CITY OF KATY, Texas (Covering Katy News) — The defense for an 18-year-old Katy man accused of firing multiple gunshots inside the Katy Mills Mall during Christmastime shopping is asking the judge to hold all pretrial hearings out of public view. The defense claims pretrial publicity could harm their efforts to select an impartial jury.
The defense is also asking for a wide-reaching gag order that prohibits those associated with the trial from talking with media about the defendant's criminal record and his immigration status.
"Defendant respectfully moves this Court to hold all hearings in chambers, or outside the presence and hearing of the public and/or the media, press, reporters, or other journalists," the defense court document says.
The "defendant further requests that the Court order that no person, police officer, witness, court participant, any attorney, counsel or prosecutor for the State of Texas, and/or any other agent or employee of the State of Texas be allowed to comment to the media on any matter concerning this case," the document says.
Included in a list of things they can't talk about are things that are important to the public.
"Any prior convictions or alleged violations of the law by the Defendant, and Defendant's citizenship or immigration status, at any time during the pendency of this case," Sugar Land-based defense attorney Jeremy DuCote wrote in his "motion to restrict publicity and prohibit the state from making statements to the media."
The defense also wants to stop the media from photographing Chavez in the courtroom, or while he's walking through the halls of the courthouse.
Those types of restrictions are ones that have not been imposed on more high profile defendants like County Judge KP George or his former Chief of Staff Taral Patel who have each been indicted in a fake racism scandal.
The Fort Bend District Attorney's Office will argue against the restrictions.
"The only part of that could legally be enforced is the gag order," said Wesley Wittig, Second District Attorney.
The DA's Office says it would argue against having hearings behind closed doors.
"We would argue against the motion because it would be a violation of law and the higher courts have been crystal clear on reversing anything done under the cloak of secrecy," Wittig said.
The defense claims that pretrial publicity could harm Chavez's ability to get a fair trial, but a search for media stories shows there have been few if any since Chavez was arrested late last year.
Chavez recently hired a new defense team so it's possible the issue may not be pressed as vigorously as his previous attorney planned to do, but the motion was filed Dec. 30 and the new team has not rescinded it.
"It was filed by an appointed attorney who has since been replaced by a hired lawyer," Wittig said. "So they may not even adopt his motion."
Chavez remains in jail and will return to court on March 3. The judge is expected to rule on all defense motions and a motion to reduce the $500,000 bond.
Chavez, 18, has been unable to post the $500,000 bond and remains in custody at the county jail in Richmond. He and his juvenile brother are charged with Aggravated Assault with a Deadly Weapon.
Surveillance footage helped the Katy Police Department identify Chavez, and a subsequent search warrant led to the arrest of him and his brother, and the recovery of the weapon believed to be used in the crime. Katy Police say both suspects admitted to their involvement.
The two brothers are not documented gang members, but the probable cause affidavit states, "they are known associates of a person who is a documented Crazy Click gang member."
Chavez's brother is a juvenile.
The shooting occurred at about 5:20 p.m. Monday, December 23, near the Bass Pro Shop at Katy Mills frightening thousands of holiday shoppers. While there was structural damage to the mall, no one was struck by the bullets.
For additional information also read: Half Million Dollar Bond Set for Alleged Mall Shooter.
See the three pages of the defense motion below.
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Aaron Chavez Defense Motion page 1
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Aaron Chavez Defense Motion page 3
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Aaron Chavez Defense Motion Page 2