FORT LAUDERDALE, Fla. (AP) — In a prosecution believed to be a national first, a former Florida sheriff’s deputy is about to be tried on charges he failed to confront the gunman who murdered 14 students and three staff members at a Parkland high school five years ago.

Jury selection begins Wednesday in the trial of former Broward County Sheriff’s Deputy Scot Peterson, who remained outside a three-story classroom building at Marjory Stoneman Douglas High School during Nikolas Cruz’s six-minute attack on Feb. 14, 2018. Opening statements are scheduled for early June, and the trial could last two months.

Peterson, 60, is charged with seven counts of felony child neglect for four students killed and three wounded on the 1200 building’s third floor. Peterson arrived at the building with his gun drawn 73 seconds before Cruz reached that floor, but instead of entering, he backed away as gunfire sounded. He has said he didn’t know where the shots were coming from.

Peterson is also charged with three counts of misdemeanor culpable negligence for the adults shot on the third floor, including a teacher and an adult student who died. He also faces a perjury charge for allegedly lying to investigators. He could get nearly a century in prison if convicted on the child neglect counts and lose his $104,000 annual pension.

Robert Jarvis, a Nova Southeastern University law professor, said there is no question Peterson deserved firing but prosecuting him “seems like such an overreach.” “Peterson is an easy punching bag, but many, many people failed on February 14,” he said. “Peterson ... is being made into a scapegoat.”

For Peterson to be convicted of child neglect, prosecutors must first show he was legally a caregiver to the juvenile students. Florida law defines a caregiver as “a parent, adult household member or other person responsible for a child’s welfare.” Eiglarsh has argued there is an exemption for most police officers that covers his client. Circuit Judge Martin Fein ruled that is for the jury to decide, noting that Florida courts have found babysitters, landlords and even kidnappers to be caregivers.

highdesert wrote: Wed May 31, 2023 6:17 am

Robert Jarvis, a Nova Southeastern University law professor, said there is no question Peterson deserved firing but prosecuting him “seems like such an overreach.” “Peterson is an easy punching bag, but many, many people failed on February 14,” he said. “Peterson ... is being made into a scapegoat.”

For Peterson to be convicted of child neglect, prosecutors must first show he was legally a caregiver to the juvenile students. Florida law defines a caregiver as “a parent, adult household member or other person responsible for a child’s welfare.” Eiglarsh has argued there is an exemption for most police officers that covers his client. Circuit Judge Martin Fein ruled that is for the jury to decide, noting that Florida courts have found babysitters, landlords and even kidnappers to be caregivers.

Douglas High School families sued the county sheriff's department in federal court for failure to protect their children, it was thrown out of court because law enforcement has no duty to protect members of the public. This was filed as a state child neglect case since Scot Peterson was the school resource officer. If Peterson is convicted, this could eventually get to federal court and we'll see what happens there.

The Douglas High School parents like the Sandy Hook Elementary School parents are wealthy and keep filing lawsuits.

featureless wrote: Sat Jun 03, 2023 12:08 pm I believe the "no duty to protect" is generalized, i.e., public at large. The difference here is he was specifically assigned to that location. I don't know if that makes a difference legally, but it should.

highdesert wrote: Sat Jun 03, 2023 12:52 pm Douglas High School has over 3,000 students, it would have been impossible for Peterson to protect all of them. Police policies changed after Columbine so cops don't wait for SWAT, they enter the building to neutralize the shooter or shooters. Some people questioned why Peterson didn't enter the building and pursue the shooter. He was fired by the Broward County Sheriff's Dept. Grieving parents want someone to blame besides Cruz.

This appears to be the state statute.
[http://www.leg.state.fl.us/Statutes/ind ... 27.03.html][/url]

Uvalde was a total failure of LE leadership by, the district, city police, county sheriff and DPS. Over 400 LEOs were present and many were restraining parents. We've all seen the LEOs lined up in the school hallways reading e-mails, while shots were fired by the perp.

tagsoup wrote: Sat Jun 10, 2023 1:00 am

A Florida sheriff’s deputy was acquitted Thursday of felony child neglect and other charges for failing to act during the 2018 Parkland school massacre, concluding the first trial in U.S. history of a law enforcement officer for conduct during an on-campus shooting. Former Broward County Deputy Scot Peterson wept as the verdicts were read, while the fathers of two students murdered at Marjory Stoneman Douglas High School on Feb, 14, 2018, stared straight ahead and quickly left the courtroom. The jury had deliberated for 19 hours over four days.

After court adjourned, Peterson, his family and friends rushed into a group hug as they whooped, hollered and cried. Kevin Bolling, Peterson’s private investigator, chased after lead prosecutor Chris Killoran and said something. Killoran turned and snapped at him, “Way to be a good winner” and slapped him on the shoulder. Members of the prosecution team then nudged Killoran out of the courtroom.

His charges were in connection to the six killed and four wounded on the third floor, who were shot more than a minute after he approached the building. Prosecutors did not charge Peterson in connection with the 11 killed and 13 wounded on the first floor before he arrived. No one was shot on the second floor.

Prosecutors were using a novel legal theory against Peterson, that as the school’s assigned deputy he was legally a “caregiver” to its students — a requirement for him to be guilty of child neglect. Florida law defines a caregiver as “a parent, adult household member or other person responsible for a child’s welfare.” If jurors found Peterson was a caregiver, they also would have had to agree he failed to make a “reasonable effort” to protect the children or failed to provide necessary care.