Grand jury indicts man on capital murder for El Paso attack

EL PASO, Texas (AP) — A man accused of gunning down people at a busy Walmart in El Paso last month was indicted Thursday for capital murder, prosecutors announced.

Patrick Crusius, 21, of Allen, Texas, was indicted on one count in connection with the Aug. 3 mass shooting that left 22 dead, District Attorney Jaime Esparza said. El Paso prosecutors are seeking the death penalty for Crusius, who remains jailed without bond.

Crusius' defense lawyers did not immediately respond to requests for comment Thursday. Attorney Mark Stevens previously said he will use "every legal tool available" to prevent his client from being executed.

The El Paso County District Clerk's office said Crusius' indictment would not be publicly available until next week.

Prosecutors have said Crusius surrendered to police after the attack saying, "I'm the shooter," and that he was targeting Mexicans. In court documents, prosecutors alleged that Crusius was the author of a screed published shortly before the shooting that said it was "in response to the Hispanic invasion of Texas."

Federal prosecutors have said they are weighed hate-crime charges against Crusius that could also carry the death penalty.

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El Paso shooting leaves 20 dead, more than two dozen injured
Law enforcement from different agencies work the scene of a shooting at a shopping mall in El Paso, Texas, on Saturday, Aug. 3, 2019. Multiple people were killed and one person was in custody after a shooter went on a rampage at a shopping mall, police in the Texas border town of El Paso said. (AP Photo/Rudy Gutierrez)
Law enforcement work the scene of a shooting at a shopping mall in El Paso, Texas, on Saturday, Aug. 3, 2019. Multiple people were killed and one person was in custody after a shooter went on a rampage at a shopping mall, police in the Texas border town of El Paso said. (AP Photo/Rudy Gutierrez)
Police tape strung across an intersection behind the scene of a shooting at a shopping mall in El Paso, Texas, on Saturday, Aug. 3, 2019. Multiple people were killed and one person was in custody after a shooter went on a rampage at a shopping mall, police in the Texas border town of El Paso said. (AP Photo/Rudy Gutierrez)
An El Paso police officer talks to a store employee following a shooting at a shopping mall in El Paso, Texas, on Saturday, Aug. 3, 2019. Multiple people were killed and one person was in custody after a shooter went on a rampage at a shopping mall, police in the Texas border town of El Paso said. (AP Photo/Rudy Gutierrez)
Law enforcement officers make their way along a walkway to the scene of a shooting at a shopping mall in El Paso, Texas, on Saturday, Aug. 3, 2019. Several people were killed in the shooting Saturday in a busy shopping area in the Texas border town. (AP Photo/Rudy Gutierrez)
People walk out of an elementary school after family members were asked to reunite following a shooting at a shopping mall in El Paso, Texas, on Saturday, Aug. 3, 2019. Multiple people were killed and one person was in custody after a shooter went on a rampage at a shopping mall, police in the Texas border town of El Paso said. (AP Photo/Rudy Gutierrez)
An El Paso police officer checks vehicles along a roadway near the scene of a shooting at a shopping mall in El Paso, Texas, on Saturday, Aug. 3, 2019. Several people were killed in the shooting Saturday in a busy shopping area in the Texas border town. (AP Photo/Rudy Gutierrez)
Ambulances stage in the parking near the scene of a shooting at a shopping mall in El Paso, Texas, on Saturday, Aug. 3, 2019. Several people were killed in the shooting Saturday in a busy shopping area in the Texas border town. (AP Photo/Rudy Gutierrez)
U.S. Customs and Border Protection officers stage along a street near the scene of a shooting at a shopping mall in El Paso, Texas, on Saturday, Aug. 3, 2019. Several people were killed in the shooting Saturday in a busy shopping area in the Texas border town. (AP Photo/Rudy Gutierrez)
U.S. Customs and Border Protection officers gather near the scene of a shooting at a shopping mall in El Paso, Texas, on Saturday, Aug. 3, 2019. Multiple people were killed and one person was in custody after a shooter went on a rampage at a shopping mall, police in the Texas border town of El Paso said. (AP Photo/Rudy Gutierrez)
People walk into an elementary school to look for loved ones near the site of a shooting at a shopping mall in El Paso, Texas, on Saturday, Aug. 3, 2019. Several people were killed in the shooting Saturday in a busy shopping area in the Texas border town. (AP Photo/Rudy Gutierrez)
A law enforcement officer walks near the scene of a shooting at a shopping mall in El Paso, Texas, on Saturday, Aug. 3, 2019. Multiple people were killed and one person was in custody after a shooter went on a rampage at a shopping mall, police in the Texas border town of El Paso said. (AP Photo/Rudy Gutierrez)
Law enforcement officers arrive near the scene of a shooting at a shopping mall in El Paso, Texas, on Saturday, Aug. 3, 2019. Several people were killed in the shooting Saturday in a busy shopping area in the Texas border town. (AP Photo/Rudy Gutierrez)
A police officer stands outside a home in Allen, Texas, believed to be associated with a mass shooting at a busy shopping area in the border town of El Paso, Saturday, Aug. 3, 2019. (AP Photo/Jake Bleiberg)
Agentes de varias corporaciones se presentan en el lugar donde se registró un tiroteo en un centro comercial de El Paso, Texas, el sábado 3 de agosto de 2019. (AP Foto/Rudy Gutierrez)
Agentes de varias corporaciones se presentan en el lugar donde se registró un tiroteo en un centro comercial de El Paso, Texas, el sábado 3 de agosto de 2019. (AP Foto/Rudy Gutierrez)
