The findings were released on Friday by an independent commission probing the Oct. 25 mass shooting. Members studied failures in the system that led to the tragedy, and most of the blame landed on the Sagadahoc County Sheriff’s Office.
The study concluded that law enforcement should have implemented the state’s unique ‘yellow flag” law, which they failed to do.
Sheriff’s officials were further cited for not doing follow up with the shooter’s family to ensure he did not have access to weapons and that he was being taken care of.
Eighteen people died in what was the deadliest mass shooting in Maine history.
The 30-page report expressed deep reservations in law enforcement actions leading up to the tragedy.
“The Commission is unanimous in finding that in September 2023, the Sagadahoc County Sheriff’s Office (SCSO) had sufficient probable cause to take Robert Card Jr. into protective custody under Maine’s Yellow Flag law and to remove his firearms and that the SCSO had probable cause to believe that Mr. Card posed a likelihood of serious harm.”
There are significant differences between “yellow flag” and “red flag” laws, as Maine is the only state with the former. The distinction is in the application of due process rights.
For comparison, Massachusetts’ red flag law allows a relative or roommate to report a person believed to be an immediate violent threat for an emergency court order. A judge must approve, and then the targeted gun owner is then forced to surrender their gun permit and weapons.
They may appeal to have their firearms returned.
Under the Maine yellow flag law, there are more protections for gun owners. If a person suspects another individual is an immediate threat, whether they are a close relative or a law enforcement officer, they make a report to the police.
At that point, local law enforcement must decide whether to take that person into protective custody or arrange for a medical expert to perform a mental health evaluation. If it is found necessary by the police or a doctor, a court order must be applied for to temporarily confiscate the person’s weapons.
Only at that point may a court order be granted to strip gun rights away. Again, due process.
The overriding message of the report is that law enforcement had every tool it needed to step in and stop this massacre but failed to do so. It also flatly contradicted an independent review conducted at the request of the SCSO.
The December report concluded that sheriff’s officials’ handling of the situation with the shooter was “reasonable under the totality of the circumstances.” It noted wellness checks were attempted but there was no probable cause to take Card into custody.
Officers were never able to make face-to-face contact with him.
But last week’s report determined that personal contact was not necessary to establish probable cause. This was due to several indications of the risks posed by the shooter to himself and others. Multiple reports were received from military officials and law enforcement who had contact with Card.
According to the most recent findings, “It has been long established in Maine that a police officer may determine probable cause through the collective knowledge of all law enforcement officers involved in an investigation. In this instance, there was more than sufficient probable cause for the SCSO to begin the Yellow Flag application process in September 2023.”
The commission making that determination was established by Maine Gov. Janet Mills (D). Its seven members convened in November to determine missteps and offer guidance to avert another tragedy in the future.
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