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Uvalde shooting: City files lawsuit against DA over Robb Elementary records

By FOX 7 Austin Digital Team
Published  December 1, 2022 2:44pm CST
Uvalde, Texas School Shooting
FOX 7 Austin

UVALDE, Texas - The city of Uvalde has filed a lawsuit against Uvalde County District Attorney Christina Mitchell over records of the investigation into the May 24 mass shooting at Robb Elementary School.

In a statement, the city says DA Mitchell has been blocking its efforts to obtain "necessary investigative materials" for its ongoing internal affairs investigation into the Uvalde Police Department.

The lawsuit is asking a judge to compel DA Mitchell to hand over all relevant law enforcement investigation records and materials from all agencies related to the mass shooting.

"The Internal Affairs review being conducted by an independent investigator, Jesse Prado, is significantly restricted by the scope of evidence that has not been made available to Prado by the District Attorney," says the city's statement.

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The city says the information from the DA would be solely for Prado's investigation and would be subject to a confidentiality and non-disclosure agreement. No one from the City will have access to the information.

"From day one, the city’s focus is on helping the entire Uvalde community, parents who lost children, children who lost parents, and young survivors navigate through the healing process," says the city. "Transparency and accountability are part of that process. We hope this lawsuit will allow the City’s investigation into the conduct of its officers to be completed so as to give the community and families the answers they deserve."

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This is not the first time DA Mitchell has opposed the release of materials following the shooting that killed 19 children and two teachers. 

In July, Texas DPS said her office was blocking the release of a 77-minute video of the law enforcement response to the shooting. The video in question ended immediately before law enforcement breached the classroom and did not show any images of children. 

Despite this, DPS stated at the time DA Mitchell objected and instructed DPS not to release it.

Shortly before that, Uvalde Mayor Don McLaughlin and State Sen. Roland Gutierrez, whose district includes Uvalde, sent a letter to Gov. Greg Abbott asking for DA Mitchell to be removed from overseeing the victims' relief fund.

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The Governor created the Uvalde Together Resiliency Center following the massacre in May, where 19 kids and two teachers were killed at Uvalde Elementary.

The letter described families having issues with the District Attorney about victims' resources. One family apparently was in danger of having their power cut off while caring for their daughter in the hospital.

This is also not the first time a lawsuit has been filed in relation to the release of records. The Associated Press and other news organizations filed suit in August, asking a court to force the city, school district, and sheriff's department to turn over 911 recordings, personnel records, and other documents.