El Paso

El Paso Walmart Shooter's Bid to Silence Ex-DA with Gag Order Extension Denied by Court

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Published on January 24, 2025
El Paso Walmart Shooter's Bid to Silence Ex-DA with Gag Order Extension Denied by CourtSource: Google Street View

In a recent development of the 2019 Walmart shooting case, Patrick Crusius, the convicted shooter responsible for the deaths of 23 individuals in El Paso, attempted to extend a gag order to include former District Attorney Bill Hicks. KFOX-TV reports that Hicks, who served as the DA until the end of 2024, has resisted this push, citing constitutional grounds and deeming it speculative.

Despite the attempt to silence him, Hicks maintains his right to free speech now that he is no longer in office. "I kept true to the spirit of the gag order, having never discussed the facts of the case, never discussed the trial strategies involved with the case, and never violated Texas Rules of Responsibility, Rule 3.07, which is the main basis in law for the court’s gag order," Hicks said, as per KTSM. His opposition to the extension of the gag order, which first went into effect in July 2022 to restrict discourse surrounding the case, appears to align with his commitment to respect legal protocols.

However, the request to expand the gag order to encompass the former DA was denied, as detailed by KVIA. The courts seem to agree with Hicks' perspective that, as a private citizen, his speech should not be restricted by the same standards applied to those directly involved in the proceedings.

Crusius, who entered a guilty plea to federal charges in July 2023 and received a sentence of 90 consecutive life terms, remains at the center of a protracted state case where prosecutors seek the death penalty. The delay in Crusius' state trial has been significant, with the trial itself being subject to repeated halts and legal maneuvering. Throughout, the use, and attempted extensions, of gag orders have prompted discussions on the balance between a fair trial and the First Amendment rights of those once connected with the case.