Parkland Shooter: Laws Broken And Legal Consequences

On February 14, 2018, Nikolas Cruz opened fire on students and staff at Marjory Stoneman Douglas High School in Parkland, Florida, killing 17 people and injuring 17 others. Cruz, a former student at the school, fled the scene on foot and was arrested without incident approximately an hour and twenty minutes later in nearby Coral Springs. He was charged with 17 counts of premeditated murder and held without bond.

Cruz was sentenced to life imprisonment without the possibility of parole. During the trial, the prosecution sought the death penalty, but the jury could not reach a unanimous verdict.

Cruz's attack was premeditated and carefully planned. He was armed with an AR-15-style semi-automatic rifle and multiple magazines, which he had purchased legally. He also brought additional loaded magazines hidden in a backpack.

Cruz's actions resulted in the deaths of 14 students and three staff members. He fired a total of 139 shots during the shooting, which lasted for about six minutes.

In addition to the criminal charges and sentencing, Cruz faced several lawsuits from the survivors and families of the victims. In one notable case, shooting victim Anthony Borges won a settlement that granted him rights to Cruz's name, preventing Cruz from granting interviews or making any agreements with film producers or authors without Borges' permission.

Nikolas Cruz's gun ownership

Nikolas Cruz, the Parkland high school shooter, was 19 years old when he opened fire on students and staff at Marjory Stoneman Douglas High School in Parkland, Florida, killing 17 people and injuring 17 others.

Cruz had a history of behavioural issues and was eligible for special education services. He was diagnosed with attention deficit hyperactivity disorder (ADHD) and oppositional defiant disorder (ODD). He was transferred between schools six times in three years to address these problems. Cruz was also a member of the Junior Reserve Officers' Training Corps and had received multiple awards, including academic achievement for "maintaining an A grade in JROTC and Bs in other subjects".

Cruz legally purchased several firearms before the shooting, including an AR-15-style semi-automatic rifle from a Coral Springs gun store in February 2017. He passed the required background check, which looks at criminal history and whether an individual has been deemed "mentally defective" by a court. At the time of the shooting, it was legal for people as young as 18 to purchase guns from federally licensed dealers in Florida. The minimum age requirement has since been raised to 21.

In addition to the AR-15-style rifle, Cruz brought additional loaded magazines hidden in a backpack during the shooting. He was also found to be in possession of gun magazines with swastikas carved into them.

Cruz's gun ownership and his desire to kill people were reported to the FBI by a tipster close to him in January 2018, less than two months before the shooting. However, the information was not forwarded to the Miami Field Office, as required by protocol, and no investigative steps were taken.

Cruz's gun ownership and ability to carry out the shooting were influenced by several factors, including his history of behavioural issues, access to legal gun purchases, and failures in the FBI's handling of a tip-off. These factors ultimately contributed to the tragic outcome of the Parkland high school shooting.

The failure to impose the death penalty

Under Florida law, a unanimous jury verdict is required to impose the death penalty. In the case of the Parkland shooting, the jury was unable to reach a unanimous decision, resulting in a recommendation of life imprisonment without the possibility of parole. This outcome sparked an outcry from the victims' families, who felt that Cruz, who murdered 17 people and injured 17 others, deserved the death penalty.

The jury's decision was influenced by mitigating circumstances presented by the defence, including the argument that Cruz's mother's substance abuse during pregnancy had caused foetal alcohol spectrum disorder, contributing to his violent behaviour. While some jurors voted for the death penalty, others felt that Cruz's mental illness should be a factor in sparing his life.

The outcome of the Parkland shooting trial has sparked debates and discussions about the death penalty, the role of mental illness in criminal behaviour, and the rights and support for the victims and their families. It has also led to calls for changes in the law, with Florida Governor Ron DeSantis signing a bill allowing for a non-unanimous jury decision on the death penalty in certain cases.

The role of the FBI

The FBI's role in the aftermath of the Parkland shooting was primarily focused on investigating the shooter, Nikolas Cruz, and determining if any protocols were breached in the lead-up to the tragic incident.

