Former Uvalde schools police Chief Pete Arredondo asked a state district court on Friday to quash ten felony charges of child endangerment for his response to the 2022 Robb Elementary School shooting.

Arredondo is one of two law enforcement officers who face criminal charges for their response to Texas’ deadliest school shooting, which left nineteen children and two teachers dead on May 22, 2022. An indictment handed down in June by a Uvalde County grand jury called Arredondo the incident commander and accused him of to ten children by delaying law enforcement’s response to the active shooter and not responding as trained.

In their motion to toss out the indictment, Arredondo’s lawyers say school districts and their employees don’t have a duty to protect students from third-party threats. The lawyers also point out that the children were already in danger when Arredondo responded.

“The indictment does not allege that Mr. Arredondo engaged in any conduct that placed a child in imminent danger of death, bodily injury, or physical or mental impairment,” the filing states. “To the contrary, the language in the indictment itself makes clear that when Mr. Arredondo responded as part of his official duties, an active shooter incident was already in progress.”

Arredondo that he did not think he was the incident commander and that he did not give any orders. Nearly 400 local, state and federal law enforcement officers descended upon the school but failed to act decisively, instead waiting for more than an hour to confront the gunman.

Border Patrol agents ultimately decided to breach the classroom and killed the shooter.

Since the school shooting, families of Uvalde victims have called on local and state elected officials to hold officers accountable for their failures in leadership. Many said they were disappointed that the grand jury indicted only two officers.

In addition to Arredondo, former district officer Adrian Gonzales was indicted on 29 counts of child endangerment. Gonzales violating school district policy or state law. Both officers were released from Uvalde County Jail on bond.

Uvalde District Attorney Christina Mitchell did not immediately respond to a request for comment.

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This article originally appeared in at . The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

UVALDE — The Uvalde school board agreed Wednesday to fire Pete Arredondo, the school district police chief broadly criticized for his response to the deadliest school shooting in Texas history, in a vote that came shortly after he asked to be taken off of suspension and receive backpay.

Arredondo, widely blamed for law enforcement’s delayed response in confronting the gunman who killed 21 people at Robb Elementary, through his attorney, George E. Hyde. The meeting came exactly three months after a at the school.

“Chief Arredondo will not participate in his own illegal and unconstitutional public lynching and respectfully requests the Board immediately reinstate him, with all backpay and benefits and close the complaint as unfounded,” Hyde .

Arredondo didn’t attend the meeting, citing death threats made against him.

But about 100 people, including relatives of the shooting victims, showed up for the vote. Many chanted “coward” and “no justice, no peace.” Four people spoke during a public comment period before the seven-member board went into closed session to deliberate Arredondo’s employment, criticizing the decision to not discuss the matter in front of the public.

“I hope they do right by us,” Brett Cross, whose son was killed in the massacre, told other attendees as trustees met behind closed doors.

For months, school officials faced intense public pressure to fire Arredondo, who was one of the first law enforcement officers to respond to the shooting at Robb Elementary on May 24. waited more than an hour to confront the 18-year-old gunman after he entered the school.

Uvalde Consolidated Independent School District Superintendent Hal Harrell recommended that Arredondo be fired “for good cause.” Hyde asked school officials to read a statement on Arredondo’s behalf at the meeting. They did not comply with the request.

As board members began discussing Arredondo, Felicha Lopez, whose son was killed in the massacre, told people attending the meeting that the school board needed to “protect our kids” as she wiped tears from her face.

A released in July said the responding officers lacked clear leadership, basic communications and sufficient urgency to more quickly confront the gunman, who was shot and killed after a U.S. Border Patrol tactical team entered the classroom where most of the victims were shot.

In his statement Wednesday, Arredondo’s lawyer said that the school district violated his constitutional due process rights by failing to provide him notice of the complaints against him and conduct an investigation of his response to the mass shooting ahead of the termination hearing.

Arredondo’s lawyer said that he received an email from the district on July 19, recommending his termination based on his failure to establish himself as the incident commander during the shooting, but argued the letter should have been sent earlier and in a physical format.

Arredondo was listed in the district’s active-shooter plan as the commanding officer, but the consensus of those interviewed by the House committee was that Arredondo did not assume that role and no one else took over for him, which resulted in a chaotic law enforcement response.

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In a June 9 with The Texas Tribune, Arredondo said he did not think he was the incident commander on the scene. He said he never gave any order, instead only called for assistance. Arredondo did not have his police radio while he was inside Robb Elementary because he wanted both of his arms free to engage the shooter, he said.

Arredondo testified to the House committee that he believed the shooter was a “barricaded subject” instead of an “active shooter” after seeing an empty classroom next to the one where the shooter was hiding.

