El Paso Matters

'He believed the president':  Trumpist rhetoric cited as El Paso shooter is sentenced

The grinding path to justice for the most lethal mass shooter to ever appear in a U.S. courtroom came to an end Monday when Patrick Crusius pleaded guilty to murdering 23 people and wounding 22 others in an anti-Hispanic assault on an El Paso Walmart in 2019.

“The community you tried to break has become a symbol of resilience, of love overcoming hate, of humanity enduring in the face of evil,” 409th District Judge Sam Medrano said to Crusius after sentencing him to 23 life terms in prison. “This community will always remember those whose lives you stole – their names, their stories, their accomplishments. Their light will never fade. While you, your name and your hate, will be forgotten.”

Crusius was sentenced to life in prison without the possibility of parole for capital murder, and life in prison for each of 22 counts of aggravated assault with a deadly weapon. The capital murder and aggravated assault sentences will be served concurrently, meaning at the same time.

While the hearing was focused on a horrific hate crime from 5 1⁄2 years ago, both the prosecution and defense spoke of anti-immigrant rhetoric that lit the fuse for Crusius’ explosion and continues to animate political and media conversations.

“While Patrick claimed in his manifesto that his views predated the then-President (Donald Trump) and that political figures were not to blame, he also explicitly stated the attack was a response to the Hispanic invasion of Texas, echoing the language used by political figures,” defense attorney Joe Spencer told the court. “Indeed, Patrick believed he was acting in the direction of the president at the time, seeing it as his duty to stop the invasion because that’s what he believed the president was telling him.”

Spencer had first spoken of the influence of Trump’s rhetoric in a March interview with El Paso Matters. The White House didn’t respond to a request for comment at that time, and hasn’t responded to a request for comment about statements in court on Monday.

District Attorney James Montoya also cited anti-immigrant rhetoric in his remarks to the court. But he urged the community to focus on those whose lives were torn about by the 2019 attack.

“There’s a lot to say about the defendant and the hateful ideology that motivated him, and that there are other public figures and elected officials that espouse and promote this ideology,” he said. “But my sincere hope is that for the rest of this proceeding, this afternoon in the next few days and moving forward, that the focus can remain on the 23 lives that were taken from us far too soon.”

Montoya also took the unusual step of criticizing actions taken by his predecessor, Yvonne Rosales, and her associates. Rosales resigned in 2022 while facing a legal proceeding to remove her from office.

“I also wanted to take a moment, your Honor, on behalf of the state of Texas, to apologize to the community, and the court, and specifically the family of Gerhardt Alexander Hoffmann for the gross and abominable misconduct by one of my predecessors and her representatives, acting as representatives of the state of Texas, and their manipulation and terrorizing and frankly the revictimization of Mr. Hoffmann’s family during the pendency of these proceedings,” Montoya said.

El Paso Matters could not reach Rosales for comment.

An investigation ordered by Medrano found that then-Assistant District Attorney Curtis Cox and Roger Rodriguez, a private attorney working for Rosales, had retaliated against the family of Hoffmann, a Ciudad Juárez man killed in the attack, because they refused to participate in an effort to attack Medrano and a former prosecutor in the case.

Hoffmann’s son Thomas was at the hearing, but his widow, Rosa Maria Valdez Garcia, was not present.

The hearing

Crusius — in an orange and white jail jumpsuit and shackled — said little during the hearing other than pleading guilty and providing brief answers to Medrano’s questions about whether his guilty plea was voluntary and that he understood his rights.

During the hearing, Montoya read the names of each of the 23 people killed in the attack, as well as the 22 wounded.

The hearing was conducted amid intense security, both inside and outside the county courthouse. People attending the hearing had to go through multiple security screenings before being allowed in the courtroom.

Montoya decided last month to no longer pursue the death penalty, leading to the guilty plea.

While state and federal prosecutions of cases are now complete, the survivors of the mass shooting, and the families who lost loved ones face lives that have been horrifically altered.

More than 100 family members of those slain by Crusius were in the makeshift courtroom set up in the county commissioners’ meeting space to accommodate a large crowd.

