City of El Paso asks Texas Attorney General to rule on Sun Metro explosion documents

EL PASO, Texas (KVIA) -- The El Paso City Attorney's Office is seeking an opinion from the Texas Attorney General's Office to determine if it has to release documents related to the fire at the Sun Metro Operations Center.

Officials say the fire started in a bus maintenance garage on February 11. It was initially described as a vehicle explosion.

To date, officials have released few details, including what caused it.

The fire killed one, and injured seven, according to city officials.

Under the Texas Public Information Act, ABC-7 asked the city to release the standard police and fire reports routinely given out, along with the names and job titles of the injured Sun Metro employees. We also asked for video camera footage captured by taxpayer-owned cameras.

In a form letter sent to Texas Attorney General Ken Paxton, Senior Assistant City Attorney Evan Reed asked for permission to withhold all information requested by ABC-7 and other news organizations.

"At this time, Sun Metro is unable to retrieve some of the records due to the building damage sustained in the explosion and subsequent fire at issue in these requests," Reed wrote in his letter to Paxton.

The city also wrote media failed to include some information required by law in its body-camera footage request.

"The City believes that the request for body worn camera video is improper as a subject is not provided as required by Art. 2B.0112 Release of Information Recorded by Body Worn Camera of the Texas Code of Criminal Procedure. Therefore, the City will not process that portion of the requests," the letter stated.

The city is also asking to withhold crime scene images. It believes those images are confidential under state law, according to the letter.

Also in the letter, Reed cited, "The city respectfully submits that the remaining information is exempt from disclosure at this time because (1) litigation is pending or reasonably anticipated, and (2) the information requested relates to that litigation."

Under the Texas Public Information Act, law enforcement agencies must release basic information to the public. This includes the front page of an investigative report. Some information, however, can be withheld under the law.

Laura Cruz-Acosta, spokesperson for the City of El Paso, released the following to ABC-7:

"The City of El Paso is committed to transparency while ensuring that legal and investigative processes are not compromised. The City Attorney’s Office has asked the Texas Attorney General to determine whether certain records related to the Sun Metro explosion are exempt from release.

This request is based on legal exceptions, including:

• Ongoing Investigations: The incident remains under active review by multiple agencies, and releasing records could interfere with the process.
• Pending or Anticipated Litigation: Legal notices requesting evidence preservation signal potential litigation, which may protect certain records from release.
• Confidential and Sensitive Information: Some records may be protected under privacy laws or law enforcement statutes.

We will release all appropriate information once the Attorney General issues a ruling."

When a ruling is sought, the Texas Attorney General generally issues an opinion within 45 business days.

ABC-7 has written to Attorney General Ken Paxton asking him to release the records to the public.