El Paso mass shooting: Feds will not seek death penalty for Patrick Crusius man accused of killing 23 people at Walmart in 2019

El Paso, Texas – Federal prosecutors will not seek the death penalty for a man accused of fatally shooting nearly two dozen people in a racist attack at a Walmart in El Paso in 2019.

The US Department of Justice revealed its decision not to pursue the death penalty against Patrick Crusius in a one-sentence notice filed with federal court in El Paso on Tuesday.

Crusius, 24, is accused of targeting Mexicans during the mass shooting that left dozens injured and 23 killed. The Dallas area native is being charged with federal hate crimes and firearm violations, as well as first degree murder in state court, and has pleaded not guilty.

Related: El Paso Walmart shooting victims: What we know about the dead and injured

Federal prosecutors in their court have not explained why they did not seek Crusius’ execution, even though he could still face potential execution if convicted in state court. The decision comes weeks after Jaime Esparza, the former El Paso District Attorney, took over as United States Attorney for the western state of Texas.

Esparza said when he was the prosecutor that he would pursue the death penalty in the Crosius case. A spokesperson for Esparza’s office referred questions to the Department of Justice in Washington, D.C., where another spokesperson declined to comment. Cruisus attorneys did not immediately respond to requests for comment. His case is set to go to trial in federal court in January 2024.

RELATED: A Channelview resident says her daughter is in recovery after she was shot in the El Paso mass shooting

Although federal and state cases have progressed along parallel tracks, it is now unclear when Crusius might face trial on state charges.

The attorney general who was leading the state’s case, Yvonne Rosales, resigned in November over charges of incompetence related to hundreds of cases in El Paso and slowing down the case against Crusius. Texas Governor Greg Abbott last month appointed a new district attorney to “restore confidence” in the local criminal justice system.

RELATED: Patrick Crusius has been identified as the suspected El Paso shooter, sources tell ABC News

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Boston writer Alanna Durkin Richer contributed to this report.

Copyright © 2023 by The Associated Press. All rights reserved.

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