March 22, 2022

Jhovani Carrillo Via email: jhcarrillo@sbgtv.com

Sara Villegas

RE: Public Information Act request to the El Paso County Sheriff’s Office for records
related to Marcos Chavez; Our File No. 0270-22-PI and 0275-22-PI.

Dear Mr. Carrillo,

Pursuant to Section 552.301 of the Texas Government Code, we are requesting an opinion from
the Office of the Attorney General because we believe the information responsive to your request
is excepted from release. We are withholding release of that information until we receive an
opinion from the Attorney General. Attached is a copy of our brief to the Attorney General. See
Attachment A. The Attorney General will provide you a copy of his opinion when it is issued,
which normally takes about 45 business days after receipt of our brief.

If you have any questions, please do not hesitate to contact me or my assistant, Irma Murillo at
(915) 538-2123 or irma.murillo@epcounty.com.

Sincerely,

CARLOS G. MADRID
Assistant County Attorney

CGM/imm
Attachment
Attachment A
 March 22, 2022

The Honorable Ken Paxton Certified mail 7020 2450 0002 0670 0986
Attorney General, State of Texas Return Receipt Requested
Attn: Open Records Division
P.O. Box 12548
Austin, Texas 78711-2548

RE: Public Information Act request from Crista Mack of KVIA (Our File No. 0270-
22-PI) and Jhovani Carrillo of KFOX (Our File No. 0275-22-PI) to the El Paso
County Sheriff’s Office requesting the Complaint Affidavit for Case No.
20220D00343;

Dear General Paxton:

I am writing this letter, pursuant to section 552.301 of the Texas Government Code, to seek your
opinion concerning whether certain requested information is excepted from release. On March 8,
2022, the El Paso County Sheriff’s Office received a request from Crista Mack of KVIA (Our
File No. 0270-22-PI) and Jhovani Carrillo of KFOX (Our File No. 0275-22-PI) requesting the
Complaint Affidavit for Case No. 20220D00343 involving Marcos Chavez. See Attachment A.

The records in Attachment B are responsive to the request; however, we are seeking to withhold
them as they are related to an investigation of indecency with a child. Both requestors are from
the media and not involved in this incident.

Section 552.101 of the Texas Government Code excepts information from release if it is
information considered to be confidential by law. Information concerning the report or
investigation of abuse against a child is confidential under section 261.201 of the Texas Family
Code. Since the information included in Attachment B is the product of an incident of Indecency
with Child Sexual Contact, we believe it is confidential under section 261.201 of the Texas
Family Code and excepted from release under section 552.101 of the Texas Government Code.
The Honorable Ken Paxton
March 22, 2022
Page Two

I appreciate your attention to this request.

Sincerely,

CARLOS G. MADRID
Assistant County Attorney

CGM/imm
Attachments
c: Requestor Crista Mack w/o attachments
Via email: crista.mack@kvia.com

Requestor Jhovani Carrillo w/o attachments

Via email: jhcarrillo@sbgtv.com