One year after a tragic mass shooting in Lewiston, Maine, survivors and victims’ families are taking significant legal action against the U.S. military. Lawyers representing nearly 100 claimants have announced their intent to file negligence claims against the Department of Defense, the Army, and Keller Army Community Hospital. This legal move highlights a critical question: did the military fail to act on clear warning signs that could have prevented this tragedy?
The Tragic Incident in Lewiston
On October 25, 2023, Army reservist Robert Card opened fire in a bowling alley and a bar, killing 18 people and injuring many others. Following this horrific event, it has become increasingly evident that numerous warning signs existed prior to the shooting, raising serious concerns about the military’s response to Card’s troubling behaviour.
Legal Action: A First Step Towards Justice
Lawyers, including Benjamin Gideon from Gideon Asen LLC, have emphasized that this legal action is just the beginning of holding the military accountable. They aim to establish that military and medical personnel failed to respond adequately to Card’s threats and mental health issues.
- Individual Claims: The claimants are not part of a class-action suit but are represented by four different law firms, each pursuing separate negligence claims against the military.
- Timeframe: The U.S. government has six months to investigate and evaluate the claims. If there is no action taken by then, the claimants are prepared to escalate their legal battle in federal court.
Military Missteps: A Pattern of Negligence?
Investigations following the shooting have revealed alarming lapses within the military and law enforcement. An internal report from the Army revealed that Card’s unit did not follow proper procedures after a July 2023 incident, leading to his hospitalization for psychiatric evaluation.
Key Findings:
- Warning Signs Ignored: Card exhibited severe symptoms, including psychosis and homicidal ideations. He had reportedly made a “hit list” but was still allowed access to firearms.
- Communication Failures: The military failed to share crucial information with local law enforcement, which may have prevented further escalation.
- Mental Health Oversight: Medical staff at Keller Army Community Hospital did not file a SAFE Act notice, which could have alerted authorities to potential dangers posed by Card.
The Fallout: How This Could Have Been Prevented
The circumstances surrounding the shooting raise important questions about public safety and accountability. The military and law enforcement had multiple opportunities to intervene, yet those chances were squandered.
Missed Opportunities:
- Family Warnings: Card’s family had alerted authorities about his deteriorating mental state, yet no action was taken to secure his firearms.
- Yellow Flag Law: Despite having probable cause, law enforcement did not utilise Maine’s “yellow flag” law, which allows for confiscating firearms from those deemed a threat.
- Ignoring Mental Health Recommendations: Military leaders did not heed mental health professionals’ advice to keep Card engaged in his treatment.
Seeking Justice: What’s Next?
The claimants are determined to pursue justice, highlighting the need for accountability in the wake of such devastating events. Cynthia Young, who lost her husband and son in the shooting, has gained access to Card’s mental health records to better understand the circumstances leading up to the massacre.
Public and Legal Support
The legal team plans to push for answers that the families deserve. “As terrible as the shooting was, it’s even more tragic that there were many opportunities to prevent this, and they were not taken,” Young stated, emphasizing the need for systemic changes to prevent future tragedies.
Conclusion: A Call for Accountability
The negligence claims against the U.S. military mark a critical step toward justice for the survivors and victims’ families of the Lewiston mass shooting. As investigations continue, there is a pressing need for accountability, not just for those who lost their lives but for the community that still bears the scars of this tragic event.
The situation serves as a reminder of the importance of addressing mental health concerns within military ranks and ensuring that warning signs are not ignored. Only through a thorough investigation and accountability can we hope to prevent such tragedies in the future.
