Court of appeals allows Thursday Walmart shooting hearing to proceed
EL PASO, Texas (KVIA) -- The Eight District Court of Appeals partially granted El Paso District Attorney Bill Hicks' request to delay tomorrow's hearing in the state's Walmart shooting case.
"The motion alleges that three orders issued by the trial court were improperly granted as ex parte orders," the court of appeals' response reads. "These orders, entered on July 16, 2021, and October 5, 2021, respectively, allegedly instruct the El Paso County Jail to 'preserve and not destroy or alter any surveillance tapes of [defendant’s] housing location'; and a third order, entered on April 18, 2023, allegedly prohibits defendant 'from receiving certain medical treatment from El Paso County Jail personnel.' The State claims these orders are at issue in the October 31, 2024, and November 1, 2024 proceedings. After reviewing the State’s emergency motion, the Court is of the opinion that a partial stay is necessary to preserve our jurisdiction over the subject matter of the pending mandamus petition, which involves the three orders named herein."
The court ruled that, pursuant to state rules, the trial court will stay further proceedings related to the issue of the surveillance videos and mental health care. The court will issue a further order on those issues soon, the ruling reads.
The order, however, does not stop the trial court from moving on with tomorrow's hearing, as long as the court stays away from the subject matter at question.