A community shattered and healing

El Paso itself — selected by a man who lived 600 miles away to be the target of the deadliest act of anti-Hispanic violence in modern history — continues to heal. That path to healing has been complicated by political changes that have seen the gunman’s rhetoric of an “invasion” of Hispanic immigrants as part of a “great replacement” move from the darkest corners of the internet to mainstream political and media conversation.

“On August 3rd 2019, Patrick Crusius afflicted a wound on our community that may never fully heal. He brought violence and terror to a place of peace, shattering lives and forever changing the landscape of El Paso,” defense attorney Spencer said. “To everyone who lost loved ones, to those who were injured, to everyone who’s sense of safety was violated, we offer our deepest, most sincere condolences.”

Looking directly at Crusius, Medrano said: “Now, as you begin the rest of your life locked away, remember this: Your mission failed. You did not divide this city, you strengthened it. You did not silence its voice, you made it louder. You did not instill fear, you inspired unity. El Paso rose stronger and braver. The community you tried to break has become a symbol of resilience, of love overcoming hate, of humanity enduring in the face of evil.”

The Aug. 3, 2019, attack on the Cielo Vista Walmart killed 23 people, the sixth-deadliest mass shooting in U.S. history. The gunmen in the five more lethal killings — in Las Vegas; Orlando, Florida; Blacksburg, Virginia; Newtown, Connecticut; and Sutherland Springs, Texas — took their own lives or were killed by law enforcement.

Crusius, who was from Allen, a Dallas suburb, is the deadliest U.S. mass shooter to have to answer for his crimes in a courtroom.

Shortly before his attack, he posted what he called a “manifesto” on a website frequented by white nationalists that outlined his racist motivations.

In his statement to the court Monday, Spencer said his client had a long history of mental illness and had become radicalized by reading white nationalist websites on platforms like 4Chan and 8Chan. He has made similar statements at his client’s federal sentencing and in media interviews.

“This explanation of a severe mental illness and toxic political environment does not, in any way, justify or excuse the horrific violence that Patrick committed. He bears responsibility for the choices he made and the devastation that he caused,” he said.

In addition to his guilty pleas to state charges of capital murder and aggravated assault with a deadly weapon, he also pleaded guilty in 2023 to federal hate crimes and weapons charges and was sentenced to 90 consecutive life terms in federal prison. Federal prosecutors also opted not to seek the death penalty against Crusius.

Crusius likely will head to the Texas state prison system to serve his sentences, spokespeople for the federal and state prison systems told El Paso Matters.

People whose lives were upended by Crusius will face him as they deliver victim impact statements starting Monday afternoon. More than 40 victims have asked to give statements, the District Attorney’s Office said. Medrano has said he will allow victims to speak as long as they want, and will continue the hearing throughout the week if necessary to allow everyone to speak.

This is a developing story and will be updated.

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New report shows 'deeply troubling failures' by Border Patrol in boy’s death, congressional leader says

This was first published at ProPublica, a Pulitzer Prize-winning investigative newsroom, and El Paso Matters. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

A new report details “deeply troubling failures" by U.S. Customs and Border Protection in the 2019 death of a Guatemalan boy in the agency's custody, including the creation of false records suggesting he was monitored during the night, the chairman of the U.S. House Committee on Homeland Security said Friday.

Rep. Bennie Thompson, D-Miss., who leads the panel, called on the agency to “take corrective action to help ensure a tragedy like this never occurs again."

“The committee will be continuing its investigation into this matter, including whether those who falsified records in this case were held accountable," Thompson said.

Border Patrol agents recorded “hourly welfare checks that had not actually occurred" while 16-year-old Carlos Hernandez Vasquez died of the flu in his cell, but Justice Department prosecutors who reviewed the case found “no criminal intent" in his death and brought no charges, the Department of Homeland Security inspector general said in a news release this week. U.S. Customs and Border Protection, the parent agency of the Border Patrol, said it is reviewing the report to determine whether to take disciplinary action.

