El Paso Walmart mass shooter may avoid death penalty, DA says. Plea hearing set for April
The El Paso Walmart mass shooter will avoid the death penalty under a plea deal, a district attorney told victims and their families.
El Paso District Attorney James Montoya says he will no longer be seeking the death penalty against 26-year-old Patrick Crusius, the El Paso Times confirmed.
Crusius is charged in the racially-motivated mass shooting at an El Paso Walmart on Aug. 3, 2019. In one of the deadliest mass shootings in U.S. history, 23 people died and dozens more were injured. The gunman was targeting Hispanic shoppers who he claimed were invading the U.S., federal court documents state.
At the age of 21, Crusius, who is white, drove over 700 miles from his home near Dallas to commit the El Paso crimes. CNN reports he had taken to social media to express his stance on immigration and building a wall on the U.S.-Mexico border, praising then-President Donald Trump's strict border policies. Just before the shooting, Crusius made a post claiming Hispanics intended to take control of the government and economy.
The El Paso Times reached out to Montoya but did not receive an immediate comment.
Crusius' attorney, Joe Spencer, could not comment due to a gag order, which prevents prosecutors, defense attorneys, victims and their families, and anyone directly connected to the case from discussing it publicly.
Montoya, a Democrat, was elected district attorney at the end of last year. During his campaign, he said he believed Crusius deserved death but that he would need to review the case before making a decision.
After speaking with victims' families, Montoya found a majority wanted the case to be over as soon as possible. He was concerned that seeking the death penalty would further lengthen the process with hearings and appeals.
"The vast majority of them want this case over and done with as quickly as possible," Montoya said, according to CNN. "I could see a worst-case scenario where this would not go to trial until 2028 if we continued to seek the death penalty."
For over five years, the case has languished in state district court. Crusius' federal sentencing ensures he will remain in prison for life.
What comes next?
A hearing scheduled for Tuesday, April 1, is expected to be cancelled. Hearings currently set for Monday, April 21, and Tuesday, April 22, are expected to be changed from motion hearings to plea hearings, a person familiar with the case told the El Paso Times.
Judge Sam Medrano of the 409th District Court is expected to file notices of the changes on Tuesday, March 25, or later in the week. As of March 26, no new filings were part of the public record.
Crusius is expected to plead guilty in April to one count of capital murder of multiple persons and 22 counts of aggravated assault with a deadly weapon. As part of a plea agreement, he would be sentenced to life in prison.
The case was originally scheduled to go to trial in 2026.
The case has been stalled for years as the federal case against Crusius went to trial first and the state's case has been bogged down with controversies, including allegations of prosecutorial misconduct by former district attorneys. The gunman's case has been handled by four different district attorneys since he was indicted in 2019.
What was Patrick Crusius' federal sentencing? See charges
Like Montoya, the U.S. Attorney's Office chose not to seek the death penalty against Crusius in the federal case. The reasons behind this decision remain unclear, CNN reports.
On Feb. 9, 2023, the shooter reached a plea agreement with federal prosecutors and pleaded guilty to the following charges:
- 23 counts of hate crimes resulting in death
- 23 counts of use of a firearm to commit murder during and in relation to a crime of violence
- 22 counts of hate crimes involving an attempt to kill
- 22 counts of use of a firearm during and in relation to a crime of violence
Crusius was sentenced on July 7, 2023 to 90 consecutive life sentences in federal court for the mass shooting. He was ordered to serve his federal prison sentence at ADX Florence Supermax federal prison near Florence, Colorado. He remains in state custody at the El Paso County Jail as his state death penalty trial remains pending.
— El Paso Times reporter Aaron Martinez contributed to this report.