Public records obtained by ABC-7 show the state trial for El Paso Walmart shooter costs Texas taxpayers close to $2 million so far

EL PASO, Texas (KVIA) -- Texas’ capital murder trial against accused El Paso Walmart mass shooter Patrick Crusius is inching forward and it doesn’t come without a hefty price-tag for state taxpayers.

Crusius, 25, of Allen, Texas, has already been convicted in federal court of killing 23 people and injuring 22 more inside the Cielo Vista Walmart on August 3, 2019. It’s been described as the deadliest attack on Latinos in modern American history.

Before being sentenced to life in prison in federal court, Crusius admitted he drove 11 hours from his hometown to El Paso with the sole intent of killing immigrants and Mexicans.    

Meanwhile, state prosecutors are seeking the death penalty for Crusius.

They have charged him with one count of capital murder involving multiple victims, and 22 counts for aggravated assault. Crusius has pleaded not guilty to the state charges.    

Four years after the shootings and with no trial date set, it’s hard to put a final dollar estimate on how much, overall, it will end up costing Texas taxpayers.    

El Paso Defense Attorney Omar Carmona, who has experience with capital murder cases, told ABC-7 the case is complex, and hard to compare to other criminal cases in the state.    

“Every time we talk about the Walmart case, we have to keep in mind that this is unprecedented in the State of Texas,” Carmona explained.  “There hasn't been a mass shooting at this level that is going to be tried to a jury where the death penalty is on the table. We don't have a blueprint; there's no other case in Texas to compare this to. Bearing that in mind, it is going to be an expensive case, for both sides, the defense, actually three sides, the defense, for the prosecution, and for the court. It’s going to be very costly,” Carmona said.    

ABC-7 obtained records under the Texas Public Information Act showing Patrick Crusius’ case has cost Texas taxpayers close to $2 million, to date.     

The state’s capital murder trial has faced significant delays, including a change of leadership and staff within the El Paso District Attorney’s Office.    

According to financial records obtained by ABC-7, the El Paso District Attorney’s Office has applied for and received two state grants for fiscal years 2022 & 2023 for trial expenses through the Texas governor’s office – totaling almost $4 million in taxpayer money.     

Inspection of public records by KVIA show the El Paso District Attorney’s Office has spent over $738,000 in taxpayer money on trial expenses as of October 2.   

In a follow-up interview with ABC-7, El Paso District Attorney Bill Hicks said his office has set aside $1.2 million for salaries that include 2 trial chiefs, 1 principal attorney, 1 appellate lawyer, 6 data clerks, 2 paralegals, 2 legal secretaries, and 1 investigator. Many of the 15 are behind the scenes.   

Hicks said money is also set aside for expert witnesses, data management systems & software programs, travel for investigators and witnesses, cell phones, desktop computer systems, office supplies, courtroom exhibit preparation, and office furniture.    

Texas Governor Greg Abbott appointed Bill Hicks district attorney for the 34th Judicial District, which includes El Paso, in December 2022 when Yvonne Rosales resigned the month before after facing possible removal for alleged incompetence.    

Hicks told ABC-7 he personally plans to help try the case and is campaigning to keep the seat after the 2024 election.    

“I’m not convinced or satisfied that we’re going to be done with the Walmart case before the end of 2024. If we’re not, I certainly want to see that case through,” Hick said.    

Factor in a possible change of venue, Carmona says that would also increase the cost of the trial because attorneys, witnesses, experts and staff would have to travel.  

District Attorney Bill Hicks told ABC-7 he believes the case will remain in El Paso, and the defense will not ask for a change of venue.  

At this time, the defense has not asked the court to move the trial.   

Taxpayers are also covering funds for the defense since Patrick Crusius told the court he can’t afford one.

In comparison, public records obtained by ABC-7 show the defense has spent $1.2 million in taxpayer money to date.    

Public records show the money is used for, “attorney(s), expert(s), investigator(s), miscellaneous/other.” 

ABC-7 reached out to Patrick Crusius’ lead defense attorney, Joe Spencer, asking if his team has in fact spent $1.2 million in tax dollars, and if he plans to request more money.    
   
We also asked Spencer how many full-time staff he has working on the case, along with job titles, but he said he believes that information can be withheld.    

In a written response to ABC-7, Spencer said: “The members of the defense team are confidential and privileged."  

"We expect the state trial to be set by the Judge when the state has complied with their mandate to turn over ALL discovery, which over 4 years later the State still has not done,” the statement read. “This is the biggest capital murder case in the history of Texas and one of the largest in the nation and it is unprecedented in the turnover of 3 DA administrations and 9 different prosecutors quitting or being removed from this case.  The harm and cost caused by the Rosales administration is a case of first impression and is attributed to the political agenda the prosecutors have on this case at the expense of the victims. This community will not have judicial finality as long as the prosecution does what they think is politically correct as opposed to what is judicially correct.”   

While there is some public data of the state trial’s cost so far, taxpayer expenses in the federal case have not been made available to the public. 

ABC-7 asked Senior U.S. District Judge David C. Guaderrama on July 27, twenty days after Crusius’ sentencing, to release the financial records related to the federal case on behalf of our viewers to see how much the federal trial cost taxpayers.

A law clerk replied saying the court would not disclose information until it got input from the parties, and the case against Patrick Crusius had ended.

Last month, the federal prosecution filed a motion to unseal certain records in the case. Crusius’ defense – led by the same attorneys who are defending him on the state case-- is objecting to the release of the sealed documents, including the financial information ABC-7 is seeking.

As of December 4, Judge Guaderrama has not made a decision.