Uvalde grand jury visits scene of Robb Elementary massacre
Video still frames from the body camera of officer Justin Mendoza of law enforcement operations during the mass shooting at Robb Elementary School in Uvalde, Texas.
A Uvalde grand jury visited Robb Elementary School as part of its inquiry into the 2022 mass shooting and the failed police response to the massacre.
The 12 jurors toured the school Tuesday morning for about an hour, the Express-News confirmed through sources familiar with the visit. It was unclear whether the jurors asked to see the scene.
The Uvalde Consolidated Independent School District said it did not coordinate the visit, and referred further questions to the Uvalde district attorney.
“The (grand) jury members' visit to Robb Elementary is outside the district's jurisdiction,” UCISD spokeswoman Anne Marie Espinoza said in an email.
District officials have said that demolition of Robb has been delayed because lawyers representing victims’ families and prosecutors have requested access to the school for their ongoing investigations.
Uvalde County District Attorney Christina Mitchell declined to comment on the grand jury’s visit, as well as how long it will continue its work or any questions regarding the grand jury.
Grand jury proceedings are secret.
On May 24, 2022, a gunman killed 19 fourth-graders and two teachers at Robb before he was shot dead by a Border Patrol-led team.
Law officers waited 77 minutes before breaching a classroom door to confront the gunman.
The delay resulted in roiling anger among victims' families and allegations that a quicker response to kill the shooter could have saved lives.
Nearly 400 law officers from local, state and federal agencies responded.
Mitchell convened the grand jury late last year.
It began hearing testimony in January — a day after the Justice Department released a report in Uvalde blasting the law enforcement response.
Mitchell has previously said that among the potential issues to be investigated are whether anyone helped the gunman buy weapons and ammunition, and whether any law enforcement officer could be held criminally responsible for the police response.
Visits to the crime scene by grand juries are rare.
In 2016, a grand juror in the JonBenet Ramsey murder case revealed that the grand jury he served on visited the crime scene — the Ramsey family home in Colorado — during its inquiry into that slaying.
The 6-year-old beauty queen, who lived in Boulder, Colo., with her parents and brother, was found dead in the family home’s basement on the day after Christmas in 1996.
JonBenet had been strangled and suffered a severe head injury.
UVALDE MASS SHOOTING
Ex-schools police chief indicted
Former officer who was among first in building also faces felony counts
AUSTIN — The former Uvalde schools police chief was indicted over his role in the slow police response to the 2022 massacre at a Texas elementary school that left 19 children and two teachers dead, the local sheriff said Thursday.
Pete Arredondo was indicted by a grand jury on 10 counts of felony child endangerment/abandonment and briefly booked into the county jail before he was released on bond, Uvalde Sheriff Ruben Nolasco told The Associated Press in a text message Thursday night.
The Uvalde Leader-News and the San Antonio Express-News reported that former school officer Adrian Gonzales also was indicted on multiple similar charges.
The Uvalde Leader-News reported that District Attorney Christina Mitchell confirmed the indictment.
Mitchell did not return phone and email messages from The Associated Press seeking comment.
Several family members of victims of the shooting did not respond to phone messages seeking comment.
The indictments would make Arredondo, who was the on-site commander during the attack, and Gonzales the first officers to face criminal charges in one of the deadliest school shootings in U.S. history.
A scathing report by Texas lawmakers that examined the police response described Gonzales as one of the first officers to enter the building after the shooting began.
The indictments were kept under seal until the men were in custody. It was unclear when Arredondo’s indictment would be publicly released.
The indictments come more than two years after an 18-year-old gunman opened fire in a fourth-grade classroom, where he remained for more than 70 minutes before officers confronted and killed him.
In total, 376 law enforcement officers massed at Robb Elementary School on May 24, 2022, some waiting in the hallway outside the classroom, even as the gunman could be heard firing an AR-15-style rifle inside.
The office of a former attorney for Arredondo said they did not know whether the former chief has new representation.
The AP could not immediately find a phone number to reach Gonzales.
Arredondo lost his job three months after the shooting.
Several officers involved were eventually fired, and separate investigations by the Department of Justice and state lawmakers faulted law enforcement with botching their response to the massacre.
Whether any officers would face criminal charges over their actions in Uvalde has been a question hanging over the city of 15,000 since the Texas Rangers completed their investigation and turned their findings over to prosecutors.
Mitchell’s office has also come under scrutiny.
