EL PASO, Texas (KTSM) — U.S. Attorneys and attorneys representing Patrick Crusius have agreed on January 17, 2023, as the date by which they will decide whether the feds would seek the death penalty against the alleged Walmart shooter.

The federal case against Crusisus is already scheduled for jury selection on January 8, 2024, in Federal Judge David Guaderrama’s court.

In addition to Friday’s filing, court documents entered in federal court and sent to Governor Greg Abbott, U.S. Attorney General Merrick Garland, and others earlier this week by El Paso District Attorney Yvonne Rosales indicate she is considering the assistance of the Attorney General of Texas in the prosecution of the State’s case against Crusius.

In August, Rosales fired lead attorney John Briggs, and Special Prosecutor Monica Barron-Auger, who was hired just one month prior under a $3 million grant from Governor Greg Abbott, submitted her resignation.

In the same federal filing, Rosales accuses defense attorney Joe Spencer of an “inappropriate effort to pit the state case against the federal case in an attempt to delay both cases.” 

This is the first time Rosales has mentioned Spencer in the alleged conspiracy to remove her from office– in filings in State court, she has accused local attorneys Omar Carmona and Justin Underwood, along with Judge Sam Medrano and journalist Bob Moore from El Paso Matters as being involved in a conspiracy to oust her from office. 

Rosales also filed a motion to recuse Judge Sam Medrano in the State’s case against Crusius. The motion was filed just days before a hearing was set to discuss a set of mysterious e-mails sent to the media purportedly by the son of Gerhard Hoffmann, one of the Walmart victims.

As KTSM previously reported, Hoffmann’s daughter indicated she did not believe her brother could author such e-mails. The trio of e-mails was sent approximately one month after Judge Medrano issued a gag order in the case, which would prevent attorneys or potential witnesses from speaking publicly.

It’s unclear if Rosales’ filing in the federal case against Crusius would be considered a violation of the State’s gag order.

Earlier this week, Judge Sid Harle from Bexar County was assigned to hear the recusal motion. Judge Harle set the hearing for 1:30 p.m. on Monday via Zoom. It will also be broadcast on YouTube.

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