TEMPLE, Texas — It was just over two weeks ago when a jury found former Temple Police officer Carmen Decruz not guilty for the shooting death of Michael Dean, and due to legal issues, the body camera footage that was central to the trial still has not been released to the public.
The body camera footage was shown to the jury during the trial, but 6 News legal expert Liz Mitchell explains why Temple attorneys have still not publicly released the footage.
"Although the video was shown in the courtroom, there are laws that allow the government to withhold the video because the video and investigation did not result in a conviction," Mitchell explained.
The City of Temple is subject to the ‘Texas Public Information Act’. This means the city is generally required to release records they have when the public asks for it, unless a specific exception to disclosure applies.
Mitchell says the jury finding DeCruz not guilty has impacted the ability for the public to be able to see the footage.
As of right now, the decision to release the footage lies with the Dean family.
During trial, the family got up and left the courtroom when the video was played.
In this case, the city believes the video falls under an exemption implemented by the U.S. Supreme Court. This exemption is when a surviving family member may have a personal privacy right in the death scene images of a close family member.
The family was sent a notice on Feb. 17 from Temple attorneys informing them that requests have been made from the public to receive a copy of the body camera footage worn by DeCruz the night of the shooting.
The Dean family has the power to raise an objection to the release of those images. However, according to the notice sent to Dean's parents, the family has the right to object to the release of the death scene images by submitting written arguments to the Temple attorney general that one or more exceptions apply to the release of these records.
But even if the family decides to approve releasing the footage, Mitchell explains how the city can still withhold releasing the footage because of the not guilty verdict.
"If the family or next of kin does not object to the video being released and the agency is willing to release the video, then it will be released. Usually, it starts with the agency, and because the case didn't result in a conviction they could technically keep it from public view," Mitchell said.
The notice says in part:
"You are not required to submit arguments to the attorney general, but if you decide not to submit arguments, the Office of the Attorney General will presume that you have no interest in withholding your records from disclosure. In other words, if you fail to take timely action, the attorney general will more than likely rule that your records must be released to the public."
The Dean family has no later than the tenth business day after the date they received this notice to send the attorneys their reasons why they do not want the footage released. However, this is not something they have to do.