Uvalde city officials filed a lawsuit last year that accused prosecutors of not being transparent and withholding records related to the shooting.
Media outlets, including the AP, have sued Uvalde officials for withholding records requested under public information laws.
But body camera footage, investigations by journalists and damning government reports have laid bare how over the course of over an hour, a mass of officers went in and out of the school with weapons drawn but did not go inside the classroom where the shooting was taking place.
The hundreds of officers at the scene included state police, Uvalde police, school officers and U.S. Border Patrol agents.
In their July 2022 report, Texas lawmakers faulted law enforcement at every level with failing “to prioritize saving innocent lives over their own safety.”
The Justice Department released its own report in January that detailed “cascading failures” by police in waiting far too long to confront the gunman, acting with “no urgency” in establishing a command post and communicating inaccurate information to grieving families.
Uvalde remains divided between residents who say they want to move past the tragedy and others who still want answers and accountability.
During the first mayoral race since the shooting, locals voted in a man who had served as mayor more than a decade ago over a mother who led calls for tougher gun laws after her daughter was killed in the attack.
Robb Elementary School is permanently closed.
The city broke ground on a new school in October.
Former Uvalde school police chief Pete Arredondo indicted
The former chief of the Uvalde school district police and a former officer have been indicted on charges of child endangerment for their roles in the bungled police response to the 2022 massacre at Robb Elementary School.
A Uvalde County grand jury indicted then-Chief Pedro "Pete" Arredondo and then-officer Adrian Gonzales on charges of abandoning/endangering a child, a state jail felony.
They are the first criminal charges against law enforcement officers in connection with the May 24, 2022, incident, the deadliest school shooting in Texas history. Nineteen fourth-graders and two teachers were killed.
Arredondo, as chief of the Uvalde Consolidated Independent School District's small police force, was the presumed incident commander.
Gonzales was a member of the school police force.
Arredondo turned himself in at the Uvalde County Jail on Thursday afternoon to be booked on 10 counts of child endangerment.
He was later released on bond.
Gonzales was charged in a separate indictment with 29 counts of child endangerment: one for each of the 19 children who died and one for each of 10 survivors who suffered physical or psychological injuries. He was expected to turn himself in on Friday.
Efforts to reach Arredondo for comment were unsuccessful.
Gonzales hung up in response to a reporter's call.
State Sen. Roland Gutierrez, a Democrat whose district includes Uvalde, said Thursday that families of two of the victims told him they had met with Christina Mitchell, district attorney for Uvalde and Real counties, and that she briefed them on the indictments.
Mitchell disclosed in January that she had convened a grand jury to weigh the evidence and consider possible criminal charges related to the shooting.
On Tuesday, the 12 members of the grand jury toured the now-shuttered elementary school for about an hour.
Gutierrez expressed outrage that only Arredondo and Gonzales were indicted.
He noted that nearly 400 law enforcement officers from two dozen agencies, including the Texas Department of Public Safety, responded to the shooting.
"If they're going to indict those two officers, they need to indict the 13 DPS troopers in that hallway," Gutierrez said in an interview. "That's very disturbing to me."
Mitchell said Thursday that she could not comment on the indictments beyond thanking the grand jury for its work.
"They met for six months. They took a hard look at the case and were very deliberate and thoughtful in all their deliberations," she said.
The law enforcement response to the shooting has been widely condemned as an abject failure.
At least 380 officers from two dozen local, state and federal agencies went to the scene, but none forced their way into the classroom to confront the shooter until 77 minutes after he began his rampage.
In January, the U.S. Justice Department released the results of an exhaustive investigation that found that leadership failures caused needless delays in neutralizing the gunman while children lay bleeding in their classroom.
The inquiry was not a criminal investigation; it was a "critical incident review" to identify lessons to be learned.
That investigation and others faulted Arredondo for deciding early on to treat the shooter as a barricaded subject rather than an active threat to children in the classroom.
Under police doctrine, officers are supposed to act immediately to take down an active shooter, even at risk to their own lives.
In contrast, with a barricaded subject, time is not of the essence, and police can weigh their options.
“Had law enforcement followed generally accepted practices in an active-shooter situation and gone right after the shooter to stop him, lives would have been saved, and people would have survived,” U.S. Attorney General Merrick Garland said in releasing the Justice Department report.
