Plumbing 
Christina Mitchell, 38th Judicial District Attorney, is asking the court to dismiss the city’s lawsuit against her regarding May 24 investigative materials on the grounds it has no basis in law or fact.
The city of Uvalde filed the lawsuit on Dec. 1, 2022, seeking access to materials from the Robb Elementary School investigation.
Mitchell filed her request for dismissal on Feb. 17.
When the lawsuit was filed in 2022, she expressed concerns over potential compromises to any case she might file if she granted a city-hired investigator access.
“The city has the UPD officers’ reports and body cameras and that should be sufficient for them to conduct their internal investigation,” Mitchell said. “It’s my understanding also that the city has already begun their internal investigation by re-interviewing their officers.”
When asked outside city hall on Feb. 28, Uvalde Mayor Don McLaughlin said he was unaware of the motion but said the city will vigorously oppose it.
He said he was disheartened the city had to file the lawsuit but maintained the city’s investigator needs access to witnesses, body camera footage, videos and more depicting what happened at Robb, where 19 children and two teachers were killed.
“Every time we turn around, people have information that we can’t seem to get,” McLaughlin said.
He said without access to witness statements, recordings and video footage collected as part of the Texas Department of Public Safety investigation, Jesse Prado with JPPI Investigations of Austin can’t complete his review of the city-run Uvalde Police Department.
Right after the lawsuit was filed, Mitchell and McLaughlin agreed they had been in negotiations for months but could not come to agreeable terms.
“Why are we even having to go to a lawsuit in the first place? Why aren’t we working together? I mean, she represents this community, I represent this community, and we are trying to get answers for this community,” McLaughlin said.
“We’ve been to the table four times – oh yeah, we’re going to work with you – and it never happens. It doesn’t surprise me she’d ask to have it dismissed, but it shouldn’t be dismissed. It needs to be heard. I think we have a valid argument here.”
Mitchell previously said she felt she has to protect the investigation but saw the need for the city’s investigation, and had hoped to work with them.
The city hired Prado in July of 2022 to look into the actions of approximately 25 UPD employees who were at Robb on May 24.
The lawsuit was filed in the 38th Judicial District and will be overseen by a visiting judge. Court officials said a judge has not yet been assigned to the case.
jkeeble@ulnnow.com, 830-278-3335