The report by the DHS Office of Inspector General confirms the findings of a ProPublica investigation in December 2019 into the death of Carlos, who lay dead for hours next to the toilet of Cell 199 in Weslaco, Texas.

The inspector general issued a three-paragraph news release on Wednesday but has not made available its report into Carlos' death.

“The investigation determined that USBP did not conduct regular and frequent physical checks as required by the Customs and Border Protection National Standards on Transport, Escort, Detention, and Search policy," the news release said.

The inspector general said it referred the findings to Justice Department prosecutors in McAllen, Texas, “who declined prosecution, citing a lack of any criminal violations and a lack of criminal intent," the news release said. The inspector general's investigation began shortly after Carlos' death on May 20, 2019.

CBP issued a statement Friday saying the agency received the Office of Inspector General report this week and is reviewing the findings.

“CBP's Office of Professional Responsibility is reviewing the OIG report to determine whether any areas require additional investigation. Once that process is complete, the OIG report will be referred to CBP management for review and evaluation. Should management determine there was a violation of agency policy or CBP's Standards of Conduct, appropriate corrective action will be initiated in accordance with applicable law, regulations, and collective bargaining requirements," the statement said.

Representatives of the DHS inspector general and the U.S. attorney's office in Houston, which handled the case, did not immediately respond to requests for comment. The news release didn't say when the findings were sent to federal prosecutors or when a decision was reached.

A medical examiner contracted by the inspector general to review Carlos' death “identified the individual's cause of death as natural from H1N1 and bacterial/staph infections, which would have resulted in a rapidly fatal outcome, even with immediate and appropriate treatment," according to the news release.

Video and documents obtained by ProPublica from the Weslaco Police Department under Texas open records laws showed that Carlos had been diagnosed with the flu on May 19, 2019, at a Border Patrol station in McAllen, Texas, and moved to the smaller station in Weslaco. He was never sent to the hospital.

He received Tamiflu at 8 p.m. and was sent back to the cell he shared with another boy. He was given a meal just after midnight, which was the last time Border Patrol agents saw him alive, according to the Weslaco police report.

Police said Border Patrol later provided video of Carlos in his cell in two parts, a 33-minute clip that begins at about 1:13 a.m., and a 71-minute clip that begins at 5:48 a.m.

The first clip shows Carlos desperately ill, vomiting on the floor and making his way to the cell toilet. His roommate appears to be asleep under a Mylar blanket.

Carlos slides off the toilet and struggles on the floor for about three minutes before all motion stops at about 1:39 a.m. Police photos taken after his death show a large pool of blood around his head.

The second video clip provided to investigators begins at 5:48 a.m. with Carlos next to the toilet, in the same position as he was four hours earlier. His cellmate awakes at about 6:05 a.m., discovers Carlos lying next to the toilet and alerts agents. A physician's assistant soon declares Carlos dead.

The video contradicted a Border Patrol press release that said Carlos was discovered during a welfare check.

The Border Patrol log documenting Carlos' detention, which was obtained by ProPublica, said three welfare checks were made during the gap in the video, at 2:02 a.m., 4:09 a.m. and 5:05 a.m.

Carlos and his older sister left their home village in Guatemala in May 2019, hoping to join a brother in the United States, his family has said. They crossed the Rio Grande near Hidalgo, Texas, on May 13 as part of a group of about 70 migrants and were quickly taken into custody by the Border Patrol.

Carlos was separated from his adult sister, as required by law, and held by Border Patrol with other youth who came across the border without parents or guardians.

Such minors are supposed to be held by Border Patrol for less than 72 hours before being transferred to a Department of Health and Human Services agency. But in the spring of 2019, thousands of children were held well beyond the 72-hour limit as the number of migrants crossing the border continued to grow. Carlos was among more than 132,000 migrants taken into Border Patrol custody in May 2019, including more than 11,000 unaccompanied minors.

Carlos was held for six days at the main Border Patrol station in McAllen before being transferred to Weslaco after his flu diagnosis.

He was the last of six minors, ages 2-16, to die after being taken into Border Patrol custody between December 2018 and May 2019. Three of them, including Carlos, died of the flu.

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