The shooter, an 18-year-old armed with a high-powered semiautomatic rifle, walked into the West Building at Robb Elementary at 11:33 a.m. on May 24, 2022.
He went to classrooms 111 and 112, which were interconnected, and fired more than 100 rounds in the next 2½ minutes, investigators later determined.
Arredondo and Gonzales, among the first officers on the scene, entered the building moments later.
Two other officers, both with the Uvalde Police Department, approached the classrooms, and when they were near the door, the shooter unleashed a barrage of rifle fire through the door and the wall.
Shrapnel struck one of those officers in the head and the arm, the other in the ear.
They retreated and began calling for reinforcements, bulletproof shields and other equipment.
At 11:55 a.m., Arredondo announced that police would not try to enter the classrooms and instead would clear the rest of the building and try to negotiate with the shooter, according to the Justice Department report and other inquiries.
Uvalde police officers wanted to storm the classroom as soon as they had bulletproof shields for protection, but Arredondo's announcement "overrode" that plan, according to an investigation conducted for the city of Uvalde.
Because the school police force had jurisdiction over the incident and Arredondo was its chief, officers and supervisors from the many other agencies that responded to the shooting deferred to his decisions, according to the Justice Department report.
Gonzales is barely mentioned in official reports on the shooting. The inquiry done for the city said Gonzales had SWAT training and that two months before the massacre, he was the instructor at an active shooter training for Uvalde school police held at the Southwest Texas Junior College Law Enforcement Training Academy.
Months after the massacre, the school district fired Arredondo and replaced the entire school police force.
Ana Rodriguez, whose 10-year-old daughter, Maite, died in the shooting, said of the indictments:
"It’s a step forward but this is simply not enough. There were numerous officers with knowledge that it was an active shooter situation. Others need to also be held accountable for their inaction."
Don McLaughlin Jr., Uvalde's mayor at the time of the shooting, pointed out that nearly 400 law enforcement officers from various agencies were on the scene that day.
"If you’re going to indict those (two) officers, then we need to look at the other agencies that had officers there, because all these reports seem to gloss over their involvement," he said.
Indictment: Pete Arredondo's missteps were 'criminal negligence'
UVALDE — In bungling the police response to the 2022 mass shooting at Robb Elementary School, Pedro "Pete" Arredondo, then chief of the Uvalde school district police, committed crimes by intentionally endangering the lives of children, according to an indictment.
The indictment, voted by a Uvalde County grand jury and made public Friday, accuses Arredondo, 52, of acting "knowingly, recklessly and with criminal negligence" when he decided to try to negotiate with the shooter rather than send officers into the classroom immediately to confront and kill the 18-year-old attacker, who was armed with an assault rifle.
The charges are the first to be brought against law enforcement officers in connection with the May 24, 2022, massacre.
Arredondo "failed to identify the incident as an active shooter incident, failed to respond as trained … and instead called for SWAT, thereby delaying the response by law enforcement officers to an active shooter who was hunting and shooting a child or children in Room 112 at Robb Elementary School," the indictment states.
The shooter killed 19 fourth graders and two teachers. Arredondo is charged with child abandonment or endangerment, a state jail felony. The indictment lists 10 counts against him, one for each of 10 children who survived the massacre but suffered physical or psychological harm. He is not charged with responsibility for any of the deaths.
The indictment accuses Arredondo of directing officers to evacuate other classrooms in the fourth grade building at Robb before confronting the gunman, who was holed up in two interconnected classrooms, 111 and 112.
The indictment says Arredondo told other officers to hold off on breaching those rooms.
It also alleges that Arredondo neglected to find out whether the door to one of the two classrooms was locked and that he failed to provide keys and breaching tools to officers in a timely manner so they could bring the siege to an end.
The indictment goes on to say that Arredondo violated policy by failing to establish a command center, which left police officers, Border Patrol agents and other law enforcement personnel who responded to the shooting "without clear information or direction."
Also charged by the grand jury was Adrian Gonzales, a school police officer at the time of the shooting.
Gonzales, 51, of Kyle, is charged with 29 counts of child endangerment — one count for each of the 19 children killed and one for each of the 10 injured survivors.
Gonzalez — like Arredondo — was among the first officers on the scene, arriving minutes after the shooter and entering the fourth grade building through the south entrance.
By then, the attacker was inside rooms 111 and 112 and had fired more than 200 rounds from his AR-15-style rifle.
