Texas judge denies state lawmaker Uvalde open records challenge on technicality

AUSTIN — Texas Civil Court Judge Catherine Mauzy denied state Sen. Roland Gutierrez’s request to obtain records regarding the Uvalde shooting on the technical grounds that the information should be submitted differently, according to an order released Wednesday.

Gutierrez, who represents Uvalde, filed a lawsuit in June against the Texas Department of Public Safety for withholding records related to the deadliest school shooting in the state’s history. He accused the state agency of unlawfully denying an open records request.

The order states that DPS can keep records concealed for the time being, as Gutierrez did not submit the request under Texas Public Information Act protocol correctly. She stated, however, that this ruling does not consider whether Gutierrez should or should not have access to the documents, adding that the information he is seeking is not exempted from required public disclosure.

During the proceedings, Gutierrez said he continues to seek answers regarding DPS’s response or lack thereof to the Uvalde massacre, where an 18-year-old gunman entered an elementary school and killed 21 people.

DPS Director Steve McCraw said he is unable to do so without a nondisclosure agreement which he said Gutierrez refused to sign. Gutierrez denied ever being offered.

McCraw also said he is not releasing any information at the request of Uvalde District Attorney Christina Mitchell Busbee. Busbee said during testimony that she preferred information remain sealed since the investigation is ongoing and she does not want released information to potentially tarnish her investigation or ability to bring forth charges.

“I have a responsibility to make sure that any ongoing investigation … the contents of that investigation (are) not disclosed,” Busbee said during the proceedings. “I have a responsibility to see that justice is done and part of that is ensuring that any suspect is given a fair trial down the road, and that would not be possible if the investigation is public.”

Following the release of the decision, Gutierrez said he plans to appeal the order and submit a new public information request under the court’s prescribed manner.

Gutierrez has been public in accusing DPS and Gov. Greg Abbott of withholding information that he believes is “basic” in an attempt to “paint a narrative that absolves the Texas Department of Public Safety of responsibility for the horrid response to the Uvalde shooting.”

A July report released by a Texas House Investigative Committee stated that 91 DPS officers responded to the scene, only surpassed by 149 U.S. Border Patrol officers.

McCraw has called the response an “abject failure” but has predominantly placed blame of the chaos that unfolded that day on Uvalde Consolidated Independent School District Police Chief Pete Arredondo, who he said was in charge of the scene and did not take control.

Even so, following the release of the report, DPS launched its own investigation into each officer who responded that day and their actions.

“It has been over 70 days since the massacre at Robb Elementary, and the State of Texas has completely failed to provide the community of Uvalde with timely and truthful answers. It is very disturbing that the Department of Public Safety has continued to fail to disclose even the most benign information to the public,” Gutierrez said in a statement. “You shouldn’t need a lawsuit to be honest and transparent with people about what occurred.”

DPS did not respond to a request for comment.