But then Abbott would have to admit some responsibility as well, and we know that’s not going to happen.

On a more practical level, the “I didn’t think I was in charge here” issue is something that the Lege can and should address. It may be a matter of handing the issue off to a committee or an agency – ironically, DPS might be best suited for this – and then mandating that the process and its details be drilled into every current and future cop. Because Lord knows, until we actually get serious about curbing gun violence, situations like this will come up again. And we’ll have even less of an excuse for not knowing how to handle it. Texas Public Radio has more.

Now DPS is checking on its officers that were at the Uvalde mass shooting?

I have one simple question about this.

The Texas Department of Public Safety is reviewing how 91 state troopers and Rangers responded to the Robb Elementary School shooting to determine if any violated policies or laws.

The agency’s announcement Monday that it had formed an internal committee for the inquiry comes nearly two months after an 18-year-old gunman killed 19 students and two teachers in Texas’ worst school shooting — and one day after a Texas House panel report found that 376 law enforcement officers from several agencies descended on the scene in a chaotic, uncoordinated response that stretched for 73 more minutes.

The DPS committee, formed last week, will also determine “where the department can make necessary improvements for future mass casualty responses,” according to a department statement.

“No additional information will be available until the committee has completed its full review of the department’s response,” the statement said.

See here for the background. My one simple question: Did DPS not already know how many of its officers were there on the scene? That seems like a very basic fact that they should have been aware of from the beginning. What else does DPS not know about what its officers are doing? I sure hope we find out when they release their committee’s report. They will release it, right? Right?

House committee report on the Uvalde massacre

The special State House committee that was tasked with investigating the response to the Uvalde mass shooting released its report yesterday. The report identified numerous failures, in law enforcement and in the school and in other systems, though it’s clear to me that they studiously avoided mentioning one particular type of failure. I’ll get there in a minute. First, the law enforcement failures.

The 18-year-old who massacred 19 students and two teachers in Uvalde on May 24 had no experience with firearms before his rampage began. He targeted an elementary school with an active shooter policy that had been deemed adequate but also a long history of doors propped open.

No one was able to stop the gunman from carrying out the deadliest school shooting in Texas history, in part because of “systemic failures and egregious poor decision making” by nearly everyone involved who was in a position of power, a new investigation into the shooting has found.

On Sunday, a Texas House committee is releasing the most exhaustive account yet of the shooter, his planning, his attack and the fumbling response he provoked.

The 77-page report, reviewed by The Texas Tribune, provides a damning portrayal of a family unable to recognize warning signs, a school district that had strayed from strict adherence to its safety plan and a police response that disregarded its own active-shooter training.

It explains how the gunman, who investigators believe had never fired a gun before May 24, was able to stockpile military-style rifles, accessories and ammunition without arousing suspicion from authorities, enter a supposedly secure school unimpeded and indiscriminately kill children and adults.

In total, 376 law enforcement officers — a force larger than the garrison that defended the Alamo — descended upon the school in a chaotic, uncoordinated scene that lasted for more than an hour. The group was devoid of clear leadership, basic communications and sufficient urgency to take down the gunman, the report says.

Notably, the investigation is the first so far to criticize the inaction of state and federal law enforcement, while other reports and public accounts by officials have placed the blame squarely on Uvalde school police Chief Pete Arredondo, for his role as incident commander, and other local police who were among the first to arrive.

The report also reveals for the first time that the overwhelming majority of responders were federal and state law enforcement: 149 were U.S. Border Patrol, and 91 were state police — whose responsibilities include responding to “mass attacks in public places.” There were 25 Uvalde police officers and 16 sheriff’s deputies. Arredondo’s school police force accounted for five of the officers on the scene. The rest of the force was made up of neighboring county law enforcement, U.S. Marshals, and federal Drug Enforcement Agency officers.

The investigators said that in the absence of a strong incident commander, another officer could have — and should have — stepped up to the task.

“These local officials were not the only ones expected to supply the leadership needed during this tragedy,” the report said. “Hundreds of responders from numerous law enforcement agencies — many of whom were better trained and better equipped than the school district police — quickly arrived on the scene.”

The other responders “could have helped to address the unfolding chaos.”

