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The Senate Select Committee on Mass Violence and Community Safety met on October 21 in El Paso to hear invited and public testimony on mass violence in Texas.

This report is intended to give you an overview and highlight of the discussions on the various topics the committee took up. It is not a verbatim transcript of the hearing, but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

Opening Comments

  • RodrĂ­guez- the community of El Paso thanks the Lt. Governor and the committee for coming to El Paso to hear from their citizens to hear about their feelings concerning the shooting that occurred there on August 3.
  • RodrĂ­guez- what made this attack different than other shootings is that the assailant traveled over ten hours to El Paso to specifically target people of Hispanic descent.
  • Zaffirini- one of the LT. Governor’s seven charges is to hear the personal, family and community impact of mass shootings in Texas.

 

Dee Margo, Mayor of El Paso

  • what happened in El Paso on August 3 was atypical compared to other mass shootings because the shooter traveled to El Paso and was fueled by hate from their white supremacist beliefs.
  • Gives high praise to the first responders on their swiftness and how they worked together to apprehend the shooter.

 

Jaime Esparza, District Attorney for the 34th Judicial District

  • this subject is hard to talk about and sees the shooting as a defining moment for El Paso.
  • The case will not be discussed in specifics because it is ongoing, but notes that they are seeking the death penalty.
  • The committee should consider making a process or method so that the community can come together in a responsible way to allow conversation for those who have secondary trauma.
  • Believes there is a relationship between the killing of an intimate partner and mass shootings.
  • Wants the committee to consider gun surrender protocols in every county rather than a state-wide protocol. A bill last session, HB 3191, that presented this idea did not go past committee.
    • Notes there are multiple legal routes in order to confiscate firearms, but there needs to be a responsible way to take that weapon and give it back if they are entitled to have it back.
    • In El Paso, concerning the protective order, the county attorney is working on a plan for the surrender of weapons with the help of the sheriff.
    • The DA’s office is working on a plan as well, while Dallas has a more developed process.
  • RodrĂ­guez- do either of you have any ideas concerning sensible gun safety legislation along with any ideas to curtail hate crimes in our communities?
    • Esparza- believes gun surrender protocols are one of those steps. However, it is more complicated than just mental health issues.
    • Margo- wants to address the mental health aspect of the situation. The Office of Emergency Management is working on a facility for mental health that currently has 6 million dollars in funds, but will not be near enough for the scale of the issue.
    • Does not have a problem with verification on private sales or background checks of any kind.
    • The red-flag laws have issues that the committee will have to grapple with such as false reporting and good Samaritan protection.
  • RodrĂ­guez- the red flag law includes a provision to penalize those who make false reports and making it a class B misdemeanor. Good Samaritan protection should be considered as well.
  • RodrĂ­guez- In Odessa, there were those who were worried that these could possibly be a violation of the 2nd amendment. Other states already have these protocols on the books.
    • Esparza- could provide a list of the states that have relinquishing-related protocols and argues that it would not be a violation of the 2nd amendment as it is enforcement of current state law.
  • Esparza- notes that the Victim’s Compensation Fund was not available to the foreign nationals who lost their lives and wants the committee to consider this.
  • Nelson- 53% of those who commit these mass violence attacks also are domestic violence perpetrators. Will focus a lot on mental health. Asks after coordination of resources in El Paso?
    • Margo- believes they had good coordination of all their resources including state and local.
    • Esparza- agrees with Margo, but it took a long time to identify those who were lost.
    • Margo- lack of quickness in releasing the bodies.
  • Nelson- Esparza, do you feel like you have what you need to direct those individuals into mental health treatment?
    • Esparza- have a task force that is currently working on that issue. Working on the balance between victim’s rights and mental health issues of the perpetrator.
    • Margo- need more beds for those who need to be committed and the police force is looking to train more in the de-escalating.
    • Esparza- need more resources to support these efforts.
    • Nelson- need more mental health professionals and are working on this problem.
  • Campbell- Esparza, do you have any opinion on the effects of social media on mass violence?
    • Esparza- afraid of unmoderated and unchecked posts on the internet.
  • Campbell- do you think that your mental health authority has enough resources for current and on-going trauma?
    • Esparza- locally, they are encouraged by efforts to figure out who needs to be admitted to mental health facilities.
  • RodrĂ­guez- the Mexican nationals who were shopping here should qualify for the Victim’s Compensation Fund and should qualify in the future.
    • Esparza- this is something to look at in the future.
  • Zaffirini- what is the best way to get money to these families immediately?
    • The VCF is extremely valuable, but is not speedy enough. The community foundation and local businesses were helpful in these cases of immediate needs.

