A judge has rejected a deputy's claim that he had no duty to confront the gunman during the school shooting in Parkland, Florida.
Refusing to dismiss a lawsuit filed by the parent of a victim, Broward Circuit Judge Patti Englander Henning found after a hearing Wednesday that ex-deputy Scot Peterson did have a duty to protect those inside the school where 17 people died and 17 were wounded on Feb. 14. Video and other evidence shows Peterson, the only armed officer at the school, remained outside while shots rang out.
The negligence lawsuit was filed by Andrew Pollack, whose daughter Meadow was killed. He said it made no sense for Peterson's attorneys to argue that a sworn law enforcement officer with a badge and a gun had no requirement to go inside.
FILE - In this Wednesday, Feb. 14, 2018 file photo, students are evacuated by police from Marjory Stoneman Douglas High School in Parkland, Fla., after a shooter opened fire on the campus. There were plenty of missteps in communication, security and school policy before and during the Florida high school massacre that allowed the gunman to kill 17 people. The Marjory Stoneman Douglas High School Public Safety Commission will consider proposals Wednesday, Dec. 12, 2018, and Thursday, Dec. 13, including whether to arm trained teachers who volunteer. (Mike StockerSouth Florida Sun-Sentinel via AP, File)
"Then what is he doing there?" Pollack said after the ruling. "He had a duty. I'm not going to let this go. My daughter, her death is not going to be in vain."
Peterson attorney Michael Piper said he understands that people might be offended or outraged at his client's defense, but he argued that as a matter of law, the deputy had no duty to confront the shooter. Peterson did not attend the hearing.
"There is no legal duty that can be found," Piper said. "At its very worst, Scot Peterson is accused of being a coward. That does not equate to bad faith."
Meanwhile, the Marjory Stoneman Douglas High School Public Safety Commission, which is investigating the shooting, heavily criticized the Broward school district Wednesday for not having a universal policy for calling a "Code Red" — the term for immediately locking down classrooms because an active shooter is on campus — and little training for staff and students.
Commission members meeting in Tallahassee said that contributed to no one calling a Code Red until more than three minutes after the first shots were fired. By that time, 15 people were fatally shot inside the three-story freshman building and the last two victims were in the shooter's sights. Nikolas Cruz, 20, a former student with mental health issues, has been charged with the shooting.
"I am extremely dismayed that the people around this table and behind the scenes are taking this much more seriously than Broward County," said commissioner Melissa Larkin-Skinner, the Florida chief executive officer for a mental health treatment group. "It makes me physically ill. ... I am sitting here and getting more and more pissed off by the minute."
Broward school officials did not return a call and email Wednesday seeking comment.
The commission also hammered then-security monitor Andrew Medina, who told investigators he saw Cruz entering the campus carrying a rifle bag and recognized him as the same student whom staff had previously identified as a potential school shooter. But instead of confronting Cruz or calling a Code Red, Medina radioed a security monitor inside the freshman building, investigators have said. He then drove his cart to get Peterson at the school's administration offices. Medina told investigators shortly after the shooting that he was wary of calling a "Code Red" without more certainty about what was going on.
Commissioner and Polk County Sheriff Grady Judd called Medina's failure to stop Cruz "reprehensible," but also criticized the district for laying the brunt of school security on low-paid employees who have little training.
Medina was fired in June after it was revealed he had sexually harassed two female students last year, including Pollack's daughter.
The 15-member commission, meeting Wednesday and Thursday, will present a report to Gov. Rick Scott, incoming Gov. Ron DeSantis and the Legislature by Jan. 1.
The commission includes law enforcement, education and mental health professionals, a legislator and the fathers of two slain students.
Cruz has pleaded not guilty, but his lawyers have said he would plead guilty in exchange for a life sentence. Prosecutors are seeking the death penalty.
PHOENIX (AP) — Fernando Tatis Jr. and Jake Cronenworth hit back-to-back homers, Dylan Cease pitched 6 2/3 strong innings and the San Diego Padres won their third game in a row, beating the Arizona Diamondbacks 7-1 on Friday night.
Manny Machado hit a two-run homer. Cronenworth finished with three extra-base hits, adding two doubles.