The three committee members — Rep. Dustin Burrows, R-Lubbock; Rep. Joe Moody, D-El Paso and former state Supreme Court Justice Eva Guzman — said they sought to create a comprehensive account the Legislature can use to craft policies aimed at preventing future massacres. The trio also sought to present an accurate narrative to the public, in contrast to several conflicting and retracted accounts provided by other officials, including the governor and state police, in the seven weeks since the tragedy that have undermined residents’ trust in the ongoing investigations.

They dedicated the document to the 21 people killed in the shooting, and first unveiled their findings during a private meeting with Uvalde residents on Sunday.

“The Committee issues this interim report now, believing the victims, their families, and the entire Uvalde community have already waited too long for answers and transparency,” the report reads.

The report is not yet public, or at least it wasn’t when I drafted this post on Sunday. The chain-of-command failure seems like one for which there ought to be an objective solution, which could be mandated by state law or recommended via a state or federal agency. I mean, we all know there are going to be more of these mass shootings, so the least we can do – the very least we the public can reasonably expect – is that law enforcement agencies have their act together and know who’s in charge when this happens. It makes sense to me that the locals start out in charge, but there ought to be some mechanism and process for either handing that off to another agency or having it taken by them if the situation warrants. I’m no expert and don’t know what the best answer may be, but any idiot can see that what went down in Uvalde was absolutely unacceptable and must not be allowed to happen again.

The report also looked at the shooter, the ways he was failed as a child by those around him, and the warning signs he was giving off before the murders.

A year before the Uvalde school massacre, the gunman had already earned the nickname “school shooter” — a running joke among those he played online games with. He had also started wearing all black and making over-the-top threats, especially toward women, who he terrorized with graphic descriptions of violence and rape.

[…]

Salvador Ramos — who the committee is only referring to as “the attacker” so as to deny him the notoriety and fame he desired — also shot and wounded his grandmother, Celia Gonzales, before storming the school.

He was born in Fargo, North Dakota but moved to Uvalde as a child with his sister and mother, who struggled with a long history of drug use. A former girlfriend interviewed by the FBI said she believed the shooter had been sexually assaulted at an early age by one of the mother’s boyfriends but that she didn’t believe him.

Relatives described him as someone shy and quiet who was reluctant to interact with others because he had a speech impediment. When he started school, his pre-K teacher described him as a “wonderful student,” always ready to learn and with a positive attitude.

Then, something changed. He started falling behind in school but never received special education services, despite being identified as “at-risk” and having someone request speech therapy for him, according to the report, citing school records.

Family and friends told the committee he was bullied throughout the fourth grade over his stutter, short haircut and clothing. He often wore the same clothing day after day. One time, a girl tied his shoelaces together causing him to fall on his face, a cousin said.

Beginning in 2018, he was recording more than 100 absences a year, along with failing grades. But the report authors said it was unclear whether a school resource officer ever visited his home. By 2021, when he was 17 years old, he had only completed ninth grade, the report’s authors wrote.

When students started to return to school following the pandemic, he dropped out. Instead of trying to fit in, as he had done in the past, he grew more isolated and retreated to the online world. Uvalde High School officials involuntarily withdrew him on October 28, citing “poor academic performance and lack of attendance.”

[…]

Online, the report authors said, he started to show an interest in gore and violent sex, sometimes sharing videos and images of suicides and beheadings. He became enraged and threatened others, especially female players, when he lost games.

Privately, he wrote about his challenges connecting with others or feeling empathy for them, saying he was “not human.” His search history, the authors of the report wrote, suggest he was wondering whether he was a sociopath. His internet searches led to him receiving an email about obtaining psychological treatment for the condition.

Attacking women became a pattern. He was also fired from his job at a Whataburger after a month for threatening a female coworker. And later he was let go of his job at Wendy’s.

Despite losing his jobs, living at home allowed him to save money. By the end of 2021, when clues of his plans first surfaced, he ordered rifle slings, a red dot sight and shin guards, as well as a body armor carrier he wore the day of the Robb Elementary massacre. But because he was still 17 at the time, he wasn’t legally allowed to buy the weapons and at least two people he asked refused.

He started becoming fascinated with school shootings and increasingly seeking notoriety and fame on social media, the report said.

