JOE D.

GONZALES
BEXAR COUNTY CRIMINAL DISTRICT ATTORNEY
PAUL ELIZONDO TOWER
101 W. NUEVA ST.
SAN ANTONIO, TEXAS 78205
(210) 335-2311

September 22, 2023

Honorable Ken Paxton

Attorney General of Texas
Open Records Division
P.O. Box 12548
Austin, Texas 78711

Re: Request for Attorney General Ruling

File No. DA 23-0912 S007017 BCSO

Dear Attorney General Paxton:

On behalf of the Bexar County Sheriff’s Office (“Sheriff’s Office”), and under
Government Code section 552.301, we request a ruling for this public information
request. The Sheriff’s Office received the request on August 28, 2023, from Leigh
Waldman. A copy of the request is attached as Exhibit A. I electronically filed this brief
on September 22, 2023, and it is timely submitted. Additionally, I have placed the
representative sample, which contains video footage in the mail on September 22,
2023 because the Attorney General electronic filing system does not accept uploads
for video.

Pursuant to section 552.301(a) of the Government Code, this brief is submitted

to seek a decision as to whether the requested information is excepted under section
552.108 of the Government Code. We have provided a copy of this brief to the
requestor. We have attached a screenshot of the representative sample as
Exhibit B. Additionally, as mentioned above we have mailed the complete
representative sample since it is a video.

Section 552.108(a)(1) of the Government Code excepts from required public

1
disclosure information the release of which would interfere with the detection,
investigation, or prosecution of a crime. Information relating to a pending criminal
investigation or prosecution is one example of information that is excepted under
subsection (a)(1), because release of such information presumptively interferes with
the detection, investigation or prosecution of crime. See Houston Chronicle Publ’g Co.
v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.-Houston [14th Dist.] 1975) (court
delineates law enforcement interests that are present in active cases), writ ref’d n.r.e.
per curiam, 536 S.W.2d 559 (Tex. 1976); see also Open Records Decision No. 127 at 4
(1976).

The body camera footage at issue relates to a pending criminal investigation by

the Karnes County Sheriff’s Office. The Karnes County Sheriff’s Office has informed us
in writing that the information relates to a pending investigation and that they object
to the release of information. Exhibit C. Release of the information at this time would
interfere with the Karnes County Sheriff’s Office ongoing investigation interests.
Therefore, the body camera footage contained in Exhibit B may be withheld under
section 552.108(a)(1) and (b)(1)) of the Government Code.

On behalf of the Sheriff’s Office, we respectfully request a decision from the

Open Records Division regarding the applicability of the argued exceptions as
provided by the Texas Public Information Act.

Please do not hesitate to contact me if you have questions or require additional

information.

Sincerely,

Civil Division – Open Records

Bexar County Criminal District Attorney’s Office
Email: DAopenrecords@bexar.org

Enclosure

cc: Leigh Waldman (without enclosures)

lwaldman@ksat.com

Bexar County Sheriff’s Office (without enclosures)

SheriffsOpenRecords@bexar.org