Former Uvalde schools police chief who asked for charges to be dropped returns to court

UVALDE, Texas (AP) — The former schools police chief in Uvalde, Texas, who has asked a judge to throw out charges accusing him of failing to take action during the 2022 Robb Elementary School shooting, is expected back in court Thursday.

Pete Arredondo, 52, has pleaded not guilty to charges of child endangerment and abandonment. U.S. law enforcement officers rarely face a criminal trial over their actions during a school shooting.

The May 24, 2022, attack on Robb Elementary that killed 19 students and two teachers was one of the deadliest school shootings in U.S. history. The law enforcement response, which included nearly 400 federal, state and local officers, has been widely condemned as a massive failure.

Arredondo’s attorneys argue he is being prosecuted for trying to save lives, including ordering the evacuation of other areas of the school. They argue the indictment would open many future law enforcement actions to similar charges.

“It cannot possibly be an offense that Mr. Arredondo evacuated some children before others could be saved,” his attorneys wrote in a court filing. “If the state is allowed to proceed in this manner, all Texas peace officers should be terrified.”

Uvalde County prosecutors have urged the judge to reject Arredondo’s claim.

Another Uvalde schools officer who was on the scene that day, Adrian Gonzales, 51, was indicted on similar charges and has also pleaded not guilty. They are the only two officers facing charges over the police response. Gonzales is also expected to attend the hearing in Uvalde.

It is unclear if Judge Sid Harle will rule on Arredondo’s request on Thursday or later. The hearing is also expected to cover defense requests for access to evidence and witnesses, and other pretrial matters.

While terrified students and teachers called 911 from inside classrooms, dozens of officers stood in the hallway trying to figure out what to do. More than an hour later, a team breached the classroom and killed the gunman.

The indictment against Arredondo accuses the former chief of ignoring his active shooter training, and delaying the police response while the shooter was “hunting victims,” despite being told that injured children were in the classrooms and that a teacher had been shot.

Instead of immediately confronting the 18-year-old gunman, Arredondo called for a SWAT team, ordered the initial responding officers to leave the building, and briefly attempted to negotiate with the shooter, the indictment said.

Once Arredondo knew of the shooter and the imminent danger to students in the classroom, “Texas law demands urgent intervention to remove the child from the danger,” prosecutors argued.

Gonzales faces similar charges in a 29-count, separate indictment that accuses him of failing to protect victims who were killed, as well as those who survived. Gonzales’ legal team has not yet asked the court to throw out his charges, but could at a later date.

Each charge against the officers carries up to two years in jail. Both men have pleaded not guilty.

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Associated Press reporter Jim Vertuno contributed from Austin, Texas.

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Lathan is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.