Santa Fe school district still discussing whether to continue Justice Department investigation into mass shooting

SANTA FE, Texas — Four months after the U.S. Department of Justice was tasked with conducting a critical incident investigation into the May 18, 2018, shooting at Santa Fe High School, school officials said they are still determining the “best course of action.” A Justice Department critical incident investigation is not a criminal investigation and requires the cooperation of all parties involved. KPRC 2 Investigates has learned that the continuation of that investigation depends largely on the cooperation of the Santa Fe school district.

Despite support from several state and federal lawmakers, as well as family members of the victims, city and school district officials in Santa Fe remain in discussions with the Justice Department over whether the review will continue.

What is the Ministry of Justice being asked to do?

“These people deserve answers,” said Michael Matranga, a retired U.S. Secret Service agent. “We can’t continue to stay silent, it’s not fair. We have to seek answers to this question.”

Matranga, a former safety and security officer for the Texas City School District, made the request on behalf of seven family members who lost loved ones in the mass shooting and six injured survivors. Matranga requested the same type of review that was conducted following the mass shooting at Robb Elementary School in Uvalde. Among its other duties, the Justice Department’s Office of Community Oriented Policing Services (COPS) conducts such reviews to help law enforcement determine where improvements can be made in how officers respond to critical incidents such as mass shootings.

“We believe that every school mass shooting should be investigated. We can’t know what needs to be done, we can’t change the law without that information. We want to prevent the next school shooting,” said Flo Rice, a substitute teacher who was seriously injured in the mass shooting.

Parents like Rosie Stone, whose son Chris Stone was killed, say they have been asking for six years for a detailed accounting of how everything unfolded on the day of the shooting. Flo Rice said it’s not about pointing fingers at school officials, but rather a review to determine whether improvements are needed.

“Every time I talk to anyone in our Santa Fe school district, they always say, ‘Rosie, everything went perfectly, everything went well; we don’t need to change anything.’ But if you do, show us,” Stone said.

Many details of the intervention are being kept from the public because the accused shooter is still incompetent to stand trial, leaving the criminal case unresolved. Santa Fe District Police Officer John Barnes was the first to confront the shooter and nearly bled to death after a shotgun blast tore an artery in his arm. Deputy Chief Gary Forward applied a tourniquet to save Barnes’ life while other officers helped him get to paramedics.

In a recent civil trial over the mass shooting, plaintiff’s attorney Clint McGuire told the jury that the shooter chose the school’s art rooms because they offered him the best cover from police and would give him the most time to do damage.

“We just want to know what happened from the moment he showed up until the end. We want every detail, good or bad, and for things to happen the way they’re supposed to happen,” said Flo Rice’s husband, Scot.

The Rices, Stone and several other family members successfully pushed through a state law that gives them the right to examine some evidence in murder cases that have not yet been tried, but the law also requires those who view the evidence to sign nondisclosure agreements. Stone has seen some of the school’s surveillance video.

“I’m not a professional at all. I don’t know all the ins and outs of everything, but I have common sense. I can say that what I’ve seen with my own eyes raises questions for me,” Stone said.

Galveston County District Attorney Jack Roady said he would support a Justice Department review.

“Several of our elected officials have called on the U.S. Department of Justice to investigate the law enforcement response to the shooting at Santa Fe High School on May 18, 2018. I am confident that our local, state, and federal law enforcement responded professionally and competently. A Department of Justice investigation will serve the public interest by providing more information to the public about this tragic event and better informing law enforcement across the country who may be called upon to respond to similar situations in the future.”

The shooter’s defense attorney in the criminal case, Nicholas Poehl, also supports the Justice Department’s request for a review.

“For too long, those responsible have avoided accountability for the Santa Fe High School shooting because criminal charges are still pending. These include officials at Santa Fe High School, the Santa Fe Independent School District, and the law enforcement officers who responded that day. The recent civil litigation has only opened the door to important questions whose answers could play a significant role in preventing or mitigating the NEXT school mass shooting. Accordingly, we support the victims’ and families’ call for an independent Justice Department investigation, and urge local authorities to fully cooperate with such an investigation.”

What is the response of the Ministry of Justice?

“The Department of Justice continues to work with Santa Fe city officials and has shared the range of training and technical resources available should the city decide to make a formal request for engagement,” Justice Department spokesman Joshua Stueve wrote to KPRC 2.

Because a critical incident review is not a criminal investigation, cooperation from all interested parties is crucial, which is why Matranga’s initial request is not enough to trigger a review. Matranga said he was told the Justice Department was waiting for the school district to decide whether it would cooperate.

“It’s frustrating to me that we have to ask for permission or cooperation from people who have been silent for six years,” Matranga said.

KPRC 2 asked Santa Fe ISD officials if the school board supports a critical incident review and if Superintendent Dr. Kevin Bott and Police Chief Ruben Espinoza think a review is necessary.

“Thank you for reaching out. Currently, our SFISD Board of Education is in communication with the Department of Justice. We are working with them to determine our best course of action,” Jenny Davenport, Assistant Superintendent of Human Resources and Communications, wrote to KPRC 2. “Most importantly, we want to reassure all of our stakeholders that safety remains our top priority. Santa Fe ISD is committed to being transparent with our parents and community.”

Santa Fe Mayor Brandon Noto sent a letter requesting a review of critical incidents.

“It is critical that we fully understand what happened that day so we can improve safeguards and help prevent this type of tragedy from happening again,” Noto wrote in a July 29 letter to U.S. Attorney General Merrick Garland.

In response to a follow-up question from KPRC 2, Noto wrote: “I have been in communication with the COPS division regarding resources their office can provide to the city.”

Families of those killed and injured in the mass shooting continue to question why the approach to what happened in Santa Fe was different than other school shootings. They point to independent investigations by a Texas House investigative committee, the Advanced Law Enforcement Rapid Response Training Center and the Justice Department following the Robb Elementary School mass shooting.

“This is not a criminal investigation, that’s not the point of it. It’s simply an after-action report that we can learn from and hopefully help save children from the same fate,” Rice said.

Rice and Stone have repeatedly said that Gov. Greg Abbott promised an independent investigation into the root causes of what happened, but no such review has materialized.

“We went to the governor’s mansion and met with him in 2018. Rosie, Flo and I were told that we would have a commission or an investigation like the one that happened in Parkland, Florida, and it never happened. So it’s kind of like why is Santa Fe always the one that gets left out,” Rice said.

Responses from other legislators

Several federal and state lawmakers have since sent letters calling for a Justice Department investigation into the Santa Fe High School mass shooting, as well as a rebuke of the department’s initial response to the request. You can read those letters below.