 

Jorge Rodriguez, El Paso Assistant Fire Chief & Emergency Management Coordinator

  • Gives a run-down of all of the services and teams who were in action after the shooting.
  • Notes that support of full-scale training exercises is essential.
  • Huffman- what can we do as a state for communities who are smaller and/or less equipped than El Paso in preparation for an event such as a shooting?
    • Rodriguez- encouraging and supporting emergency management programs who coordinate all activities. There is not much language that gives them access to resources from the state and federal level.
    • Huffman- like they had to write the bill after hurricane Harvey giving the governor the ability to waive certain rules during times of disaster.
  • Nelson- important to note that not all people with mental health issues will commit crimes such as this.
  • Campbell- can you describe the mock-event you held in 2018? How often do you have these drills? What seemed to be the most challenging part of this event?
    • Rodriguez- more than annually. As a comprehensive management system, they do so a couple times a year.
    • Rodriguez- the initial support for behavioral health resources to long-term support. Not limited, but not an area that they exercised to a point they were completely satisfied with.
  • Zaffirini- did you see any need to provide counseling services for the first responders?
    • Rodriguez- yes. On the fire department side, all who were first responders were provided resources and de-briefed. Have a work group to provide resources to those who were also on the scene.
  • Zaffirini- do you have any resources in particular that the state could provide?
    • Rodriguez- not at this time. Received swift aid from the medical examiner and DPS. Everything they asked for was provided for.

 

Juan Acevedo

  • Represents the City of Juarez in the U.S. and binational issues affecting the U.S. and Mexico
  • Provided oral testimony in Spanish concerning the experience of Mexican Nationals in El Paso

 

Michael Brady, Prince of Peace Christian Fellowship

  • Shares story of his daughter’s experience at the shooting, her trauma and wounding, and recovery.
  • The concept of safety has left our city.
  • The greatest thing the Texas Legislature can do is make common sense gun legislation.
  • Sen. Zaffirini- Are you satisfied with the assistance that you received in the aftermath?
    • The trauma team and hospital have been excellent.
  • Sen. Nelson-
  • As a pastor, do you believe that negative messaging is a factor that is different from what we encountered as kids?
    • Yes, would have to agree that negative messaging is at the forefront, many have stopped parenting

 

Alan Tyroch, Texas Tech El Paso

  • El Paso is a relatively safe city.
  • There is something wrong with society, its not guns that kill people.
  • I’m a firm believer in the 2nd Amendment, but I also believe in responsible ownership.
  • I grew up in a hunting community where guns were common.
  • I believe in statistics and data to help make decisions.
  • There were nearly 40,000 people killed in 2017 by guns in America.
  • 60% of those were suicide, 37% were shootings, and 3% were a mixture of law enforcement interventions and accidents.
  • Compare that number with the 70,000 that died from opiates last year.
  • 33,000 people were killed in car crashes.
  • The rate of gunshot deaths is lower than it was in the 1970s.
  • Texas has had 3 of the top 10 worst mass shootings in the past decade, in terms of deaths.
  • The response to the El Paso shooting was very quick and everyone did a good job.
  • PTSD is a major issue surrounding these events.
  • Whitmire- Have you seen emotionally disturbed people?
    • Every time I work.
  • Whitmire- You can tell they’re emotionally disturbed and yet they can leave there and go purchase a gun without anyone raising a red flag? The pastor did a fine job talking about our morals, but we cannot legislate the morality out of this. How do we have early intervention without endangering anyone’s rights?
    • The Hartford Consensus has provided good recommendations on response that I have sent to the Committee.
    • Red Flag legislation will help reduce risk.
  • The Hartford Consensus treats this as a public health issue.
  • We do not know if injury prevention programs at trauma centers are making a difference because there is no research.
  • Huffman- There has been legislation in the past allowing the doctor to conduct a 48-hour commitment, do you think something similar would be helpful in prevention of mass violence?
    • Yes, if due process is respected.
  • Huffman- Do you think the medical community would support that and be willing to sign an affidavit in those situations?
  • Rodriguez- The American College of Surgeons has made recommendations concerning owner responsibility. Is there no consensus on the ban of assault weapons?
  • Rodriguez- As surgeons, you see the damage these weapons do. Yet there was little consensus.
    • One thing that disappointed me at the August 3rd meeting is how quickly it became political.