"After hearing gunshots and after being advised of the general location of the shooter and having time to respond to the shooter, Gonzales failed to engage, distract or delay the shooter” or even try to do so, the indictment states.
It also says Gonzales did not follow his active shooter training and “did not voluntarily deliver” any of the victims to a place where they could receive emergency medical care.
'Unprecedented'
Gonzales will fight the charges, said his lawyer, former Bexar County District Attorney Nico LaHood.
"Mr. Gonzales' position is he did not violate school district policy or state law," LaHood said.
"The application of this statute, to law enforcement, under these circumstances is unprecedented in the state of Texas," LaHood said.
"It is very early on in our representation, so we will be working to acquire the evidence the government is relying on in this accusation … It will take time to evaluate these allegations and the underlying facts."
Arredondo turned himself in Thursday and was booked into the Uvalde County Jail.
He was released on bond a short time later.
He was required to post a $10,000 bond on one of the counts of child endangerment.
He was released on his own recognizance on the others.
Gonzales surrendered to authorities Friday afternoon and was freed on terms identical to those for Arredondo.
The Texas Penal Code defines child abandonment/endangerment as "intentionally, knowingly, recklessly, or with criminal negligence" engaging in conduct that places a child younger than 15 in imminent danger of death, injury, or physical or mental impairment.
A child can be endangered through "acts or omissions," meaning that a failure to act can be deemed criminal under certain circumstances.
It was unclear whether other police officers would be charged.
Nearly 400 law enforcement personnel from two dozen local, state and federal agencies responded to the shooting.
It was also unclear why Arredondo was charged with regard only to 10 injured children, while Gonzales was also charged in relation to the 19 who were killed.
The indictment suggests Gonzales squandered an opportunity to prevent the shooter from getting inside the classrooms in the first place.
Without elaborating, it says he "failed to act in a way to impede the shooter until after the shooter entered rooms 111 and 112 … and shot at a child or children."
A private investigator who examined the shooting for the city of Uvalde said in his report that Gonzales was "the first officer on campus," arriving before the attacker had entered the school, and that Gonzales "passed the shooter while he drove up."
A similar reference appears in a Justice Department review of the incident.
The DoJ report does not name Gonzales, but says the officer drove into the school parking lot after hearing radio traffic about a shooter at Robb Elementary.
"The officer does not appear to see the subject, who is nearby in-between vehicles in the parking lot," the report states.
The police response to the shooting, the deadliest school shooting in Texas history and the second-deadliest ever in the U.S., has been widely condemned as an abject failure.
Despite the massive law enforcement presence, officers did not confront and kill the shooter until 77 minutes after he began his rampage.
During that time, terrified children called 911 from inside the classrooms, pleading to be rescued.
'Lives would have been saved'
In January, the Justice Department released the results of its investigation, which documented a cascade of leadership failures.
That investigation and other inquiries faulted Arredondo for deciding early on to treat the shooter as a barricaded subject rather than an active threat.
Under police doctrine, officers are supposed to act immediately to take down an active shooter, even at risk to their own lives.
In contrast, with a barricaded subject, time is not of the essence, and police can weigh their options.
“Had law enforcement followed generally accepted practices in an active-shooter situation and gone right after the shooter to stop him, lives would have been saved, and people would have survived,” U.S. Attorney General Merrick Garland said in releasing the Justice Department report, which was a "critical incident review," not a criminal indictment.
The report described Arredondo as "the de facto on-scene incident commander" and said he "directed officers at several points to delay making entry into classrooms 111/112 in favor of searching for keys and clearing other classrooms.
"This was a major contributing factor in the delay to making entry into rooms 111/112," the report added. "The time it took to evacuate the entire building was 43 minutes.
"Chief Arredondo had the necessary authority, training, and tools," the Justice Department review said. "He did not provide appropriate leadership, command and control."
Arredondo has said he held off on sending officers into rooms 111-112 until the building had been evacuated because he wanted to avoid further loss of life from an exchange of gunfire with the attacker.
As the incident was unfolding, an officer's bodycam picked up Arredondo explaining that he was "trying to preserve the rest of the lives first."
Months after the massacre, the school district fired Arredondo and replaced the entire school police force.
The Texas Rangers began a criminal investigation on the day of the shooting.
A year ago, the Rangers turned the results of their investigation over to Christina Mitchell, district attorney for Uvalde and Real counties.
Mitchell disclosed in January that she had convened a grand jury to weigh possible criminal charges related to the shooting.
