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Federal grand jury returns superseding indictment against the El Paso Walmart shooting suspect

FILE - In the is Oct. 10, 2019 file photo, El Paso Walmart shooting suspect Patrick Crusius pleads not guilty during his arraignment in El Paso, Texas. Crusius, accused of killing 22 people at a Walmart Aug. 3, 2019 in Texas is expected to be reindicted Thursday, June 14, 2020 as he faces another murder charge in the mass shooting that targeted Mexicans, prosecutors said. (Briana Sanchez / El Paso Times via AP, Pool, File)

EL PASO, Texas (KTSM) – A federal grand jury in El Paso has returned a superseding indictment against the Walmart shooting suspect, Patrick Crusius.

The superseding indictment includes a new hate crime and firearms charges stemming from the death of a shooting victim who had been hospitalized.

On August 3, 2019, Crusius allegedly opened fire with an assault rifle and shot multiple individuals in and around the Walmart Supercenter in El Paso, leading to the death of 23 individuals and injuring many more.

On February 6, 2020, the federal grand jury returned an indictment against Crusius. On April 25, 2020, a victim, Guillermo “Memo” Garcia who had been shot during the incident died as a result of the injuries he sustained, officials said.

The federal grand jury superseding indictment includes 23 counts of hate crimes resulting in death (counts 1-23), 23 counts of use of a firearm to commit murder during and in relation to a crime of violence (counts 2446), 22 counts of hate crimes involving an attempt to kill (counts 47-68), and 22 counts of use of a firearm during and in relation to a crime of violence (counts 69-90).

The superseding indictment alleges that in June 2019, Crusius used the internet to purchase a GP WASR-10 semi-automatic rifle and 1,000 rounds of hollow-point ammunition. On August 3, 2019, after substantial planning and premeditation, Crusius allegedly took the assault rifle and ammunition and drove from his residence in Allen, TX, to the Walmart Supercenter store located on Gateway West Blvd. where he conducted his attack.

The superseding indictment further alleges that just prior to the mass shooting, Crusius uploaded to the internet a document he had drafted entitled “The Inconvenient Truth.” The document opened by stating, “This attack is a response to the Hispanic invasion of Texas. They are the instigators, not me. I am simply defending my country from cultural and ethnic replacement brought on by the invasion.”

Among other things, the superseding indictment charges Crusius with willfully causing bodily injury to the victims because of the actual and perceived national origin of any person.

The charges in the superseding indictment carry a maximum penalty of death or life imprisonment.

Officials said the Attorney General will decide whether to seek the death penalty at a later time.

There is no trial date at this time.