‘It is a trial by ambush,’ Uvalde officer’s protection legal professional alleges after testimony of witness adjustments

Defense attorneys in the trial of a police officer accused of endangering children in the May 2022 mass shooting in Uvalde, Texas, say a key witness’ testimony about the shooting changed — and prosecutors never told them. 

Nineteen students and two teachers were killed in the rampage at Robb Elementary School. Former Uvalde school police officer Adrian Gonzales is being tried on 29 counts of child endangerment. He could spend the rest of his life in prison, if convicted on all counts. He has pleaded not guilty.

Late Tuesday, after a witness acknowledged that her recounting of the shooting changed over time, defense lawyers accused prosecutors of ambushing them by failing to disclose a significant change in the testimony of a key witness. 

In testimony earlier Tuesday on the first day of Gonzales’ trial, former Uvalde elementary school teacher Stephanie Hale initially told jurors that she saw the shooter on the south side of the Robb Elementary School on the day of the shooting and remembered she and her students being shot at. 

In emotional testimony, Hale — formerly a third-grade teacher at the school– said her students ran from the playground to the school building to find shelter. 

“As we were all running into the classroom, I saw the — I don’t know if you call him — horrible person walking,” she testified, saying she identified the gunshots based on dust kicked up. 

However, prosecutors soon acknowledged that, in an interview with state investigators four days after the shooting, Hale didn’t mention seeing the shooter or being shot at. 

“You would agree with me in listening to the totality of your interview four days after that, you never tell the (investigator) that you saw anybody that was dressed in black with long hair and a fire and a gun?” a defense lawyer asked. 

“Correct,” she said. 

“You agree that you never told him that you saw dirt flying up on the playground … You felt like you were being shot at, which was your opinion?” Hale was asked. 

“Correct,” she said. 

According to defense attorney Jason Goss, prosecutors did not provide the required notice that Hale’s account had changed from when she spoke to investigators years later. 

“If she did report these things to the prosecution, we were entitled to that to prepare for this. And this is a trial by ambush,” Goss said. 

In a rarely seen move, Judge Sid Harle allowed Goss to cross-examine Uvalde County District Attorney Christina Mitchell and one of her investigators about the change in testimony. 

“Neither the prosecutor nor anyone in the room thought to ask her, where did you see the shooter? That wasn’t a question that came up in anybody’s mind to ask her where the shooter was?” Goss asked. 

“You know, you’re getting very nitpicky. Let me tell you something. When we were prepping these witnesses, I was running a law office,” Mitchell responded. “I was in and out of interviews, so I can’t say that … I, like, ‘Oh my God,’ you know it wasn’t that type of reaction for me.” 

The judge acknowledged the potential seriousness of the issue and set a hearing for Wednesday afternoon. The jury is set to return on Thursday morning. 

Speaking to reporters outside court, defense attorney Nico LaHood suggested that the issue could force a mistrial. 

“Obviously, we’re surprised. That’s nothing we could have anticipated,” he said. “We have some decisions to make.”