Former school district police chief indicted
2nd ex-officer charged with failing to protect children
UVALDE – A 10-count indictment made public Friday accuses former Uvalde school district Police Chief Pete Arredondo of 10 missteps that led to the botched law enforcement response to the active shooter who killed 19 children and two teachers at Robb Elementary School in May 2022.
Authorities on Thursday booked Arredondo into the Uvalde County Jail, where he spent about 90 minutes before being released on bond.
A grand jury also indicted former school district police officer Adrian Gonzales, whose role has been less public in the 25 months since the shooting.
A separate indictment charges him with 29 counts of child abandonment/ endangerment, accusing him of hearing gunshots and “having time to respond to the shooter,” but instead Gonzales “failed to engage, distract and delay the shooter and failed to act in a way to otherwise impede the shooter until after the shooter entered Rooms 111 and 112 of Robb Elementary School.”
The indictments are the culmination of a six-month grand jury investigation that included months of in-person testimony, including from Texas Department of Public Safety director Col. Steve McCraw in late February.
The officers face up to two years in jail and a $10,000 fine if convicted of the state jail felony charges.
According to the documents, Arredondo is charged with failing to act to protect survivors of the attack, including then-10-year-old Khloie Torres, who called 911 during the attack and begged for help.
The documents also name Samuel Salinas, who was also 10 at the time, who said in interviews that he “played dead” to survive the attack.
The indictment states that Arredondo “failed to respond as trained to an active shooter incident … thereby delaying the response by law enforcement officers to an active shooter who was hunting and shooting a child or children in Room 112 at Robb Elementary School.”
It states that after he was informed that children were injured in the classroom, Arredondo directed law enforcement officers to evacuate a wing of the school before confronting the 18-yearold shooter.
The indictment also accuses him of wrongly attempting to negotiate with the shooter and declaring to other police officers that they should not breach the classroom until an evacuation had occurred.
The charges follow two years of intense pressure from the families of many of the shooting victims, who have repeatedly demanded accountability.
They also come after a damning U.S. Justice Department report in January that cited “cascading failures” in the botched law enforcement response.
“As a consequence of failed leadership, training, and policies, 33 students and three of their teachers — many of whom had been shot — were trapped in a room with an active shooter for over an hour as law enforcement officials remained outside,” the report concluded.
The indictments also serve as yet another contrast from the initial false narrative of police heroism that authorities first provided.
In the initial aftermath, officials said more children would have died had responding officers not acted more quickly — a story that fell apart in the following weeks and months and was completely dismantled when the American-Statesman and KVUE-TV obtained a 77-minute video of the law enforcement breakdown.
The cases mark the second and third times nationally that a law enforcement officer faced charges for failing to act during an on-campus shooting.
Last year, a Broward County, Florida, jury acquitted former sheriff’s deputy Scot Peterson of child neglect and other charges for failing to confront a shooter who killed 17 people at Marjory Stoneman Douglas High School in Parkland.
He was the only armed school resource officer on campus when that 2018 shooting started.
Legal experts said the case, had it resulted in a guilty verdict, could have set a precedent by more clearly defining the legal responsibilities of police officers during mass shootings
The facts are the facts, and bottom line is, McCraw lied about when his first DPS officer arrived and what he did.
McCraw told the Senate that his first-arriving DPS officer arrived after gunfire had stopped and immediately entered the building.
This is not true.
His DPS officer arrived outside the building while gunfire was going on, didn't enter, and then discouraged a Uvalde officer from entering the classroom.
McCraw would later tell the Senate that his DPS officers didn't enter the room because they had "misinformation“ – his DPS officers didn't know there were shot/injured children inside the classroom. Nonsense.
This DPS officer — SGT. JUAN MALDONADO — can be seen on DPS bodycamera saying: “God this is so sad, dude. He shot kids, bro."
Other DPS officers also knew about the children inside the classroom.
Condemn our highest-ranking law-enforcement official for lying to the Senate about the mass-murder of children.
Investigating the shooting: What we’ve learned.
Two years ago, twenty-one souls were taken in the most horrific way.
Afterwards, we expected our government agencies and even our media to treat this subject, the mass murder of children, with the seriousness it deserved – without sensationalism, politics, self-serving agendas, blame-deflection and finger pointing.
And without lies.
That didn’t happen.
We were naive.
