Skip to main content

Florida | School officer not guilty over Parkland school shooting response

A former sheriff's deputy has been found not guilty of failing to protect students when a gunman opened fire at a Florida high school in 2018.

Scot Peterson stayed outside during the attack at Marjory Stoneman Douglas High School in Parkland, near Miami.

Mr Peterson, the school's resource officer, was found not guilty of 11 charges including felony child neglect, culpable negligence and perjury.

The attack, among the deadliest at a US school, saw 17 killed and 17 injured.

Mr Peterson, 60, put his head in his hands and began sobbing as the verdicts were read out in court in Fort Lauderdale.

After the verdict, Mr Peterson told reporters that he would like to talk to the parents of the students who were killed.

"If they need to really know the truth of what occurred... I'll be there for them," he said.

But Tony Montalto, whose daughter Gina was one of the students murdered, said he continued to blame Mr Peterson for not trying to stop the shooting.

"His inaction contributed to the shock, the devastation of students and teachers at that school," Mr Montalto told reporters. "We don't understand how this jury looked at the evidence that was presented and found him not guilty."

"All I can say to the members of the jury is: 'I think your school should hire him to protect your children,'" he said.

The jury heard testimony that when the attack occurred on 14 February 2018, Mr Peterson, who was armed but was not wearing body armour, stayed in an alcove adjacent to the school building for 30 or 40 minutes until the shooting stopped.

A Florida Department of Law Enforcement investigation found he "did absolutely nothing to mitigate" the shooting. Critics, including then-President Donald Trump, branded him a coward.

Mr Peterson is believed to be the first US officer charged with failing to respond to a school shooting, according to the National Association of School Resource Officers. He could have faced a sentence of up to 97 years in prison if he had been convicted.

There is no law that requires a police officer to put themselves in the line of fire, or risk their lives during a shooting, so prosecutors chose to charge him with felony child negligence. The case hinged on whether Mr Peterson had a legal obligation to try to stop the killer.

But the defence focused on Mr Peterson's long career, said that he was confused about the where the shots were coming from, and argued that he could not be considered a "caregiver" under a law typically used to prosecute parents or day care providers when children are hurt while under their care.

He didn't confront a school shooter. Should he be jailed?


In a statement, the Broward County State Attorney's Office repeated its contention that Mr Peterson could have done more to save the victims.

"For the first time in our nation's history, prosecutors in this case have tried to hold an armed school resource officer responsible for not doing his job," the attorney's office said.

"As parents, we have an expectation that armed school resource officers - who are under contract to be caregivers to our children - will do their jobs when we entrust our children to them and the schools they guard."

But Bob Jarvis, a law professor at Nova Southeastern University in Fort Lauderdale, said it was a "ridiculous" to attempt to legally designate Mr Peterson a caregiver for hundreds of students.

Mr Jarvis said the case had the potential to set precedent for whether law enforcement - or even civilian school officials - will face prosecution for failing to confront a gunman.

"The government's case always was a long shot at best, and clearly the jury saw that Peterson was merely a scapegoat," Mr Jarvis said.

"This will make it very unlikely for other prosecutors to bring such a case" in the future, he said.

Gunman Nikolas Cruz, a former student at the school, was sentenced in November to life in prison without the possibility of parole for the Parkland attack.

Mr Peterson's trial came after police officers in Uvalde, Texas also faced criticism for failing to confront a killer.

A report by the Texas Department of Public Safety found a Uvalde police officer could have stopped the attack on Robb Elementary School by shooting the killer before he entered, but hesitated while awaiting permission from a supervisor.

More than an hour later, a team of US border patrol agents stormed the school, by which time the gunman had killed 19 children and two teachers and injured 17 others.

Source: BBC News, Staff, June 30, 2023


After Scot Peterson acquittal, how many bitter pills can grieving Parkland parents take? | Opinion

It was highly unlikely that Scot Peterson could have taken down Nikolas Cruz, before the former-student-turned-gunman would kill 17 people and injure 17 more at Marjory Stoneman Douglas High School in 2018.

The thing is, he didn’t even try.

Peterson was the only school resource officer on the scene when Cruz began his deadly rampage. Peterson, though armed, not only didn’t rush into the school where people were screaming and being slaughtered, he didn’t enter the school building at all. Footage from a security camera caught much of what he did — and what he didn’t do — earning the derisive nickname, “The Coward from Broward.”

Thursday, in a Broward County courtroom, Peterson was acquitted of seven counts of child neglect and three counts of culpable negligence for the deaths and injuries of 10 people on the third floor of the building where the shooting occurred. He arrived about two-and-a-half minutes after shooting started. By then, those on the first floor of Building 1200 had been shot; Cruz had headed to the third floor, skipping the second.

Peterson not only failed to enter the building when he arrived, he remained outside long after other police officers showed up and stormed in.

He was also found not guilty of one count of perjury. He had told police that he heard only a few gunshots and saw no children running from the building.

