A Texas appeals court has blocked the release of key records tied to the Robb Elementary shooting for now, siding with the Texas Department of Public Safety in a closely watched public records battle.
In a March 6 opinion, the 15th Court of Appeals ruled that DPS cannot be forced to turn over materials sought by a coalition of news organizations, at least for right now.
The court found DPS presented enough evidence that releasing the records could interfere with ongoing investigations or potential prosecutions, writing that testimony showed disclosure “would interfere with an ongoing investigation.”
News organizations brought up the fact that two officers, Adrian Gonzales and Pete Arredondo, have been indicted, and the investigation is complete. The appeals court says former Texas DPS Director Steve McCraw and Uvalde County DA Christina Mitchell testified that the investigation is ongoing, and other courts maintain that as long as investigations continue to gather evidence for possible future criminal cases, the cases could be jeopardized by premature release of evidence.
That means the case cannot be decided on summary judgment and must return to the trial court.
Not a final win for DPS
The ruling does not permanently shield the records from public view.
This case confronts us with an extraordinary loss of innocent life, a chaotic scene involving an extraordinary number of law enforcement responders, and an extraordinary public need for justice. In these circumstances, we do not hold today that the information sought by the News Organizations may forever be shielded from public view…it is enough that there is testimony that the investigation remains ongoing and prosecutions are not yet complete.
Massive trove of evidence
At issue is about 2.8 terabytes of material—including body camera footage, 911 calls, internal communications, and investigative records—requested in the days after the May 2022 shooting that killed 21 people.
DPS is believed to be the only entity that has access to surveillance video from the Robb Elementary hallway, obtained from the district after the shooting.
What happens next
The case now heads back to the trial court, where DPS must more fully justify withholding the records under Texas public records law.
The decision extends a years-long fight over transparency in the aftermath of one of the deadliest school shootings in Texas history. It leaves it undetermined when the public may see the full record of law enforcement’s response.