Customs and Border Protection is trying to keep three Border Patrol agents from testifying in the criminal case related to the 2022 Robb Elementary School shooting in Uvalde. Prosecutors say two of the agents were on the tactical team that killed the shooter and could provide firsthand information on the law enforcement response, including training, equipment, and tactical decisions. The development raises questions about the progress of the case against former Uvalde schools police chief Pete Arredondo.
CBP seeks to shield agents from the stand
This week, Customs and Border Protection asked a federal judge to block testimony from three Border Patrol agents in the Robb Elementary School shooting case, News4 SA reports. Prosecutors had planned to question the agents about training, equipment, and on-the-ground actions. CBP argued the information is not unique since multiple agencies responded that day. The filing continues a months-long dispute over whether state courts can compel federal officers to testify in state criminal cases.
Prosecutors took the fight to federal court in May
In May, Uvalde County District Attorney Christina Mitchell sued in federal court to force three Border Patrol agents to testify, saying they are ‘uniquely qualified’ to explain how Arredondo’s decisions shaped the response, AP reports. The complaint notes that two agents entered the classroom and argues that written statements alone cannot replace live testimony.
What prosecutors say they tried and CBP refused
Prosecutors say they initially sought to interview or subpoena 18 CBP employees, only narrowing the list to three after repeated denials, reporting by the San Antonio Express-News shows. That coverage says CBP repeatedly refused to authorize grand jury testimony or trial appearances by the agents, which led Mitchell to ask a federal judge to overturn the agency's denials.
CBP's own review flagged training gaps
CBP’s Office of Professional Responsibility released a redacted report in September 2024 that criticized Border Patrol personnel at Robb for ‘lacking preparation and understanding of responsibilities’. It recommended changes to active-shooter training and incident command protocols, according to the agency’s public document. Prosecutors say sworn, in-person testimony from agents is essential, while CBP cites its own review as a reason to limit what agents say in court.
Trial schedule and wider fallout
Disputes over federal witnesses have slowed the case. Judges delayed proceedings and moved one co-defendant’s trial to Corpus Christi while the federal lawsuit continues, The Texas Tribune reports. Attorneys say the agents’ testimony could influence both the prosecution and defense.
What's next
A federal judge will consider CBP’s motion against the district attorney’s request to compel testimony, a decision that could determine whether state prosecutors can question federal agents. ‘We want all of them. We want to know what they saw, what they heard,’ Arredondo’s lawyer Paul Looney told AP.