His relief upon hearing Thursday’s verdict was obvious — as was the grief of the few parents and others in the courtroom who lost loved ones in that Feb. 14 massacre. Peterson put the palms of his hands together as if in prayer and nodded to the jurors in gratitude.

The parents likely could only wonder: When does it end? When will the punishment fit the horror of what happened? Last year, they and other survivors of those killed were stunned when Cruz, who pleaded guilty to 17 counts of murder and 17 counts of attempted murder, nevertheless received life in prison without parole, after one juror balked at the death penalty.

Peterson’s acquittal rubbed salt in wounds that won’t heal.

Prosecutors might not have done themselves any favors in charging Peterson with child neglect. According to The New York Times, jurors would have to agree that he was a “caregiver” responsible for the students’ welfare. “Even the judge expressed skepticism from the bench at the argument that the former deputy’s inaction could be said to have ‘caused’ harm.”

And there may be precedent: In 1989, the U.S. Supreme Court ruled that police are not always constitutionally required to help a victim against violence.

Five years on, the Marjory Stoneman Douglas shooting continues to roil our expectations of elected officials, appointed leaders, law-enforcement officers and Florida law — for good and for ill.

One grieving — and aggrieved — parent, Lori Alhadeff, was voted onto the Broward County School Board.

Angry students and their supporters refused to take No for an answer and pressured reluctant state lawmakers into passing legislation that, among other things, raised the age to buy rifles and “long guns” to 21 from 18. Then-Gov. Rick Scott signed it into law. The NRA challenged it almost immediately, of course, but the 11th US Circuit Court of Appeals upheld the law.

(This year lawmakers in the Florida House took the low road and voted 69-36 to lower the age to 18 again. But no one in the state Senate filed a companion bill, and the initiative rightly died.)

State lawmakers this year also gave Gov. DeSantis yet another misbegotten victory with legislation — now the law — declaring jury decisions no longer need be unanimous to impose the death penalty — just 8-4. This misstep is directly related to the Cruz verdict. Florida now has the sorry distinction of having set the lowest bar in the country for the death penalty in a state with the highest number of exonerations of inmates wrongly accused and convicted of murder.

What Parkland hasn’t changed is our expectations that police officers are supposed to protect us, with our understanding — and admiration — that their jobs are wholly unpredictable, frightening and dangerous.

Peterson did not meet expectations; and, as far as Parkland survivors are concerned, neither did Broward prosecutors.

Peterson might not have been thinking clearly when, speaking for himself and his wife after the verdict, “We’ve got our life back after four and a half years. It’s been an emotional roller coaster for so long.”

Knowing full well that they will never, ever regain the lives of their daughters and sons and spouses, the victims’ survivors likely would concur with only the second sentence of Peterson’s statement.

Source: The Miami Herald, Editorial Board, June 30, 2023


_____________________________________________________________________




_____________________________________________________________________


FOLLOW US ON:












HELP US KEEP THIS BLOG UP & RUNNING!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."


— Oscar Wilde

Most viewed (Last 7 days)

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month.  Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1.  No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week. 

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

US | Army lays groundwork for death row executions if Trump gives approval

The Army is preparing to carry out the executions of the military's four death-row inmates if ordered to do so by the president, according to an internal planning document reviewed by ABC News. If carried out, it would mark the first time the military executed convicted American inmates in more than a half-century The plan, dubbed "Operation Resolute Justice" and issued internally in February, directs Army officials to coordinate with the Federal Bureau of Prisons to transfer condemned prisoners from the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, to the federal execution facility in Terre Haute, Indiana, where the Justice Department carried out a series of non-military federal executions during President Donald Trump's first term.

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

Texas | Tanner Horner now incarcerated at the Polunsky Unit

Convicted child killer Tanner Horner has now taken up residence in one of the most brutal death row prisons after being sentenced to die by a Texas jury last month. Horner is incarcerated at the Polunsky Unit, an infamously restrictive prison outside Houston where the state's death row inmates are housed in an all-solitary confinement wing and spend at least 22 hours a day in their 60-square-foot cells. The former FedEx deliveryman, 34, was booked at the notorious prison on May 5 within hours of being sentenced for the gruesome murder of Athena Strand, 7, whom he admitted strangling while delivering a Christmas gift to her home in November 2022.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Texas | Death Row Inmate Gets Resentenced to Life

Harris County district judge recommends compassionate release for Clarence Jordan A 1977 convenience store robbery that resulted in a clerk’s death landed Clarence Jordan on Texas Death Row, where he remained for decades even though he was declared incompetent for execution. On Monday, a judge recommended that the disabled man be released.  Harris County District Court Judge Katherine Thomas resentenced Jordan to life with the possibility of parole and suggested that he be considered for the Texas Department of Criminal Justice’s Medically Recommended Intensive Supervision program, also known as compassionate release.

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.