(Ken Silva, Headline USA) The Texas Department of Public Safety has declined to make Allen mass shooter Mauricio Garcia’s background check public, claiming that the document is confidential.
Headline USA broke a story earlier this month that the Texas background check failed to flag Garcia’s mental health problems. Garcia’s former employer, Ruiz Protective Service, told this publication that the company was “not aware of any mental health issues related to Mr. Garcia, nor did the State of Texas report any issues when conducting a background check prior to issuing him a security license.”
Headline USA then filed a public records request to obtain a copy of Garcia’s background check. That’s when the state’s Department of Public Safety said the document is confidential.
“The background check for a private security license is a check of a person’s criminal history. Criminal history record information (CHRI) is confidential under section 411.083(a) of the Texas Government Code,” Brian Riemenschneider, the department’s assistant general counsel, said in a letter May 18.
Garcia was reportedly kicked out of the U.S. Army in 2008 “due to mental health concerns.” He would have needed a background check from Texas before becoming a licensed guard.
It’s not clear whether Garcia’s mental health issues would have barred him from becoming a licensed guard.
“Without evidence of ‘a serious psychiatric disorder,’ I’m not sure the circumstances of his separation from the Army would have been relevant under Texas licensing criteria,” said Reason Magazine senior editor Jacob Sullum, commenting on Headline USA’s scoop.
However, Texas law indicates that the Public Safety Commission could have denied Garcia’s license due to his reported mental health problems.
“In addition to dishonorable discharges, the Texas licensing statute does refer to someone ‘discharged from the United States armed services under other conditions determined by the [Public Safety Commission] to be prohibitive,’” Sullum noted.
In addition to dishonorable discharges, the Texas licensing statute does refer to someone "discharged from the United States armed services under other conditions determined by the [Public Safety Commission] to be prohibitive." https://t.co/zWPlq7r1dv
— Jacob Sullum (@jacobsullum) May 12, 2023
In any event, Garcia did receive a license, allowing him to undergo “firearms proficiency” training. His license expired in April 2020.
The Allen mass shooting killed eight individuals and left seven others critically injured. Garcia was killed by an officer at a parking lot of a Texas mall.
Rather than focus on Garcia’s mental health, most media outlets have focused on his purported ideology. According to the Washington Post, investigators at the scene found a sign on the man’s chest that said “RWDS,” an acronym for Right Wing Death Squad.
Meanwhile, authorities in Tennessee are also keeping records about transgender mass shooter Audrey Hale secret. In that case, the state is declining to release the trans triggerman’s manifesto, which reportedly reveals in chilling details what Hale had planned.
Judicial Watch has filed a lawsuit to make that record public.
Ken Silva is a staff writer at Headline USA. Follow him at twitter.com/jd_cashless.
