Florida Law And Scot Peterson: What Really Happened?

Scot Peterson was a Broward County Sheriff's deputy accused of failing to respond appropriately during the 2018 Marjory Stoneman Douglas High School shooting in Parkland, Florida. He was charged with multiple counts of felony child neglect and culpable negligence for his alleged inactivity during the incident, which resulted in the deaths of 17 people. Peterson's trial and subsequent acquittal on all charges sparked debate about the legal status of policing in America and the interpretation of the term caregiver. While some commentators suggested that a guilty verdict could have set a precedent, others were skeptical. The case also attracted strong reactions from the victims' families, with some expressing disappointment over Peterson's acquittal and others calling for him to be held accountable.

Scot Peterson's charges and acquittal

Scot Peterson was a Broward County Sheriff's Office deputy sheriff during the 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida. Peterson was on the campus of the school during the shooting and was accused of remaining outside Building 12—where the shooting took place—during the attack. Eight days after the shooting, Peterson was suspended without pay and he immediately retired.

In June 2019, Peterson was arrested and charged with failing to protect the students during the shooting. He faced 11 charges, including multiple counts of neglect of a child and culpable negligence, and one count of perjury. Peterson pleaded not guilty and filed a motion to have all charges dropped, but this was denied.

In June 2023, Peterson was tried in court and, after four days of deliberations, the jury acquitted him of all charges. The prosecution had argued that, as a law enforcement officer, Peterson was legally a “caregiver” and so could be found guilty of child neglect. However, the jury did not agree that Peterson was a caregiver and so he was acquitted.

Following his acquittal, Peterson requested that the sheriff's office pay his legal fees of almost a quarter of a million dollars. This was denied by the sheriff's office, which stated that Peterson's “actions and omissions” were “a material departure” from its policies and procedures.

Peterson's legal fees

Scot Peterson, a former Broward County Sheriff's Office deputy sheriff, was involved in the events of the 2018 high school shooting at Marjory Stoneman Douglas High School in Parkland, Florida. Peterson was on-site and armed during the shooting but was accused of remaining outside Building 1200, where the shooting took place.

Following the shooting, Peterson was suspended without pay and chose to retire. He was then formally fired in June 2019 and arrested on charges of child neglect and culpable negligence related to the deaths and injuries that occurred during the shooting.

In June 2023, Peterson was acquitted of all charges. He then demanded that the sheriff's office pay his legal fees, which totalled almost $250,000. However, the sheriff's office denied his request, stating that his actions during the shooting were a "material departure" from their policies and procedures.

Peterson argued that he did not violate any policies and that he was entitled to legal representation at public expense under Florida law, as the charges against him arose from the performance of his official duties. He requested an evidentiary hearing to prove that he did not violate any policies.

The judge, Martin Fein, ruled that Peterson's request should be handled in civil court rather than criminal court. The sheriff's office also argued that Peterson failed to provide the required documentation to support his request for fees and did not file it within the required time frame.

Peterson's attorney during his criminal trial, Mark Eiglarsh, charged a rate of $650 an hour, resulting in a total fee of $170,950 for 263 hours of work. The costs of two other attorneys who previously worked on the case added almost $77,000 to the total legal fees.

While the sheriff's office refused to cover Peterson's criminal case fees, they have retained lawyers to defend him in state and federal lawsuits filed by the victims' families, alleging negligence.

Civil lawsuits against Peterson

Scot Peterson was a Broward County Sheriff's Office deputy sheriff during the 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida. Peterson was accused of remaining outside Building 12 during the shooting, and radio transmissions revealed that he instructed others to "stay at least 500 feet away" from the building.

In June 2019, Peterson was arrested and charged with failing to protect the students during the shooting. He faced multiple charges, including neglect of a child and culpable negligence, and pleaded not guilty. In June 2023, a jury acquitted him of all charges.

Despite being acquitted in the criminal case, Peterson still faced civil lawsuits filed by the victims' family members. These lawsuits were consolidated in circuit court and accused Peterson of failing to properly respond to the shooting. Peterson's attorneys argued that he did not have a legal "duty of care" and that a sovereign-immunity law shielded government employees from personal liability for on-the-job actions. However, the appeals court upheld a ruling that allowed the civil lawsuits to move forward. In July 2023, a judge approved a re-enactment of the shooting as part of the civil lawsuit against Peterson.

In addition to the civil lawsuits, Peterson has also been involved in legal proceedings regarding his legal fees. He requested that the Broward Sheriff's Office cover his legal expenses, citing Florida law that entitles law enforcement officers to legal representation at public expense if they prevail in litigation arising from their official duties. However, the sheriff's office denied his request, stating that his actions were a departure from their policies and procedures.

Peterson's defence and evidence

Scot Peterson's defense team, led by attorney Mark Eiglarsh, presented several arguments and pieces of evidence to support his case during the trial. Here is a detailed overview of Peterson's defense and evidence:

Radio Transmissions and Confusion:

Peterson's lawyer stated that Peterson believed the shooting was happening outside Building 12. This belief was based on radio transmissions that indicated a gunshot victim near the football field. According to the defense, Peterson's radio dispatches during the shooting reflected his understanding of the situation. For example, at 2:23, he radioed, "Be advised we have possible, could be firecrackers. I think we have shots fired, possible shots fired—1200 building."

