Sign up for TPR Today, Texas Public Radio's newsletter that brings our top stories to your inbox each morning.
A judge on Wednesday denied a defense motion for a mistrial in the case against a former Uvalde school district police officer charged over the law enforcement response to the 2022 Robb Elementary School shooting.
Defense attorneys for Adrian Gonzales argued the trial was compromised by testimony from Robb Elementary teacher Stephanie Hale that included details not previously disclosed during pretrial interviews.
Hale testified Tuesday that she had seen someone who matched the description of the shooter — a man dressed in black with a rifle — on the south side of the school, which put him in closer proximity to the defendant.
Defense attorney Nico LaHood has argued Gonzales was not close enough to the shooter to stop, delay or distract the mass shooter.
The objection halted testimony Tuesday evening and prompted arguments outside the presence of the jury.
Presiding Judge Sid Harle ruled the disputed testimony did not warrant a mistrial.
“It was negligent, and I don't believe what was testified to in front of the jury resonated enough to significantly affect your trial strategy. But what I am going to do is exclude her testimony,” Hale said.
The defense objected again, arguing Hale’s testimony was so emotional that it was unlikely the jury will be able to ignore what she said.
“We will go with whatever remedy the court decides that we can decide it. However, we do not believe that it's a sufficient remedy, and mistrial would be the opinion,” said defense attorney Jason Goss.
Harle said that the statements did not fundamentally change the nature of the evidence against Gonzales and could be addressed through cross-examination and limiting instructions to jurors.
The trial is being held at the Nueces County Courthouse following a change of venue from Uvalde due to concerns about pretrial publicity and the ability to seat an impartial jury.
Gonzales is charged with 29 felony counts of abandoning or endangering a child. Prosecutors allege he was among the first officers to arrive at Robb Elementary School but failed to confront the gunman despite hearing shots and receiving information about the shooter’s location. Gonzales has pleaded not guilty.
The May 2022 attack killed 19 children and two teachers. The case against Gonzales is one of several prosecutions stemming from the police response that day, which has been widely criticized by state and federal investigators.
With the mistrial motion denied, testimony is set to continue Thursday.
This is a developing story that will be updated.