“With the benefit of hindsight, we now know this was a terrible, tragic mistake,” the House report stated.

Training for active-shooter scenarios directs law enforcement responders to prioritize the lives of innocent victims over those of officers. For a barricaded suspect, officers are not advised to rush in.

The report criticized Arredondo’s focus on trying to find a key to open the door to the room the shooter was in, which “consumed his attention and wasted precious time, delaying the breach of the classrooms.” The report said the classroom door didn’t lock properly and likely wasn’t locked as police waited to confront the shooter.

Hyde, Arredondo’s lawyer, asserted that his client should not have been assigned as the incident commander. He argued the Uvalde County sheriff should have been in charge of the incident given that this office was the only law enforcement agency that knew the gunman had shot his grandmother prior to traveling to Robb Elementary.

Vicente Salazar, whose granddaughter was killed in the attack, told other meeting attendees Wednesday that, in addition to Arredondo, the Uvalde County sheriff should also be fired. He encouraged residents to be more civically engaged.

“We need to take Uvalde back for our people,” he said.

State Sen. , a San Antonio Democrat whose district includes Uvalde, also attended the meeting.

“It’s 90 days too long to do the right thing,” he said before the school board’s vote.

Gutierrez said other law enforcement agencies also failed in their response and urged residents to keep pushing for accountability.

“I encourage you to keep fighting,” Gutierrez said.

In the Wednesday letter to trustees, Arredondo’s legal team also directed blame back at the school district for allegedly not taking the police chief’s security advice.

“If the school district would have prioritized Chief Arredondo’s request over a year prior to the incident, for key-card locks, better fencing, better training, and more equipment, [it] could have been different,” the letter said.

The Texas House committee’s report investigating the shooting also cited the school’s lack of preparedness for an armed intruder. Some Uvalde residents have also pushed for the termination or resignation of Harrell, the superintendent who recommended Arredondo’s termination. Trustees met behind closed doors on Monday to discuss complaints about Harrell but took no action on the matter. On Wednesday, school board members did not speak about their decision to fire Arredondo and quickly adjourned the meeting after their vote.

Arredondo was elected to the Uvalde City Council a few weeks before the shooting but wasn’t sworn in until after the massacre. After missing several meetings, Arredondo stepped down from his District 3 seat to “minimize further distractions,” he said.

Jesse Rizo, whose niece was killed in the shooting, said Arredondo’s termination would help people begin healing. But he also said that other law enforcement officers and agencies should be held accountable.

Rizo also expressed shock that Arredondo asked to be reinstated from suspension with backpay.

“The audacity,” he said. “Who would come up with that? You didn’t have a car wreck into a stop sign. You had a loss of life. Twenty-one of them.”

Zach Despart contributed to this story.

This article originally appeared in a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org

Uvalde school district Police Chief Pete Arredondo was placed on administrative leave Wednesday, schools Superintendent Hal Harrell announced in a . The move came after Steven McCraw, the director of the state Department of Public Safety, told state lawmakers Tuesday that Arredondo’s decision to wait more than an hour to confront the gunman during a May 24 mass shooting at Robb Elementary School “put the lives of officers ahead of the lives of children.” Two teachers and 19 students died in the attack, which is now under investigation by multiple agencies. Harrell said it was the district’s intention to wait until those investigations were complete before making any personnel decisions. But because of “the lack of clarity that remains and the unknown timing of when I will receive the results of the investigations,” the schools chief said he decided to place Arredondo on leave effective Wednesday. A lieutenant in the six-member department will take over. The Texas Tribune reported that a district spokeswoman if the leave was paid or unpaid.

Police and school security experts are questioning why the Uvalde, Texas, school police chief remains on the job nearly a month after a gunman killed 19 children and two teachers at the local elementary school.

While Chief Pete Arrendondo’s fiercest critics have following reports that officers under his command waited more than an hour before confronting the shooter, school safety and police accountability experts criticized education leaders for failing to remove him as head of the six-member school police force, even temporarily. 

Placing cops on “paid administrative leave or in a no-contact assignment” after an officer-involved shooting is , according to the world’s largest professional trade group for police chiefs. Those standards, experts told The 74, are critical to the public’s confidence in the ensuing investigations, the school community’s safety and even the chief’s well-being. 

“It’s just baffling that you would have this conversation days after the incident, much less weeks or a month out,” said school safety consultant Kenneth Trump, president of National School Safety and Security Services. Trump said the standards for officer-involved shootings should apply to Arredondo, a nearly 30-year law enforcement veteran whose response to the Robb Elementary School mass shooting is the subject of investigations by the local district attorney’s office, state law enforcement and elected officials and the U.S. Department of Justice that will likely take months. 

