Source: https://www.38thda.org/
by Michael Robinson | Uvalde Hesperian
05-14-25
The 38th District Attorney Christina Mitchell filed a lawsuit with the United States District Court of the Western District of Texas on May 9th, 2025 against the U.S Customs and Border Protection.
According to the lawsuit’s Core Issue statement it reads:
“At its core, the question before this Court is this: With agents of the United States
Border Patrol: (1) having come to Robb Elementary School in Uvalde, Texas on May 22,
2022, apparently at the request of the Uvalde Police Department and perhaps with jurisdiction
to enforce the federal Gun-Free School Zones Act of 1990;2 (2) having taken tactical control
of the officers amassed in the school’s hallway to formulate a plan to make entry into the suite
of classrooms where a gunman was holding children and teachers hostage;3 and (3) having
participated in that plan and eliminated the threat, how can the agents’ employing agency –
United States Customs and Border Protection – then interpret its own administrative
regulations to find: (a) these agents need not cooperate with a state law criminal
prosecution regarding the circumstances giving rise to the deaths of nineteen children
and two adults; and (b) these agents have no unique information to provide in the case?”
Under any reasonable interpretation of the CBP’s Touhy regulations, the only possible
conclusion is that the three border patrol agents whose cooperation is now being sought by
District Attorney Mitchell – two of whom participated in the actual killing of the gunman and
the third who was present in the hallway during most of the incident – are essential to the
pending Texas criminal prosecution.4″
 According to the lawsuit, it also states: On June 27, 2024, the Uvalde County grand jury returned indictments against Pedro
Arredondo and Adrian Gonzales for multiple counts of felony child endangerment based on their conduct, which can encompass both acts and omissions, as law enforcement officers responding to the Robb Elementary incident. The indictments against Arredondo and
Gonzales are currently pending in the 38th District Court of Uvalde County, Texas. After the indictments were presented, the prosecutors for the State of Texas again requested the testimony of three of the U.S. Border Patrol agents at the scene of the Robb
Elementary incident, this time contending that the first-hand testimony of the U.S. Border Patrol agents would be essential for both the prosecution and defense of Arrendondo.7 The CBP Chief Counsel has continued to decline authorization for the U.S. Border Patrol agents’
cooperation and testimony.”