Jeffrey Badger and Will Moravits are two Uvalde natives who were so disturbed by the lies and distortions that we started doing our own research.
We put up a Facebook page titled “The Uvalde Shooting: Facts, Lies and Narratives”, where we publish our findings.
We’ve been at it for a year and a half. Here’s what we discovered:
Because of media sensationalism, many Americans believe that the gunman was massacring children for over an hour while officers listened to their screams. Even Al Gore repeated this false narrative.
Colonel Steve McCraw, Director of the Texas Department of Public Safety, has repeatedly lied. Not "deceived" or given a "different opinion".
But lied.
We have documented these lies by comparing his statements to the hallway and body-camera video. When he has not lied outright, he has cherry-picked facts and omitted other facts to manufacture his changing narratives.
Over thirty officers violated active-shooter protocols. This includes Uvalde officers, DPS officers, a Texas Ranger, and the highly trained SWAT/BORTAC Commander.
Poor police responses to mass shootings are common. At many shootings, officers don't even enter the building when there is an active shooter or while gunfire is going on (Pulse, Borderline, Parkland, Binghamton, Pittsburg Synagogue, etc.). Often, they wait outside the building until gunfire stops. And even then, they often don't enter.
If Uvalde officers had responded as officers did at several other shootings – waiting outside while the gunman roamed the building – we may have seen 50 or 100 dead children.
After the shooting, Governor Abbott and DPS Director McCraw put out a false narrative of police heroism and quick action. This is not surprising. After other shootings, officials and politicians often put out narratives of police heroism – even when police performed worse than Uvalde.
At some of these shootings, the officers who waited outside were later hailed as heroes. (See our work on the 2016 Pulse shooting.)
What was unique about Uvalde was not the poor police response. It was that the hallway and body-camera video was leaked to the public. We got to see the chaos and failures up close. That caused the false narratives to fall apart.
In his interview, Officer Coronado begged for somebody to tell him how to enter that room. So far, nobody has told him. DOJ/COPS delivered a 610-page report with 272 recommendations. Not one recommendation tells officers (including the highly trained BORTAC Commander, who waited) how to immediately enter that room without getting more children killed.
DOJ/COPS appears to be a corrupt organization. Their Critical Incident Reviews are largely blame-deflection and "scandal management". Here's why: a) The DOJ/COPS Uvalde report assigned blame to every single agency except to the fellow Federal Agency: Border Patrol, whose BORTAC team arguably violated protocols worse than anybody. b) At the Pulse shooting, one, two, and up to fourteen officers waited outside the building for nine minutes while the gunman fired 200 rounds inside. Officers then waited three hours before entering the bathroom to rescue shot/injured hostages. Severe violations of active-shooter protocols. Later, DOJ/COPS delivered a glowing report, saying all officers responded with "best practices" and "performed with great heroism and skill."
Compared to an ideal, the Uvalde police response was an abject failure.
Compared to other shootings, the Uvalde police response was decent. Just getting into the building – better than at many shootings – probably saved lives.
We need to learn from Uvalde, so that if/when officers are confronted with a similar situation, they will a) have the confidence to enter the room; and b) have the skills to enter that room without getting more children shot (as happened recently at the Lakewood shooting). So far, our government agencies have avoided the difficult questions. They have not given us any real "lessons learned”.
On May 24, 2022, the adults failed to adequately protect the children at Robb School. Then, the adults failed again. Instead of asking difficult questions and coming up with solutions, the adults went for blame deflection, finger pointing and easy answers.
It was the mass murder of children. The adults have to do better. There’s still time to change that.
Uvalde indictments test police duty to confront active shooters
After a grand jury indicted two former school police officers for their roles in the botched response to the mass shooting at Robb Elementary School in Uvalde, legal experts are looking to a Florida trial for clues to how the charges could play out.
The central question in both cases: Can police be held responsible for doing nothing when lives are at risk?
Or, stated bluntly, is cowardice a crime?
Pedro "Pete" Arredondo, then chief of the Uvalde school district police, and one of his officers, Adrian Gonzales, are charged with child endangerment or abandonment for their alleged inaction on May 24, 2022, when a teenage gunman killed 19 fourth-graders and two teachers.
In indictments made public Friday, a Uvalde County grand jury said Arredondo and Gonzales committed "criminal negligence" by failing to follow their active-duty training and confront the shooter immediately.
