A state district judge in Travis County has ordered the Texas Department of Public Safety to release law enforcement records related to the May 2022 Uvalde school shooting, more than a year after a consortium of news organizations sued for access.
The ruling by 261st Civil District Court Judge Daniella DeSeta Lyttle calls on DPS to fulfill 28 records requests filed by the news organizations, which include ProPublica and The Texas Tribune, subject to redactions such as personal information of police officers and blurring the faces of minor victims in crime scene photographs.
The files would shed light on the failed police response, in which officers waited more than an hour to confront the shooter who had an AR-15-style rifle. Nineteen children and two teachers died that day.
Lyttle issued a preliminary order in June. The one issued Tuesday is the final judgment. It requires DPS to provide the records sought within 20 days, unless the state police agency appeals the ruling.
“DPS promised to disclose the results of this investigation once it was completed,” said Laura Prather, a media law attorney with Haynes Boone who represents the news organizations. “It was completed in February, and they still haven’t provided any answers to these families.”
DPS did not return a request for comment on Thursday.
Prather said an appeal would likely limit the ability of victims’ families to file federal lawsuits alleging that police had committed civil rights violations. The statute of limitations on those complaints is two years.
“It prevents (families) from having the evidence they need,” Prather said.
The state police agency previously argued that releasing records could interfere with ongoing investigations into the shooting, though DPS said it had completed its initial report on the shooting and provided it to the Uvalde County district attorney.
Between the shooting in May 2022 and the filing of the news organizations’ lawsuit three months later, DPS selectively released information about the shooting during press conferences and public hearings held by the Legislature.
The Tribune and ProPublica separately gained access to materials from the investigation, publishing a series of stories that detailed multiple failures. On Tuesday, the news organizations will publish an article and a documentary, in collaboration with FRONTLINE, that reveal new details about the response.
Uvalde District Attorney Christina Mitchell also opposed disclosure of records to the news organizations. She argued their release could harm her investigation into any potential criminal charges she could pursue based on the DPS investigation.
Mitchell also claimed that “all of the families of the deceased children” had told her they supported blocking the records from release. Attorneys representing the majority of the 21 families whose relatives were killed in the massacre refuted the claim, saying that the information should be made public. Mitchell was later stricken from the case.
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ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.
This article is co-published with The Texas Tribune, a nonprofit, nonpartisan local newsroom that informs and engages with Texans. Sign up for The Brief Weekly to get up to speed on their essential coverage of Texas issues.