Chaotic and Confusing Situation:

The defense highlighted the chaotic and confusing nature of the situation. They argued that the radio system failed during the attack, limiting what Peterson could hear from arriving deputies. BSO Deputy Arthur Perry, who testified for the defense, faced difficulties communicating due to radio issues. He stated that he "kept getting this bong, bong, bong" when trying to use his radio. The defense aimed to show that the chaos and confusion, rather than an unwillingness to respond, hindered Peterson's actions.

Testimonies Supporting Peterson's Claims:

The defense called several witnesses, including deputies, teachers, and students, who supported Peterson's claims. These witnesses testified that they also thought the gunshots were coming from elsewhere and not directly from the 1200 building. This supported Peterson's assertion that he believed the shooting was happening outside.

Failure to Follow Protocols:

The defense argued that the prosecution's claim about Peterson failing to follow active shooter protocols was not a strong enough reason to convict him of felony child neglect. They emphasized that the situation was chaotic and that Peterson did his best with the information he had. Eiglarsh, in his closing arguments, called the verdict "a victory for every law enforcement officer in this country."

Peterson's Decision-Making:

Peterson's defense team argued that his decision not to enter the building was reasonable given the information he had at the time. They claimed that he didn't have real-time intelligence and that hearing gunshots was not sufficient reason to enter without a clear understanding of the shooter's location. Eiglarsh emphasized that Peterson's actions should not be second-guessed and that he made the best decisions he could under the circumstances.

Scot Peterson's defense team presented a robust case, highlighting the complexities of the situation and the challenges faced by law enforcement during the shooting. They argued that Peterson's actions did not amount to felony child neglect and that he did not fail to provide necessary care. Ultimately, the jury acquitted Peterson on all charges.

The legal status of policing in the US

Policing in the US has a long and racially biased history, dating back to the days of slavery and slave patrols in colonial America. Post-Civil War, policing units were responsible for breaking up insurgencies and enforcing segregation under the Jim Crow laws. The civil rights movement of the 1950s and 1960s saw police on the frontline, protecting the economic interests of America and resulting in regular clashes between police and the public.

In recent years, police brutality and the Black Lives Matter movement have brought the issue of policing in the US back into the social and political spotlight, with calls for reform, defunding, or even abolition of the police.

The Evolution of Policing in the US

The first era of policing in the US (from the mid-1800s to the 1920s) was marked by political influence and a lack of professional standards, leading to rampant misconduct and corruption. The second era, from the turn of the 20th century, focused on removing political influence and professionalizing the occupation. This era saw the emergence of new technologies like cars and two-way radios, as well as more sophisticated record-keeping and suspect identification methods. However, this professionalization also created a rift between police and the public, as officers spent less time on neighborhood streets and more on an aggressive approach to crime control.

The third era, from the 1950s to the 1970s, was characterized by social unrest, protests, and marches, with regular clashes between police and minority groups. This period saw the expansion of police powers, such as the "stop-and-frisk" procedure, which further strained relationships with minority communities.

The fourth era, from the 1970s onwards, saw a spike in crime and the emergence of "tough-on-crime" policies, with a focus on aggressive police action, lengthy prison sentences, and mandatory minimum sentences. This approach, however, failed to significantly curb crime and resulted in overcrowded prisons, disproportionately affecting minority communities.

Current Landscape of Policing in the US

Today, law enforcement in the US is conducted by a multitude of agencies, including local police departments, county sheriff's offices, state troopers, and federal law enforcement agencies. As of 2024, there are more than 1,280,000 sworn law enforcement officers serving in the US, with approximately 137,000 of those working for federal agencies.

The primary functions of law enforcement agencies include investigating suspected criminal activity, temporarily detaining suspects, and referring cases to state or federal prosecutors. They are also responsible for deterring crime, maintaining public order, protecting public officials, and providing first response to emergencies.

Legal Status of Policing in the US

In terms of use of force, most states operate under the same self-defense laws as the general public, allowing for lethal force when an officer or member of the public is at risk of serious bodily harm or death. However, the use of excessive force and qualified immunity for police officers have been the subject of widespread criticism and calls for reform.

Scot Peterson Case

The case of Scot Peterson, a former Broward County sheriff's deputy, brought the issue of the legal status of policing in the US into focus. Peterson was accused of inaction during the 2018 Marjory Stoneman Douglas High School shooting in Parkland, Florida, where he remained outside the building while students and staff were shot and killed. He was charged with multiple counts of child neglect and culpable negligence but was ultimately acquitted of all charges in 2023.

The outcome of the Scot Peterson case did not set a legal precedent for the interpretation of the term "caregiver" to include police officers under certain circumstances, as some commentators had predicted. However, it sparked discussions about the legal status of policing and the accountability of law enforcement officers in the US.

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