Instead, Arredondo directed officers to treat the attacker as a barricaded subject and tried to negotiate with him while children lay bleeding in their classrooms, his indictment states.
The siege ended when four Border Patrol agents and two sheriff's deputies stormed the classrooms and killed the shooter 77 minutes after he began his rampage.
Similar charges have been brought only once before.
A school resource officer at Marjory Stoneman Douglas High School in Parkland, Fla., was charged with felony child neglect for failing to enter a building where a gunman was shooting at students and teachers.
Seventeen people were killed in the Feb. 14, 2018, incident.
A year ago, a Florida jury found the officer, Scot Peterson, not guilty of all charges.
Bob Jarvis, a law professor at Nova Southeastern University in Fort Lauderdale, said the criminal charges in the Parkland and Uvalde shootings are “opening up a whole new legal frontier.”
“We have never in this country held police liable for cowardice — for failing to do their duty in one of these active shooter situations,” said Jarvis, who followed the Parkland proceedings.
'A heartless shooter'
Police have no legal responsibility to jump into dangerous situations to protect others, he said, even though the public expects law enforcement to do that in active shooter situations, and their training often dictates the same.
That’s led prosecutors to rely on difficult-to-prove charges such as child endangerment and neglect.
Adrian Gonzales, right foreground, helps other law enforcement personnel evacuate students and staff from Robb Elementary School during a mass shooting on May 24, 2022.
Gonzales was a school district police officer at the time.
He's charged with child endangerment for failing to act to neutralize the shooter.
Adrian Gonzales, right foreground, helps other law enforcement personnel evacuate students and staff from Robb Elementary School during a mass shooting on May 24, 2022.
Gonzales was a school district police officer at the time.
He's charged with child endangerment for failing to act to neutralize the shooter.
Still, Arredondo and Gonzales have a tough fight ahead of them, said Mark Eiglarsh, the Florida defense attorney who represented Peterson.
“The sympathy level is as high as it could possibly be as a result of the abhorrent acts committed by a heartless shooter,” Eiglarsh said by email. “That will make it especially challenging for the officers to get a fair trial.”
Jarvis said he wouldn’t be surprised if Arredondo and Gonzales try to have their trials moved to a venue outside Uvalde County, a rural county of 25,000 people, many of whom likely have strong feelings about law enforcement’s response to the shooting.
Political activism by parents of the slain children has kept a spotlight on the case for the past two years.
The families have pressed authorities to hold police accountable for the loss of life at Robb, and they have lobbied the Texas legislature, so far without success, to raise the minimum age to purchase semiautomatic weapons.
State Republican leaders instead have bolstered funding to fortify schools and increase access to mental health care.
Though the Parkland and Uvalde cases are similar, there are key differences that could affect the outcome of a trial, Eiglarsh said.
For one, Peterson said he didn’t know where the shots were coming from at Parkland, so he took cover.
He never questioned whether he was dealing with an active shooter.
Arredondo and Gonzales, by contrast, were among the first police officers on the scene and knew exactly where the shooter was: in a pair of interconnected classrooms.
Defense lawyers will likely argue “that while they might not have made the right calls, they did not commit a criminal offense,” Eiglarsh said. “They can concede that they were negligent, but they were not culpably negligent, which is a much higher standard.”
After Peterson was acquitted, Eiglarsh called the verdict “a victory for every law enforcement officer in this country who does the best they can do every single day.”
Sandra Guerra Thompson, a law professor at the University of Houston, said prosecutors have a high bar to meet in securing criminal convictions over the police response at Robb.
Gonzales' attorneys may argue that the officer was simply following Arredondo’s instructions, she said.
“As a moral matter, we would hope that officers would do this or would do that,” Thompson said. “But what we think is a good idea or the right thing to do isn't enough under the law to convict somebody of a crime for failing to act. You have to show that they were legally required to act, and that's going to be the hard part.”
'Failed to engage'
Arredondo and Gonzales were charged under a provision of the Texas Penal Code that defines child abandonment/endangerment as "intentionally, knowingly, recklessly, or with criminal negligence" placing a child younger than 15 in imminent danger of death, injury or mental impairment.
Under the law, a child can be endangered through "acts or omissions," meaning that a failure to act can be deemed criminal.
State and federal investigations into the Robb massacre have faulted police for failing to go into the classroom earlier, especially Arredondo as the chief of the school police.
