Walmart shooting state case: what we know ahead of today’s hearing

EL PASO, TX (KVIA) — A hearing in the state case for the Walmart shooting is scheduled for 1:30 p.m. today at the El Paso County Courthouse, following new developments that could impact the case's timeline.

Our ABC-7 news partners, El Paso Matters report the El Paso District Attorney's Office alleges there has been improper communications, known as ex parte communication, between 409th District Judge Sam Medrano and the defense team. They claim Judge Medrano ruled on several motions without notifying the prosecution.

The DA’s office is requesting a 30-day delay in a key hearing set for October 31, where Crusius is expected to appear. Prosecutors say they need more time to review the alleged ex parte communications and their potential impact on the case. They are also requesting that any sealed ex parte motions be made public.

Today's hearing will determine if the October 31 hearing will proceed as planned or be postponed. This hearing was scheduled by Judge Medrano in September to review multiple motions filed by the defense team related to allegations of prosecutorial misconduct. 

The trial is not expected to take place before 2026.

Stay with ABC-7 for updates throughout the day.