DA: Victims' families want Walmart case 'done with as soon as possible'

EL PASO, Texas (KTSM) - El Paso District Attorney James Montoya said the decision to no longer seek the death penalty for confessed Walmart shooter Patrick Crusius comes after he met with the victims' families, saying "they want this case over and done with as soon as possible."

Montoya talked about the capital murder case against the Walmart shooter in a news conference on Tuesday afternoon, March 25, at the Enrique Moreno County Courthouse.

This news conference came the day after El Paso Matters broke the story that Montoya would not seek the death penalty in the case.

The DA's Office said that since taking office on Jan. 1, Montoya pledged to meet with every family of the 23 people who were murdered on Aug. 3, 2019 at the Cielo Vista Walmart store. Crusius also wounded more than 20 others in the racially motivated attack.

The purpose of the meetings was to hear directly from the families about how they feel about the case, the pending trial, and the ongoing pursuit of capital punishment, the DA's Office said.

"As you know there was a tentative scheduling order that will begin, or we would attempt to begin the trial here in El Paso next January, January 2026. We would attempt to pick a jury here. And I have long believed that a jury of El Pasoans should be the ones to decide this defendant's punishment," Montoya said.

However, Montoya added that he told the families that he was not confident that that was going to be possible, that there was going to be a challenge to find 12 fair and impartial jurors in El Paso who hadn't already made up their minds on an appropriate punishment.

"In my professional opinion, there was a fair likelihood that we would have to move the venue for this trial. That would add to the delay. We discussed the fact that there was still a tremendous amount of pre-trial litigation that was left to be done. And in fact, that could take months or years," Montoya said.

Montoya said that the January 2026 start date for a trial was not realistic, and it could be delayed to late 2026, 2027, or, worst-case scenario, the trial could be delayed until 2028 if the DA's Office continued to chase the death penalty.

When talking to the families, Montoya said that "the vast majority of them (families) want this case over and done with as quickly as possible."

Montoya said there are family members who did not want the death penalty. However, several family members wanted to continue seeking the death penalty, no matter how long it takes, he said.

After weighing it all and speaking with over 50 individuals, victims, family members, and survivors, Montoya said he couldn't continue to pursue the death penalty.

"I could not, in good conscious, continue to seek the death penalty against the wishes of so many of the victims. It's that simple," Montoya said.

Montoya said there's still a month to go until Crusius is scheduled to plead guilty and be sentenced on Monday, April 21, in the 409th District Court, but it was important for him to clarify his decision to the community.

Now that the DA's Office is no longer seeking the death penalty, Montoya said it's expected for the Walmart shooter to serve a life sentence without parole.

"This defendant will die in the penitentiary. He will not get out. He will die in prison. And fundamentally, that's what this comes down to: Are we going to drag this out? For a year, two years, for decades, so we can stick a needle into his arm? He will die in prison. There's no doubt about that," Montoya said.

Montoya said that after Crusius pleads guilty and gets sentenced by the judge to life without parole, and victim impact statements take place, he will go to the Texas Department of Criminal Justice (TDCJ).

However, there's a concurrent federal sentence, 90 consecutive life sentences, and there's a recommendation by the federal judge that Crusius serve those sentences at the U.S. Penitentiary Supermax in Florence, Colorado, which is the highest security correctional facility in the entire country, Montoya said.

As we previously reported, Crusius pleaded guilty to federal charges back in July 2023 and was sentenced to 90 consecutive life sentences.

Montoya explained that the Walmart shooter serving his sentence at the Supermax is just a recommendation and even if they agreed on it, the ultimate decision on where he will serve his sentence will be up to the prison authorities, meaning that it will be between the TDCJ and the Federal Bureau of Prisons.

Additionally, Montoya explained that earlier on Tuesday, Judge Sam Medrano dissolved the gag order that was placed on the case back in 2022, meaning that participants in the case, including prosecution, defense, victims, and families, can speak with news outlets if they choose to.

Montoya is the fourth district attorney to oversee the Walmart mass shooting case, which had been riddled with delays caused by the COVID pandemic, the forced resignation of District Attorney Yvonne Rosales, and defense allegations of misconduct, the DA's Office said.

In addition, Catholic Bishop Mark J. Seitz sent the following statement regarding the El Paso DA not seeking the death penalty for Crusius:

"We learned yesterday evening that District Attorney James Montoya will not seek the death penalty for Patrick Crusius. In this moment our prayers remain with the families who daily suffer from the loved ones who were lost that day and the many who will always live with that trauma. We ask God to surround them with His love and grant them comfort.

"As followers of Christ, we believe in the sanctity of every human life and remain opposed to the death penalty even in the face of this hateful and violent act. While we believe that the community needs to be protected from anyone who would commit such a crime, our community will not be safer or better by seeking more bloodshed.

"While many may believe that the death penalty would bring closure, in fact the further trials and appeals over the course of years would only serve to retraumatize those who have been hurt. The perpetrator’s killing would not bring back those who were lost.

"This is all made clear for us by the teachings of Christ who calls us to recognize the fundamental dignity of every human being and to trust that in the light of His Resurrection, death does not have the final word."