Arredondo has denied he was in charge, but reviews by the U.S. Justice Department and a special Texas House committee found that he was the de facto incident commander and that officers and supervisors from other agencies deferred to him.
The grand jury indictment blames Arredondo for wasting time by evacuating classrooms, looking for keys and trying to negotiate with the shooter, even though he had heard rifle fire and knew children and at least one teacher had been shot.
In Gonzales’ case, the indictment states that the former officer “failed to engage, distract or delay the shooter” even though he had time to do so.
Jarvis, the Florida law professor, said that since the 1999 shooting at Columbine High School in Colorado, in which 12 students and a teacher were killed, the public has demanded that police “do the superhuman and do the impossible.”
He said the Uvalde officers’ defense teams likely will contend that even if police had acted by the book, the outcome wouldn’t have been different.
To make that argument, they could point to a passage in the Texas House committee's report:
"The attacker fired most of his shots and likely murdered most of his innocent victims before any responder set foot in the building."
The Justice Department review, however, found that some lives would have been saved if police had neutralized the shooter earlier, allowing emergency personnel to reach the wounded.
Ultimately, Jarvis said, the only person to blame for mass shootings is the shooter.
The way to curb such violence is not to prosecute police officers for inaction but to “cut down on this gun culture that the United States has."
Jarvis said he worries the Uvalde and Parkland cases could encourage more police officers to retire or leave the field.
“Let's be honest,” Jarvis said. “Police are sitting there saying, ‘I don't have the firepower. I'm not being paid enough to do this. My job is to get home safely at night to my family.’”
After two years, two Uvalde CISD officers have been indicted.
Even with all that is known about the failed police response in the Robb Elementary School mass shooting, it’s jarring to see former Uvalde CISD Police Chief Pedro “Pete” Arredondo in an orange jumpsuit.
As the Express-News reported Thursday, Arredondo, the presumed on-site commander at the shooting, and another officer were indicted on charges of child endangerment for their roles in the failed police response to the massacre.
On May 24, 2022, a gunman killed 19 children and two teachers at Robb Elementary School in Uvalde.
Although officers were on the scene within minutes and hundreds of officers from multiple agencies responded to the shooting, chaos reigned and it took some 77 minutes for federal officers to engage the killer.
Arrendondo faces 10 state jail felony counts of abandoning or endangering a child, one for each of the 10 fourth-graders who survived the massacre with physical and psychological injuries.
Then-Uvalde CISD officer Adrian Gonzales, one of the first officers to respond to the shooting, was charged with 29 counts of child endangerment: 10 counts for the surviving students and 19 for the children killed.
These are the first criminal charges brought against any officers who responded to the massacre.
While the perceived delay in making a determination about charges has been a rightful source of consternation and outrage for surviving families, the limited scope of these charges, just two officers, has also sparked outrage.
“If they’re going to indict those two officers, they need to indict the 13 DPS troopers in that hallway,” state Sen. Roland Gutierrez, a San Antonio Democrat who represents Uvalde, said in an interview with the Express-News, referring to state troopers who also failed to immediately engage the shooter. “That’s very disturbing to me.”
Don McLaughlin Jr., Uvalde’s mayor when the massacre occurred, and a Republican, raised a similar concern, noting nearly 400 officers ultimately descended on the school.
“If you’re going to indict those (two) officers, then we need to look at the other agencies that had officers there, because all these reports seem to gloss over their involvement,” he said.
These are fair concerns, which Christina Mitchell, district attorney for Uvalde and Real counties, must address.
Why has it taken more than two years to charge officers for their failed response to the massacre?
And why only two officers when so many stood in the hallway of Robb Elementary School?
The indictment accuses Arredondo, 52, of acting “knowingly, recklessly and with criminal negligence” for neglecting to determine if the door to classrooms 111 and 112 was locked, as well as failing to provide keys and breaching tools to officers in a timely manner.
He also directed officers to evacuate other classrooms at Robb before confronting the 18-year-old gunman, who was holed up in the two interconnected classrooms, according to the indictment.
Arredondo didn’t follow his training to stop the killing first.
Whatever the outcome of these charges, innocence or guilt, whether or not other officers are charged, the Uvalde massacre is a calamity that will be felt for generations.
Nothing changes this.
There will always be questions about the confused and craven police response, just as there will always be the void of the lives lost, the graduations that will never occur, the dreams of children that were never given the chance to be made real.
Officers who waited in the hall at Robb Elementary School will have to live with that reality.
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