[…]

He confided in an older cousin who was also staying with their grandmother that he didn’t want to live anymore. But the cousin told authorities she thought she’d gotten through to him after a lengthy “heart-to-heart.”

Instead, Ramos began to buy more firearm accessories beginning in February, including 60 30-round magazines. As soon as he turned 18, on May 16, he started buying guns and ammunition. In the end he bought two AR-15-style rifles and thousands of rounds. In total, he spent more than $6,000, the committee found.

He had no criminal history nor had he ever been arrested. There was nothing in his background that kept him from owning the weapons. And while multiple gun sales within a short period of time are reported to the ATF, the committee report authors point out that the law only requires purchase of handguns to be reported to the local sheriff.

“Here, the information about the attacker’s gun purchases remained in federal hands,” they wrote.

Online, the shooter started to reference a timeline, foreshadowing his plans.

Emphasis mine. To me, the single biggest failure is that this guy was able to buy all this stuff, without which there could have been no massacre. Why should any minor be able to buy the paraphernalia he bought, and why should anyone at any age be able to buy AR-15s with thousands of rounds of ammunition? I’m not making a constitutional argument here, I’m making a moral one. I say we’d be living in a healthier and safer society right now if no one outside the military had access to such weaponry.

I don’t expect such a statement to be in a report like this, but the much milder suggestion that maybe limiting the sale of most guns and gun accessories to people over the age of 21 is an idea worth exploring would have been appropriate. The longer we refuse to take any kind of proactive steps to reduce mass shootings, the more extreme and extensive the reactive steps we will be forced to take to try to mitigate them. We can fixate all we want on the laxness of door-locking at Robb Elementary, or we can try to make it harder for people to stockpile weapons in sufficient quantities as to intimidate police departments.

Anyway. A brief summary of the highlights from the report is here. The House committee can write a report and make recommendations, but only the Governor can call a special session to pass laws that those recommendations suggest. Don’t expect much of a response from Greg Abbott et al.

UPDATE: Here’s one response: A Uvalde police lieutenant who led the department the day it was part of the fiercely criticized response to the worst school shooting in Texas history has been placed on administrative leave, according to Uvalde Mayor Don McLaughlin. We’ll see if DPS or any other agency sees similar fallout.

Uvalde video to be released

This is the right thing to do.

Rep. Dustin Burrows

The Texas House committee investigating the Uvalde school shooting plans to release video footage of the incident on Sunday, Rep. Dustin Burrows said.

Burrows, a Lubbock Republican and the committee’s chairman, said Tuesday that “we feel strongly that members of the Uvalde community should have the opportunity to see the video and hear from us before they are made public.”

Burrows will lead a private briefing for victims’ families in Uvalde on Sunday morning, allowing them to see the hallway video from a Robb Elementary School surveillance camera and discuss the committee’s preliminary report.

In the afternoon, the committee will release the video and report to the public and answer questions from reporters. It is making the video footage public over the objection of the Uvalde County district attorney, who had instructed the Department of Public Safety not to provide the video to the committee.

Since last month, the three-person committee, which also includes El Paso Democrat Joe Moody and former Republican state Supreme Court justice Eva Guzman, have interviewed more than a dozen witnesses behind closed doors including law enforcement and school workers.

Their report will be the second investigation into the law enforcement response of the shooting to be made public. Last week, the Advanced Law Enforcement Rapid Response Training Center, located at Texas State University in San Marcos, released its comprehensive account of police tactics during the shooting.

The Texas Tribune in June reviewed the hallway surveillance video, the only known footage capturing the entirety of the 77-minute shootout. It depicts police arriving to the scene quickly and approaching two classrooms where the gunman, an 18-year-old Uvalde resident, was shooting students and teachers. The officers retreat after being fired on and do not return for more than an hour, when several breach one of the classrooms and kill the gunman.

See here and here for some background. We know what we know now because of that hallway surveillance video, which basically destroyed the lie that we had initially been told about a brave and forceful law enforcement response. This is now DPS’ video that we’ll be getting, which they have said they’re willing to provide as long as the Uvalde County DA approves. I look forward to seeing what it will show us. The Chron has more.

UPDATE: We didn’t have to wait until the weekend to get a preview of this video. Just reading the opening paragraphs is disturbing, so click with extreme caution. There is still more to come.