The start of the long-awaited civil trial over the mass shooting at Santa Fe High School has been postponed until mid-summer.
The trial was set to begin the end of May, but a judge pushed that date to July 29 to give plaintiffs attorneys more time to review documents from the criminal case.
Several family members of those killed and injured during the May 2018 rampage have sued the parents of the charged gunman, Dimitrios Pagourtzis.
Their lawsuit claims Antonios Pagourtzis and Rose Marie Kosmetatos should have done more to seek mental health treatments for their son and to ensure he did not have access to firearms.
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During a hearing before Judge Jack Ewing, Galveston County District Attorney Jack Roady said he would be willing to hand over evidence relating to the time period prior to the shooting. Roady said he would not provide evidence involving the day of the shooting or gathered after the murders.
Roady was specific in telling the judge no crime scene photos or videos would be released to the plaintiffs’ attorneys.
Roady said he could have documents to the plaintiffs’ attorneys by the end of next week, but it would take longer to review hundreds of witness statements to determine relevancy.
“We’re all frustrated by the fact that we still can’t proceed in the criminal prosecution. But I’m glad to see the civil case moving forward. We will provide the parties in the civil case with as much evidence from the criminal investigation as the law will allow, in the interests of justice and without compromising the pending criminal prosecution,” Roady wrote in a statement following the hearing.
Judge Ewing said once the documents are provided he will draft a protective order to make sure the information remains confidential, determine relevance to the civil lawsuit, and will give Pagourtzis’ defense attorney in the criminal case a chance to object to the release of certain information.
The attorney for Antonios Pagourtzis and Kosmetatos, Lori Laird, argued against a delay in going to trial.
“The plaintiffs had five years to do the things that are necessary to move their case forward. There has been a lot going on, undoubtedly, and it is a complex case. However, for the last year there’s really not an excuse for them not doing the things that need to be done,” said Laird.
An attorney for the families of the victims, Clint McGuire, said obtaining any information from the criminal case is a positive step forward.
“We’re gaining more information to be able to answer some of the questions that (the families) have in the case, and it’s another step closer to accountability,” said McGuire.
Attorneys for the families in the civil case also want to depose Pagourtzis and possibly have their own expert determine his competency.
Pagourtzis was declared incompetent to stand trial in the criminal case in 2019. Since that time he has been committed to North Texas State Hospital, where doctors continue to try to restore his competency.
“He’s clearly incompetent and the testimony he would be able to give wouldn’t be trustworthy, it wouldn’t be credible, it wouldn’t be competent,” said Laird.
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Judge Ewing said he would review all medical records and competency evaluations of Pagourtzis produced over the last five years and decide whether to grant the request for a deposition. Pagourtzis parents are scheduled to be deposed in the civil case on June 20.