Law enforcement officials on Thursday described the difficulty of enforcing the state's yellow flag law, which allows guns to be confiscated from people in mental health crisis, in testimony before an independent commission investigating mass shootings in the state. , described a cumbersome and time-consuming process. An incident in which an Army reservist killed 18 people.
Deputies said they were trained in legal gun removal procedures and were limited in what they could do when they were alerted to a reservist's deteriorating mental health.
Sagadahoc County Sheriff Joel Merry noted the difficulty of balancing public safety and individual rights.
“After a tragedy, there is always an opportunity to wonder if something more could have been done. But that analysis must always take into account the limitations placed on law enforcement by the law at the time of the incident.” Merry said.
Democratic Maine Gov. Janet Mills and state Attorney General Aaron Frey convened a commission to review the events leading up to the Oct. 25 shooting at a Lewiston bowling alley and restaurant.
Leroy Walker, whose son Joe Walker was murdered at Skimenzies Bar, said the victim's family was following the case and hoped changes would be made to prevent future tragedies. .
“I think everything they do will help us in some way and give us information,” Walker said.
“Many of us are patiently waiting to see what the commission will do with its findings and move forward.”
The commission's second public meeting Thursday focused on Saga-Hadock County lawmakers' response to warnings about the deteriorating mental health of the shooter, 40-year-old Bowdoin resident Robert Card.
Mr. Card's son and ex-wife expressed concern in May that Mr. Card was becoming paranoid and erratic, and in September, fellow reservists reported that Mr. Card was “going to open fire and commit a mass shooting.” he warned.
During that time, Card was hospitalized for two weeks due to strange behavior while a Maine-based Army Reserve unit was training in upstate New York, and Card was furious with some of his fellow reservists about his treatment. was.
Deputy Chad Carlton, who took the initial report from the family, and Sgt. Aaron Schofield, who became involved in September, both spoke about the issue of Maine's yellow flag law.
Carleton described the process as “cumbersome” and said the three requirements – protective custody, medical review and judicial review – take time.
Mr Schofield, who visited Mr Card's home for a welfare check, also had concerns about the yellow flag law.
But although he admitted he was aware of the potential dangers Card presented, he said he did not go to Card's home to invoke the provisions of the law.
In the end, he never met Card in person, the first requirement for invoking the yellow flag law, but it is widely seen by critics, including victims' lawyers, as a missed opportunity to stop the shooting.
“I couldn't get him to the front door. I can't get him to open the door. I can't kick the door in. If I had kicked the door in, it would have been against the law.” Mr Scolefield told commissioners.
Card died from a self-inflicted gunshot wound after committing the shooting.
His shooting was the deadliest in Maine history and sparks a new debate about gun rights and regulation in the state, which has one of the highest rates of gun ownership in the Northeast. This was the trigger.
Mills and Frey announced Wednesday that they have introduced legislation that would give the committee subpoena power in its investigations, a power they say they need.
The bill “will ensure the commission has the tools it needs to fully and effectively carry out its important mission of uncovering the facts of the tragedy in Lewiston,” they said in a statement.
During his opening Thursday, the sheriff pledged to be transparent and critically examine the department's response and improvements to prevent future tragedies.
He also defended officers, saying there is only so much they can do during welfare checks and they rely on family members and Army Reserve personnel to address mental health concerns without making the situation worse. .
After trying to get a welfare check in September, Scolfield said he received assurances from his family that he would be banned from using guns and that the Army offered to “simmer down” the situation.
He said he felt comfortable enough with the situation that he decided to take his leave without assigning any of his fellow MPs to follow up on the issue.
Thursday's committee meeting was chaired by former Maine Supreme Judicial Court Chief Justice Daniel Wasen.
Other members include former state chief forensic psychologist Debra Bader and former Maine district attorney Paula Silsbee.
Associated Press writer David Sharp in Portland, Maine, contributed to this report.