 

Spotlight on Public Testimony

David Stout, El Paso County Commissioner Precinct 2

  • El Paso has spent hundreds of millions since the incident.
  • El Paso County citizens have to cover the tax burden of holding the gunman.
  • The El Paso United Community Assistance Center will provide assistance to the community.
  • There is no guarantee we will receive the grants needed to cover these costs.
  • We ask that the State provide us financial assistance so that the community does not need to pay increased taxes.
  • Sen. Rodriguez- Is your point that the state needs to do more to help counties with these expenses?
    • Yes. Current grants are not guaranteed and may not cover the full cost.

 

Veronica Carbajal, Texas RioGrande Legal Aid

  • We cannot understand the financial impact on all victims.
  • We hope the state can address these family’s concerns.
  • Sen. Rodriguez- Your testimony is that state funding for victims is woefully inadequate?
    • Yes. The main concern is that if all the forms are filled without any hiccups, it still takes two months to receive the money from CDC.
    • There is a cap on two weeks of lost wages.
    • There is no room for accounting for a person’s lost wages.

 

Juan Martinez, Clint ISD

  • I met with parents of the victims.
  • The consensus of the meeting was that if the state will do nothing in legislation, then the state should be responsible for the safety of our schools.
  • It is insane that we have major requirements for getting a driver’s license, but none for purchasing a gun.

 

Bernadette Segura, Texas RioGrande Legal Aid

  • Low- and middle-income Texans face a financial crisis due to mass shootings.
  • There are five million Texans who are uninsured.
  • Billing and collection practices have been aggressive against victims.
  • Crime victim’s compensation is a payer of last resort.

 

Adriana Garcia, Border Interfaith

  • Border Interfaith acted quickly during the El Paso attack, put together listening sessions, mental health training for leaders
  • Would like Gov. Abbott to call a special session regarding mental health resources and allocating at a local level

 

Chris Yoest, Self

  • Red flag laws violate multiple Constitutional Amendments as well as due process rights, would be an act of aggression by the government
  • Restricting rights of responsible gun owners only empowers bad actors
  • Rodriguez – Important to talk about the facts and information available, red flag laws have been found constitutional by various courts; should not lay out information based on how we feel
    • You need a warrant and probable cause to seize property from a law enforcement perspective
  • Rodriguez – Pointing out that courts that have looked at statutes have found them constitutional
    • Seizure without crime is an illegal search and seizure
  • Huffman – Texas is perfectly free to craft laws with due process protections, no law currently before us that we are looking at

 

Margarita Sanchez, Self

  • Became involved in this incident on behalf of a family from Chihuahua, Mexico who was harmed at the Walmart attack; several family members were severely injured
  • Need to consider those harmed in the attack when recommendations are made to Gov. Abbott, no reason for assault weapons in the hands of anyone

 

Debbie Telles, President of West El Paso Republican Women

  • Cause to ban or seize guns is an ineffective emotional reaction, restrictions on those who follow the law will do nothing

 

Melissa Lopez, Diocesan Migrant & Refugee Services

  • El Paso was targeted because it is a welcoming community, El Paso is better because of the migrant community

 

Andrea Reyes, Deeds Not Words

  • Attack in El Paso is a result of toxic masculinity, systematic oppression, and white supremacy
  • Rhetoric espoused by state leaders has fed attacks
  • Firearm restrictions are lax, time for comprehensive gun reform and expansion of mental health care access