Investigators will scrutinize why officers waited outside a classroom door for more than an hour despite from the children inside begging for police to save them and that there were others trapped with the gunman who were injured but still alive. Eventually, Border Patrol agents and other law enforcement stormed in and killed the shooter. Arredondo, who as the incident commander on the scene, reportedly made the call not to go in immediately.

Steven McCraw, the director of the state Department of Public Safety, on Tuesdayresponse an “abject failure,” and said the classroom door was apparently unlocked despite the cops’ decision to wait for a key before entering the room to confront the gunman. Just minutes after the first shots were fired, he said, the police had enough firepower and protection to act.

“The only thing stopping a hallway of dedicated officers from entering Room 111 and 112 was the on-scene commander,” McCraw told Texas state lawmakers. Instead, Arredondo “decided to put the lives of officers ahead of the lives of children.”

Before those statements, Trump said that Arredondo should be taken out of his leadership role with the school district.

“If there indeed is something found where he made some fatal errors in his decision making, then you don’t want that person still there making decisions on that or other situations,” Trump said. Arredondo witnessed one of the deadliest mass school shootings in U.S. history, a traumatic event that Trump said could cloud the chief’s decisions. “Why would you put somebody under that duress — whether they’re consciously aware of it now or at a later point in time — in a position where they could encounter another stressful or life-threatening situation?”

Arredondo’s position at the police department’s helm remains uncertain as he avoids public appearances and Uvalde district officials . But evidence suggests he’s taken on additional responsibilities since the May 24 shooting, with his attorney that the chief has picked up extra shifts to cover for grieving officers. The Texas Rangers had asked Arredondo to participate in an interview for their investigation into the immediate police response, attorney George Hyde told the news outlet, but he was too busy filling in for his officers.

Arredondo also made time to go to City Hall and as a newly elected Uvalde city councilmember a week after the mass shooting. The New York Times reported that the Uvalde City Council voted Tuesday not to offer Arredondo a leave of absence. The chief has not attended meetings since his swearing-in, its story said, and could be forced to give up his seat after missing three meetings.

The Uvalde school board at its first meeting since the armed assault, whether to reassign or fire Arredondo, but after chose not to take immediate action. Board members and a district spokesperson didn’t respond to requests for comment. 

The law firm representing Arredondo said he declined to comment for this article, but the 50-year-old police chief defended the police response in his extensive June 9 interview with The Texas Tribune. Arrendondo pushed back against statements that he was the incident commander, saying he did not consider himself to be in charge of the scene and did not give orders to other responding officers, including holding off cops who were impatient to breach the door.

“Not a single responding officer ever hesitated, even for a moment, to put themselves at risk to save the children,” Arredondo told the nonprofit news outlet, though his comments appear to obtained by The New York Times and later the Tribune itself. “We responded to the information that we had and had to adjust to whatever we faced. Our objective was to save as many lives as we could.” 

McCraw reiterated Tuesday that Arredondo had assumed the role of on-site commander by issuing orders and directing action.

‘He really failed’ 

Since the horrific shooting, Trump and other school security experts have been highly critical of officers’ decision to wait in the hallway. For decades, law enforcement has been trained to confront the gunman — even at the cost of their own lives. 

Such standards grew out of the 1999 mass school shooting at Columbine High School in suburban Denver, with a realization that every second counts during a mass shooting, most of which are carried out in a matter of minutes. A more aggressive response at Uvalde, experts argue, could have saved lives, perhaps including one teacher in an ambulance and three children who passed away at nearby hospitals.

Public information about Arredondo’s actions that day — and his own admissions that he ran into the school without his police radio or quick access to the key he said was necessary — raise significant questions about his ability to perform his job, said Samuel Walker, a national expert on police misconduct and professor emeritus of criminal justice at the University of Nebraska at Omaha. Those questions, he said, necessitate action as investigators examine his conduct. 

“It appears that his actions were not appropriate and it’s entirely appropriate that he be on leave,” Walker said. “Unless some new evidence comes to light, it looks like he really failed in his responsibility and I think that disqualifies him from working any job in that school district.” 

Sheldon Greenberg, an education professor at Johns Hopkins University and a former police officer, said that disciplinary procedures for cops vary greatly across the country and officers often benefit from policies and labor contracts that protect them from facing repercussions for failures on the job. 

Several factors complicate this particular situation, Greenberg said. For one, as chief, Arredondo would typically make disciplinary decisions for officers in his department. In the case of the chief, that responsibility would fall to the district superintendent and the school board, who may have little to no experience in police disciplinary matters, Greenberg said. Additionally, he said it’s notably difficult to hold an officer accountable for failures to perform job duties. 

