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Rare Trial Tests Police Duty To Act In Uvalde School Shooting

A Texas jury in Corpus Christi is being asked to decide whether former Uvalde school police officer Adrian Gonzales committed a crime by not confronting the Robb Elementary gunman sooner. The rare case uses Texas child endangerment law to test how far police duty to act extends during a mass shooting.


CORPUS CHRISTI, TX (3-minute read) — Jury selection has begun in the criminal trial of former Uvalde school police officer Adrian Gonzales, nearly four years after a gunman killed 19 students and two teachers at Robb Elementary School.

Prosecutors say Gonzales was among the first of almost four hundred officers to reach the campus yet did not move toward the classroom where the killer was firing, even though he reportedly knew the gunman’s location and had active shooter training. It took about seventy seven minutes before officers finally entered and killed the attacker.

Potential jurors received a two page questionnaire that asked what they know about the shooting, whether they donated to support families, and how they view the law enforcement response and Gonzales himself. Attorneys are working to find people who can listen to painful testimony from parents, officers and medical staff yet still weigh the evidence fairly.

Gonzales faces 29 felony counts of child endangerment, one for each of the nineteen students who died and 10 who survived in classroom 112. Prosecutors are using a Texas child endangerment law usually aimed at parents who leave children in unsafe conditions such as a hot car. Legal experts say the central question will be whether Gonzales had a clear legal duty, not just a moral duty, to move toward the gunfire and whether he failed to follow his training.

Legal test for police duty to act in Texas#

Defense lawyers argue Gonzales is being made a scapegoat for a horror caused by the 18 year old gunman, who was killed at the school. They say Gonzales went toward danger and tried to rescue children while following the chain of command. The trial could set a powerful example for how future mass shooting responses are judged and may influence how departments train officers for active attacker incidents, which also affects how armed citizens and concealed carriers think about their own responsibilities when danger breaks out around them.

Gonzales is the first to stand trial, while former school police chief Pete Arredondo faces similar charges at a later date. If convicted, Gonzales could receive up to two years in prison for each count, although judges and juries in Texas have broad sentencing discretion.

Safety Tip: If you carry a firearm for self defense, stay current on your local use of force and self defense laws, and seek realistic training that covers decision making, medical skills and how to respond safely when police arrive so you do not create additional risk for yourself or others.


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