DA Bill Hicks playing ‘politics’ with Walmart mass shooting case, ex-prosecutor says

by Ramon Bracamontes, El Paso Matters
December 8, 2023

El Paso District Attorney Bill Hicks is playing politics with the Walmart mass shooting case, with decisions in the case being made with an eye toward getting him elected in 2024, according to the former lead prosecutor in the case who resigned in November.

“I was not given the resources to adequately prepare and clean up the case,” former Assistant District Attorney Loretta Hewitt wrote in her exit interview with the county, which was obtained by El Paso Matters. “Mr. Hicks and his administration showed no appreciation for the work I was doing. He was only concerned about making himself look good in news interviews.

“I was told shortly after being hired that every decision regarding the Walmart case would be done to get Mr. Hicks reelected to positively affect his reelection campaign.”

Hewitt, who was hired in January by Hicks, could not be reached for comment.

Hicks, who was appointed DA in December 2022 in part to get the Walmart case ready for trial, told El Paso Matters late Friday that it was disappointing to read Hewitt’s comments.

He also said that some of the things she wrote, including that she was the only one who met with all the victims and families, are simply not true.

“My number one priority was to get the Walmart case back on track,” Hicks said. “To say what she said is a cynical, horrible thing to say. In the past 11 months we’ve taken a case that was horribly handled - it was in a situation that was horrible - and we are ready to go to trial, where we can adequately protect the interests of this community.”

When Hewitt resigned in November, Hicks issued a statement saying Hewitt was the “number one attorney in charge of organizing the case, preparing the witnesses and disclosing the discovery to the defense.”

The office statement also said that Hicks was the “first chair.”

“It is important to understand that DA Hicks has always been the attorney in charge of the Walmart prosecution and will be the “First Chair” on the case when it goes to trial,” the DA’s statement said.

That November statement contradicts what Hewitt said throughout her exit interview. 

It also contradicts what Hicks told KFOX-TV during a January interview. In that interview, Hicks said Hewitt was the new team trial chief for the Walmart case. Hicks also told El Paso Inc., that Hewitt was “brought here to El Paso to lead the case for us.” 

Hicks reiterated on Friday that he is, and will be the, first chair on the case whenever it goes to trial.

“The attorneys working on this case are functioning as a team,” he said. “As for who is in charge of the strategic decisions and the broad strategy, those decisions are mine.”

Hewitt was a former Bexar County assistant district attorney in San Antonio, where she prosecuted several capital murder cases. 

“I was hired as the trial team chief of the Walmart mass shooting case and was told that I would be in charge of making all trial decisions on the case, I would be in charge of the team I supervised, and I would make the major decisions regarding getting the case ready for trial.

“The DA did not follow through with these conditions of work,” Hewitt wrote in her exit interview.

She also wrote that when it comes to prosecuting capital murder cases, she has more experience than anyone in the District Attorney’s Office, including Hicks. 

“Despite being told that I was the chief in charge of the case, I was not included in most decisions, discussions or meetings regarding the case. Instead, Mr. Hicks consulted with the Chief of Staff, Luis Rene Diaz and his friend, John Briggs,” she wrote.

“My experience and knowledge were completely disregarded by my employer, especially when I disagreed with his decisions.”

Even though Hewitt is gone, Hicks said the case remains on track.

“Everything we do is as a team and her leaving the office just means the next person steps in and does the job even better,” he said.

Hicks is the third district attorney to oversee the state case in the Aug. 3, 2019, Walmart terror attack. At least nine prosecutors who were previously in charge of the case have either resigned or moved out. 

The gunman, Patrick Crusius, pleaded guilty to various hate crimes and weapons charges in federal court. He had posted an online screed saying he was trying to “stop the Hispanic invasion of Texas.” He was sentenced to 90 consecutive life sentences after the U.S. Justice Department decided not to seek the death penalty, and is currently being held at the El Paso County Detention Facility.

A date for the state trial has not been set.

Hicks was appointed district attorney by Gov. Greg Abbott after former District Attorney Yvonne Rosales resigned in December 2022 amid accusations of massive failings in her office, including the prosecution of the Walmart case.

Hicks has announced that he will seek the Republican Party nomination for DA during the March primary. Three Democrats are seeking the nomination. The primary winners will face off in November.

This article first appeared on El Paso Matters and is republished here under a Creative Commons license.