Edie Hallberg, left, speaks with police officers outside the Walmart store as she's looking for her missing mother Angie Englisbee, 87, who was in the store during the mass shooting in El Paso, Texas, Saturday, Aug. 3, 2019. Multiple people were killed and one person was in custody after a shooter went on a rampage at a shopping mall, police in the Texas border town of El Paso said. (AP Photo/Andres Leighton)
Edie Hallberg cries while speaking to the police outside the Walmart store as she's looking for her missing mother Angie Englisbee, 87, who was in the store during the mass shooting in El Paso, Texas, Saturday, Aug. 3, 2019. Multiple people were killed and one person was in custody after a shooter went on a rampage at a shopping mall, police in the Texas border town of El Paso said. (AP Photo/Andres Leighton)
Texas state police cars block the access to the Walmart store in the aftermath of a mass shooting in El Paso, Texas, Saturday, Aug. 3, 2019. Multiple people were killed and one person was in custody after a shooter went on a rampage at a shopping mall, police in the Texas border town of El Paso said. (AP Photo/Andres Leighton)
An El Paso Police officer stands guard outside a Walmart store in the aftermath of a deadly shooting in El Paso, Texas, Saturday, Aug. 3, 2019. (AP Photo/Andres Leighton)
From left, Melody Stout, Hannah Payan, Aaliyah Alba, Sherie Gramlich and Laura Barrios comfort each other during a vigil for victims of the shooting Saturday, Aug. 3, 2019, in El Paso, Texas. A young gunman opened fire in an El Paso, Texas, shopping area during the busy back-to-school season, leaving multiple people dead and more than two dozen injured. (AP Photo/John Locher)
People embrace during a vigil for victims of the shooting Saturday, Aug. 3, 2019, in El Paso, Texas. A young gunman opened fire in an El Paso, Texas, shopping area during the busy back-to-school season, leaving multiple people dead and more than two dozen injured. (AP Photo/John Locher)
People attend a vigil for victims of the shooting Saturday, Aug. 3, 2019, in El Paso, Texas. A young gunman opened fire in an El Paso, Texas, shopping area during the busy back-to-school season, leaving multiple people dead and more than two dozen injured. (AP Photo/John Locher)
Melody Stout and Hannah Payan comfort each other during a vigil for victims of the shooting that occurred earlier in the day at a shopping center, Saturday, Aug. 3, 2019, in El Paso, Texas. (AP Photo/John Locher)
People gather in Juarez, Mexico, Saturday, Aug. 3, 2019, in a vigil for the 3 Mexican nationals who were killed in an El Paso shopping-complex shooting. Twenty people were killed and more than two dozen injured in a shooting Saturday in a busy shopping area in the Texas border town of El Paso, the state’s governor said. (AP Photo/Christian Chavez)
People gather in Juarez, Mexico, Saturday, Aug. 3, 2019, in a vigil for the 3 Mexican nationals who were killed in an El Paso shopping-complex shooting. Twenty people were killed and more than two dozen injured in a shooting Saturday in a busy shopping area in the Texas border town of El Paso, the state’s governor said. (AP Photo/Christian Chavez)
From left, Samuel Lerma, Arzetta Hodges and Desiree Quintanar attend a vigil for victims of the deadly shooting that occurred earlier in the day at a shopping center Saturday, Aug. 3, 2019, in El Paso, Texas. (AP Photo/John Locher)
People gather in Juarez, Mexico, Saturday, Aug. 3, 2019, in a vigil for the 3 Mexican nationals who were killed in an El Paso shopping-complex shooting. Twenty people were killed and more than two dozen injured in a shooting Saturday in a busy shopping area in the Texas border town of El Paso, the state’s governor said. (AP Photo/Christian Chavez)
People gather in Juarez, Mexico, Saturday, Aug. 3, 2019, in a vigil for the 3 Mexican nationals who were killed in an El Paso shopping-complex shooting. Twenty people were killed and more than two dozen injured in a shooting Saturday in a busy shopping area in the Texas border town of El Paso, the state’s governor said. (AP Photo/Christian Chavez)
A police officer stands in the doorway to a Walmart where a gunman opened fire in a shopping complex Saturday, Aug. 3, 2019, in El Paso, Texas. (AP Photo/John Locher)
A woman sits next to a sign with a message that reads: ¨No More Guns! Make Love¨, in Juarez, Mexico, Saturday, Aug. 3, 2019, where people are gathering for a vigil for the 3 Mexican nationals who were killed in an El Paso shopping-complex shooting. Twenty people were killed and more than two dozen injured in a shooting Saturday in a busy shopping area in the Texas border town of El Paso, the state’s governor said. (AP Photo/Christian Chavez)
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Survivors of the El Paso attack have held vigils around the city, including outside of the jail in downtown El Paso where Crusius has been kept isolated from other prisoners, on suicide watch.

The El Paso massacre, along with another August mass shooting in the Texas cities of Midland and Odessa , has fueled anger among gun control and immigration advocates, and caused political blowback.

Texas Gov. Greg Abbott acknowledged weeks after the attack that "mistakes were made " when he sent a fundraising mailer encouraging supporters to "take matters into our own hands" and "DEFEND" Texas. Abbott has pledged to invest in a domestic terrorism taskforce and has suggested he would support an expansion of firearm background checks. He has resisted calls to regulate the sale of military-style rifles like the one authorities say Crusius used in El Paso.

Texas Lt. Gov. Dan Patrick drew the ire of the NRA last week after expressed support for background checks.

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