AUSTIN (KXAN) — The family of Army Spc. Vanessa Guillen is still fighting for answers, a fight made more difficult by Texas’ so-called “Dead Suspect Ending.” It’s the same loophole transparency advocates are concerned about that could be used to block the publication of records in Uvalde.
“It’s been two long years,” said Mayra Guillén, in an exclusive interview. “I am very hesitant to accept what happened. To me, it’s like she’s still deployed somewhere and I’m waiting for that day when she’s coming home.”
In a room surrounded by photos and memories of her sister, what Mayra doesn’t have are answers.
“It’s been difficult,” he said. “Lots of questions from start to finish. No one can answer them or they refuse to answer them.”
Vanessa, a soldier at Fort Hood, was killed in 2020. The suspect in her death killed himself when approached by Killeen police. The family has asked to view the officer’s body camera video, in private, to see what, if anything, he might have said that could provide clues or closure.
The family’s attorney, Natalie Khawam, said the “dead suspect’s loophole” was used to prevent the Guillens from obtaining evidence.
“We were informed that none of the body camera video footage would be provided to us,” Khawam said. “Because [the suspect] he was, in quotes, ‘not a criminal’”.
Since 2018, KXAN has investigated this loophole in the Public Information Act. The loophole allows police to withhold information in criminal cases that have not gone through the judicial process, even when a suspect dies in police custody. Transparency advocates fear that this same loophole could be used to block the release of records in Uvalde that could shed light on law enforcement’s response.
Guillen’s attorney said the victims’ families should have access to all records in the case, including body camera video.
“Those are people’s property,” Khawam said. “And all that footage is paid for by taxpayers. Taxpayers should be entitled to something they paid for.”
“If we’re not going to provide transparency, why pay for them?” she asked. “If we’re not going to allow accountability, why are taxpayers paying for something we can’t use?”
There is an ongoing criminal case related to Vanessa’s murder, but Khawam said the “Dead Suspect Loophole” was used to block the release of the records to the family.
In response to Vanessa’s murder, Khawam and Mayra helped change state and federal laws to better assist servicemembers who are victims of sexual assault and harassment. Now they plan to meet, once again, with state lawmakers, this time in hopes of ending the “dead suspect loophole.”
“I am absolutely interested in working on this legislation,” Khawam said. “I am looking forward to working to fix this terrible legal loophole.”
“If we have to work for other laws to be changed or implemented,” Mayra repeated, “then I am here for it.”
Several legislators have spoken in favor of closing the legal loophole in the next session. That includes the Republican Speaker of the House Dade Phelan and Democratic state Rep. Joe Moody, who was just appointed vice chair of the Committee of Inquiry into the Robb Elementary School shooting.
Reference-www.kxan.com