The FBI acknowledged that it had received two separate tips related to Cruz before the shooting. The first tip came on September 25, 2017, when the FBI received an email from a person in Mississippi who reported that an unknown individual had posted on his YouTube page, using the username "Nikolas Cruz," stating their intention to become a "professional school shooter." In response, the FBI opened a “Guardian” lead and assigned it to their Jackson Field Office in Mississippi. An FBI special agent and a local task force officer interviewed the tipster, but the lead was closed on October 11, 2017, as the agent believed the true identity of the poster could not be determined.

The second tip came on January 5, 2018, when a person close to Cruz contacted the FBI's Public Access Line (PAL) to report concerns about his erratic behaviour, gun ownership, desire to kill people, and potential to conduct a school shooting. This information should have been assessed as a potential threat to life and forwarded to the FBI Miami Field Office for further investigation. However, the FBI admitted that these protocols were not followed, and no information was provided to the Miami Field Office.

The FBI Director, Christopher Wray, expressed remorse and stated his commitment to getting to the bottom of what happened. The FBI also met with the families of the victims and provided briefings to members of Congress and their staffs. They continue to work closely with state and local law partners in Florida to ensure justice is served.

In addition to their investigative role, the FBI also faced scrutiny for their handling of the tips and their failure to act on the information provided. This led to internal investigations and remedial measures, including doubling the number of special agent supervisors reviewing tips received by non-agent personnel.

The response of the Broward County Sheriff's Office

This led to the resignation of several police officers who responded to the scene, and the removal of Sheriff Scott Israel. Israel was criticised for not taking responsibility for the actions of his deputies and refusing to resign in the immediate aftermath of the shooting. He was eventually removed from his role by Governor Ron DeSantis, who replaced him with Gregory Tony.

In addition, the Broward County Sheriff's Office lost its law enforcement accreditation due to its poor handling of the shooting. The Commission for Florida Law Enforcement Accreditation voted to strip the office of its accreditation, citing its inept handling of the Parkland shooting and the 2017 shooting at Fort Lauderdale-Hollywood International Airport, which left a combined 22 people dead.

The new Broward County Sheriff, Gregory Tony, expressed disappointment at the loss of accreditation but stated that he would focus on improving the office and repairing the effects of bad leadership and negligence.

The shooter's mental health

The mental health of the Parkland shooter, Nikolas Cruz, was a significant factor in his trial. The jury's decision to recommend a life sentence for Cruz left many families of the victims shocked and emotional. The jury's decision was influenced by mitigating circumstances, including whether Cruz received proper mental health care growing up, whether he suffered from attention deficit disorder, and whether he was traumatized by witnessing the deaths of his adoptive parents.

Cruz had behavioural issues since preschool and was eligible for special education services. He was transferred between schools six times in three years to address these problems. Psychiatrists recommended an involuntary admission to a residential treatment facility for Cruz, but this did not occur. The Florida Department of Children and Families investigated him in September 2016 for Snapchat posts in which he cut his arms and said he planned to buy a gun. At this time, a school resource officer and two guidance counsellors suggested he undergo an involuntary psychiatric examination under the Baker Act. However, a mental institution did not agree with this assessment.

State investigators reported that Cruz had depression, autism, and attention deficit hyperactivity disorder (ADHD). He had a history of attempting suicide and was reported to have anger management issues. A clinical psychologist who met Cruz when he was a first-grade student, Frederick M. Kravitz, said that he treated Cruz for attention-deficit/hyperactivity disorder and oppositional defiance disorder. He also noticed that Cruz exhibited symptoms of obsessive-compulsive disorder and autism spectrum disorder.

Cruz's defence team argued that his biological mother, Brenda Woodard, used drugs and alcohol while pregnant, and that he suffered from developmental delays as a result. They also argued that his adoptive mother, Lynda Cruz, struggled to manage her two sons, who were both "very difficult" and "out of control".

The prosecution pushed back on the defence's arguments, stating that whether or not Cruz's mother smoked during pregnancy did not turn him into a mass murderer. They argued that Cruz carefully planned and carried out his attack, and that mental illness was not a mitigating factor.

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