Allen declines to release additional records related to mall mass shooting

The city of Allen has declined to release additional open records requests related to the mass shooting at Allen Premium Outlets, including full police dashcam and body-camera footage recorded that day.

In the months since a gunman opened fire outside the mall May 6, killing eight people, wounding seven others and traumatizing hundreds, The Dallas Morning News has filed more than 70 public records requests with Allen and other local, state and federal officials to better understand how the response to the tragedy unfolded.

Under the Texas Public Information Act, government entities must promptly produce requested information or ask the attorney general for an opinion on whether they are required to.

The city of Allen, through a private law firm representing it, asked the attorney general’s office to allow it to withhold some records. In addition to the footage, The News’ open requests of the city of Allen and Allen police include ambulance and rescue vehicle runs, a full incident report and other police documents pertaining to the shooting.

On Aug. 1, the attorney general’s office ruled it is up to the city’s discretion whether it wants to release the information. The ruling applied to 25 requests from 19 parties, including a number of other media outlets.

According to a letter from the attorney general’s office, Allen, in addition to the Texas Department of Public Safety and the FBI, argued that releasing the records would “interfere with law enforcement.”

“Based on these representations and our review, we find release of the submitted information would interfere with the detection, investigation or prosecution of crime,” the ruling reads.

Photos: Community members gather to pay respect to victims of Allen outlets shooting

Just over two weeks later, Kaleb Smith with the Dallas-based law firm Nichols Jackson said in an email to The News that the city decided to withhold the outstanding requests, writing: “Our arguments have been upheld and the City may withhold all or part of the information subject of your request.”

Amy Hollyfield, managing editor of The News, said the attorney general’s office’s ruling and the city’s subsequent decision “underscore the public interest at the heart of our records requests.”

“There has been no indication from law enforcement of an ongoing investigation that could lead to prosecution,” Hollyfield said. “Meanwhile, victims’ families and the community are still healing four months later and have unanswered questions.

“We want to be the independent review of video and records to understand how to prevent another tragedy like this in our community.”

Allen officials have previously cited a provision in state law known as the “dead suspect loophole.” The provision states records involving a criminal investigation that doesn’t result in a conviction aren’t required to be made public, including when a person, like the Allen gunman, dies at the hands of police. A new state law went into effect last week closing the loophole.

Open records already provided in the Allen shooting — including 911 call recordings, basic information from that day’s crime report and police dispatch logs — were all critical to The News’ ability to provide a more complete picture of the shooting and its impact on North Texas, including a thorough narrative through the eyes of people devastated by the gunfire.

The Allen Fire Department also released a 66-page report detailing the minute-by-minute response to the shooting. The report included ambulance data, which the city had previously refused to release to The News.

Nearly two months after the shooting, Allen released 5½ minutes of body-camera footage from the police officer who shot and killed the gunman — not through fulfilling a records request, but in a public news release. No other police video has been made available.

The released footage shows about 3:30 p.m. that Saturday, an officer was speaking to two children about seatbelt safety in the mall’s parking lot when roughly 20 shots rang out in the distance. Alone, he grabbed a rifle from his patrol car and ran toward the sound as shots continued in bursts.

“They’re still shooting,” the officer said into his radio. “I’m on foot, I need everybody I got.”

After a few minutes of searching, and another volley of gunfire, the officer found the gunman, aimed his rifle and fired more than 10 shots.

“Shots fired by police, I got him down!” the officer yelled.

The footage ended as the officers hovered over the body of the gunman, who was bleeding on the sidewalk in front of Fatburger.

The victims killed were Kyu Cho, 37; Cindy Cho, 35; James Cho, 3; Daniela Mendoza, 11; Sofia Mendoza, 8; Christian LaCour, 20; Elio Cumana-Rivas, 32; and Aishwarya Thatikonda, 26.

- Staff writer Lauren McGaughy contributed to this story