‘This is a trial by ambush,’ alleges the defense lawyer of the Uvalde officer after the testimony of the witness changes

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

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

On Tuesday night, after a witness acknowledged that her account of the shooting had changed over time, defense attorneys accused prosecutors of ambushing them by failing to reveal a significant change in the testimony of a key witness.

In testimony early 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 Robb Elementary School on the day of the shooting and remembered her and her students being shot.

In emotional testimony, Hale, a former 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 to the classroom, I saw the horrible person, I don’t know if he’s called that, walking,” he testified, saying he identified the gunshots based on the dust kicked up.

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

“Would you agree with me to listen to the entirety of your interview four days after that, you never told the (investigator) that you saw someone dressed in black with long hair and a fire and a gun?” a defense attorney asked.

“Correct,” he said.

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

“Correct,” he said.

According to defense attorney Jason Goss, prosecutors failed to provide the required notice that Hale’s story had changed since he spoke to investigators years later.

“If she reported these things to the prosecution, we had a right to do so to prepare for this. And this is an ambush trial,” Goss said.

In a rarely seen move, Judge Sid Harle allowed Goss to question 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 him, where did he see the shooter? That was not a question that arose in anyone’s mind when he asked him where the shooter was.” -Goss asked.

“You know, you’re getting real picky. Let me tell you something. When we were preparing these witnesses, I ran a law office,” Mitchell responded. “I’ve been in and out of interviews, so I can’t say that… I was like, ‘Oh my God,’ you know it wasn’t that kind of reaction for me.”

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

Speaking to reporters outside court, defense attorney Nico LaHood suggested the matter could lead to a mistrial.

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