The Padres had a big offensive game on the same night they learned they might be adding another good hitter. San Diego is close to acquiring two-time batting champion Luis Arráez in a deal with the Marlins.
“I think it's great — you're always looking for more offense and a left-handed bat to balance out the lineup,” Padres manager Mike Shildt said. “But listen, nothing's official. We'll leave it at that.”
The Diamondbacks have lost 10 straight series openers after beating the Colorado Rockies on opening day.
D-backs pitcher Slade Cecconi (1-2) retired the first nine batters he faced, but ran into trouble in the fourth. Jurickson Profar walked to start the inning and Tatis launched a shot to left-center — his seventh homer of the season.
Cronenworth followed with another homer to make it 3-0 and rookie Jackson Merrill broke an 0-for-20 stretch at the plate with a one-out RBI double for a 4-0 lead.
Cronenworth had a down 2023 season, but has looked much more like the hitter who was an All-Star in 2021 and 2022 through the first month of this season. He's batting .279 with six homers and 25 RBIs.
It was Cronenworth’s second straight game with a homer. He hit a grand slam in the team’s 6-2 victory over the Reds on Wednesday.
“It's the right approach with the right swing,” Shildt said. “He's married both. He's driving the ball to all different parts of the field and not trying to do to much.”
Cecconi didn't make it out of the fifth, giving up six runs over 4 1/3 innings.
The Padres' three-homer outburst provided plenty of support for Cease (4-2), the hard-throwing right-hander who gave up just one run on three hits while striking out eight. He didn't allow a walk.
“I think my fastball command was a lot better, which is really a lot of the battle,” Cease said. “When I'm getting my fastball where it needs to go, it opens up a lot of stuff.”
Machado made it 7-0 in the fifth with a two-run homer to left center off reliever Matt Bowman. The scorched line drive came off Machado's bat at 111.7 mph.
The sliding D-backs — defending National League champions — have lost 10 of their past 15 games and fell to 14-19 for the season.
“We got beat tonight,” D-backs manager Torey Lovullo said. "We got out-managed, we got out-pitched, we got out-hit, we got out-coached. We've got to find a way to get the job done and play our type of baseball. That's the bottom line.
“We're grinding away. We're trying.”
Arizona finished with just three hits. Eugenio Suárez had an RBI single in the fifth.
TRAINER'S ROOM
Diamondbacks: Lovullo told reporters that closer Paul Sewald (oblique) and OF Alex Thomas (hamstring) could return to the active roster as soon as Tuesday against the Reds.
UP NEXT
The D-backs will throw RHP Brandon Pfaadt (1-1, 4.63 ERA) while the Padres will counter with RHP Michael King (2-3, 5.00 ERA) on Saturday night.
AP MLB: https://apnews.com/hub/mlb
Arizona Diamondbacks' Ketel Marte, left, celebrates his double as San Diego Padres shortstop Ha-Seong Kim, front right, of South Korea, and umpire Phil Cuzzi (10) look for the baseball during the first inning of a baseball game Friday, May 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
San Diego Padres starting pitcher Dylan Cease throws against the Arizona Diamondbacks during the first inning of a baseball game Friday, May 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
San Diego Padres manager Mike Shildt watches the action on the field during the second inning of a baseball game against the Arizona Diamondbacks Friday, May 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
San Diego Padres' Manny Machado (13) rounds the bases after hitting a two run home run as Arizona Diamondbacks first baseman Christian Walker, left, pauses at first base during the fifth inning of a baseball game Friday, May 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
Arizona Diamondbacks relief pitcher Matt Bowman, center, rubs up a new baseball after giving up a two-run home run to San Diego Padres' Manny Machado, left, during the fifth inning of a baseball game Friday, May 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
San Diego Padres' Manny Machado points to the sky as he rounds the bases after hitting a two-run home run against the Arizona Diamondbacks during the fifth inning of a baseball game Friday, May 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
Arizona Diamondbacks' Ketel Marte, right, slides safely into second base with a double as San Diego Padres shortstop Ha-Seong Kim, of South Korea, applies a late tag during the first inning of a baseball game Friday, May 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
San Diego Padres' Fernando Tatis Jr., right, celebrates his two-run home run against the Arizona Diamondbacks with Padres' Manny Machado (13) during the fourth inning of a baseball game Friday, May 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
