In the months since a gunman opened fire outside the mall May 6, killing eight people, wounding seven others and traumatizing hundreds, The News has filed...
The city of Allen, through a private law firm representing it, asked the attorney general’s office to allow it to withhold some records. In addition to the footage,’ open requests of the city of Allen and Allen police include ambulance and rescue vehicle runs, a full incident report and other police documents pertaining to the shooting.
On Aug. 1, the attorney general’s office ruled it is up to the city’s discretion whether it wants to release the information. The ruling applied to 25 requests from 19 parties, including a number of other media outlets.According to a letter from the attorney general’s office, Allen, in addition to the Texas Department of Public Safety and the FBI, argued that releasing the records would “interfere with law enforcement.
“Based on these representations and our review, we find release of the submitted information would interfere with the detection, investigation or prosecution of crime,” the ruling reads.View GalleryJust over two weeks later, Kaleb Smith with the Dallas-based law firm Nichols Jackson said in an email tothat the city decided to withhold the outstanding requests, writing: “Our arguments have been upheld and the City may withhold all or part of the information subject of your request.
“There has been no indication from law enforcement of an ongoing investigation that could lead to prosecution,” Hollyfield said. “Meanwhile, victims’ families and the community are still healing four months later and have unanswered questions. “We want to be the independent review of video and records to understand how to prevent another tragedy like this in our community.”known as the “dead suspect loophole.” The provision states records involving a criminal investigation that doesn’t result in a conviction aren’t required to be made public, including when a person, like the Allen gunman, dies at the hands of police.
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