“There’s a difference between a police officer who commits an act,” like the Minneapolis police officer who murdered George Floyd “where the officer had his knee on his neck and was forcing compression on his neck for nine minutes,” Greenberg said. With Arredondo, “what he did you might categorize as omission, which is very different.” 

Officers at the 4,100-student Uvalde school district, including Arredondo, had been trained as recently as last year on how to respond to an active shooting, and materials by the Texas Commission on Law Enforcement urge cops to “Display uncommon acts of courage to save the innocent.” 

“As first responders we must recognize that innocent life must be defended,” according to the state training materials. “A first responder unwilling to place the lives of the innocent above their own safety should consider another career field.” 

Despite the hardline language in the training materials, Greenberg said an officer isn’t helpful during an emergency if they get killed. 

“You can’t do much if you’re dead or disabled,” he said. “You still go in with reasonable caution, just don’t go barging into a room unless you’re sure you have a genuine opportunity to stop the gunman.” 

Trump, the school safety consultant, said that placing Arredondo or any officer on administrative leave shouldn’t necessarily be framed as a disciplinary measure. While Arredondo’s continued role in the department could raise concerns about obstruction in the active investigations and about his capacity to keep the community safe, he said that any officer who responded to the elementary school should have a chance to go on leave to recover from the traumatic event. 

In many police departments, he said the move is routine procedure, yet it’s unclear what policies are in place for the school district’s six-person police force. A notes that the police chief  “shall be accountable to the superintendent,” but a review of the rules did not yield any insight on leave of absences. Arredondo and any other officers who are placed on leave should continue to receive a paycheck, Trump said. 

“They shouldn’t have to worry about income for their family, but they should have that paid leave for them to debrief, to decompress, to process, to not be exposed to continual trauma,” Trump said. While any police-involved shooting can cause distress for the officers involved, the Uvalde shooting resulted in the deaths of 19 children. “They’ve been exposed to major trauma and stress of the worst kind.” 

Trump was less sympathetic to Arredondo’s assertion that he’s been too busy to participate in interviews with investigators. Making himself available for questioning, he said, should be the chief’s number one priority. In fact, it’s another reason to put Arredondo on leave: To ensure he has the time and flexibility to cooperate. Meanwhile, officers from outside police departments across the state . 

“I can’t think of anything that anybody should or could be doing that would make them too busy to participate in an investigation into a major school shooting like this,” Trump said. “It’s among the biggest and the worst [mass shootings] that we’ve ever had. That answer certainly doesn’t carry water with most anybody, including the school community.”

‘Coward of Broward’

Arredondo is not the first school-based police officer to face scorn for his performance during a deadly crisis. School resource officer Scot Peterson was placed on administrative leave in 2018 for failing to confront the gunman at Marjory Stoneman Douglas High School in Parkland, Florida. 

Peterson ultimately chose to retire and was subsequently charged with seven criminal counts of child neglect. Prosecutors said he took cover behind a wall while the gunman killed 17 people. Those actions earned him the nickname the “Coward of Broward” by ardent critics in his Florida county. Even his boss, then-Sheriff Scott Israel, said at the time that Peterson’s actions made him “sick to my stomach.” 

But Peterson the steps taken against him as a “political lynching.” His attorney, Mark Eiglarsh, told The 74 this week that with both his client and the Uvalde school police chief, “The court of public opinion is unfortunately so quick to condemn responding officers and the incident commander without knowing all the facts.” 

“Unfortunately, due to the unprecedented and irresponsible decision” by prosecutors to charge Peterson, he said in an email, he fears that other officers, including Arredondo, “may also be stripped of their liberty and face decades in prison solely because a finding is made after the fact that things could have been handled differently.”  

The case against Peterson is in September. 

Despite the numerous investigations into the Uvalde shooting, the accountability that many in this small Texas community are demanding , according to legal experts. Qualified immunity, which protects cops from liability for their mistakes on the job, could challenge civil lawsuits. Meanwhile, charges against police officers — like the ones against Peterson — are extremely rare. But Walker, the police misconduct expert, expects the federal investigation to uncover failures in Uvalde that could help districts nationwide respond to similar attacks moving forward. 

“It looks like he failed, and if you fail and cause the death of a number of children, then it’s pretty serious,” Walker said. Yet such shortcomings likely extend beyond Arredondo, he said, and it’s important that the chief doesn’t become the scapegoat. “Clearly there’s what we would call systemic failure, and the school board probably failed in some respects” if it lacked sufficient policies to respond to such a lethal event.