Still no trial date in El Paso Walmart shooting case; both sides blame each other for slow progress

UPDATE -- El Paso District Judge Sam Medrano set a new hearing for the state's ongoing Walmart shooting case after little progress in the case.

Thursday's status hearing provided more insight into what both sides are facing.

El Paso District Attorney Bill Hicks explained Patrick Crusius is now in the custody of the state.

He said they had completed turning over evidence to the defense. Included in the recent evidence were ballistic reports, dash camera videos and surveillance footage. DA Hicks also insisted they were ready to go to trial.

Meanwhile, defense attorney Joe Spencer argued that his team was not ready to go to trial. He said this was an issue of justice versus politics, claiming the district attorney was only concerned about getting re-elected.

Last week ABC-7 learned the charges for Crusius had been split. All aggravated assault with deadly a deadly weapon charges together, but upgraded them from second to first-degree felony, and separate from the capital murder charges.

DA Hicks previously told ABC-7 this was to streamline and organize the case.

On Thursday, Spencer said he "doesn't understand the logic. It will absolutely not streamline." The defense also argued this would instead double the costs and the time.

"He has told the public in the community it's going to streamline jury selection. That's absolutely ridiculous. It is not going to streamline jury selection either. You don't have experience in jury selection on a death penalty case or you just misrepresenting once again for the reasons why they did. But it is not going to streamline the case because we have to address those issues. They are part of the case. So I don't understand the reason for that. It makes no sense," Spencer said.

Spencer also talked about the challenges his team has faced.

He explained just last month his team received an overwhelming amount of evidence, weeks before Thursday's hearing. Spencer also said they are dealing with the same issues they were previously faced with including corrupt files and duplicates. Spencer said there were thousands and thousands of pieces of evidence from the DA that were duplicates of each other.

"He should have spent his time organizing files instead of hosting press conferences," Spencer said.

Hicks then argued the defense is attempting to "delay, delay, delay!" the case.

Judge Sam Medrano also questioned DA Hicks about this. At the end, Judge Medrano scheduled another hearing for Feb. 22nd.

EL PASO, Texas (KVIA) -- A status hearing is scheduled Thursday afternoon to get an update on the state's case against the August 3rd Walmart shooter.

Thursday's hearing may provide a better understand of the case's timeline. Attorneys are set to provide updates on where each side stands.

During the last hearing, we learned the state trial for the gunman the 2019 Walmart massacre could take up to two years to begin.

In September, defense attorney Joe Spencer told the district judge the DA's office had only provided them with 58% of total evidence. They also claimed they had issued with the evidence. Defense attorneys cited duplicates, corrupt files and they also claimed a file gave their computer a virus.

District Attorney Bill Hicks also explained his office was experiencing similar issues involving evidence.

Last week, ABC-7 noticed a change to the state case against the Walmart shooter Patrick Crusius.

Court records revealed the 22 charges of aggravated assaulted with a deadly weapon were dismissed in December. ABC-7 asked El Paso District Attorney Bill Hicks about this change. He said his office is working to organize the massive criminal case.

Records also showed, Crusius was re-indicted on those aggravated assault charges last September.

The DA explained at the time, his office had upped the charged from a second-degree felony to a first-degree felony. Second-degree felony convictions come with up to 20 years. But those sentenced on first-degree felonies face up to 99 years in prison.

Hicks said separating the charges will help explain to jurors the capital murder charge verses all the charges together.

Crusius has already been convicted in federal court of killing 23 people and injuring 22 others inside the Cielo Vista Walmart. ABC-7 obtained records under the Texas Public Information Act showing Patrick Crusius’ case has cost Texas taxpayers close to $2 million, to date.