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The independent commission created to review the Lewiston shooting released an interim report last Friday which outlines various law enforcement and military failures leading up to Robert Card II killing 18 people and injuring 13 others. This report provides an important, if initial, outline of some of the facts and failures related to the October shooting.
For example, the seven commissioners found unanimously that, in September, the Sagadahoc County Sheriff’s Office (SCSO) “had sufficient probable cause to take Robert Card Jr. into protective custody under Maine’s Yellow Flag law and to remove his firearms and that the SCSO had probable cause to believe that Mr. Card posed a likelihood of serious harm.”
The report also outlines how Card’s commander in the Army Reserve failed to relay to law enforcement the recommendations from New York mental health providers that measures be taken to “safely remove” all firearms from Card’s home and make sure that he attended follow-up appointments.
The report rightfully does not shy away from highlighting specific failures and the officials responsible for them. As Maine policymakers and the Maine public review the report and future commission work, however, they should remember that these individual failures were made possible by systemic failures and gaps. We say this not to deflect responsibility from individuals, but to make sure that attention is not diverted away from needed systemic reforms.
Take the commission’s discussion of Maine’s yellow flag law, for example.
“As reported, the Yellow Flag process may sometimes be cumbersome. A review of other Yellow Flag orders in Maine, both before and after the October 25th shootings, demonstrates that the process can and has been successfully used,” commissioners wrote. “An officer needs to have knowledge of the process, use all the resources the officer has to gather the necessary information, and have the dedication and persistence to follow through with the investigation and the process.”
It is increasingly clear, if it wasn’t already, that the yellow flag law should have been engaged in Card’s case. The fact that it wasn’t is a law enforcement failure and a communication failure, but it also highlights the need to make the process clearer and less cumbersome in order to help avoid future failures. Gov. Janet Mills’ proposal to strengthen the extreme risk protection order process and provide a protective custody option would help, and deserves support in the Legislature.
Law enforcement’s failure to engage the extreme risk protection order process also raises an unmistakable question about the limitation of a yellow flag law vs. a red flag law. The yellow flag approach is based on law enforcement officials initiating the process. But if law enforcement officials fail to do so, as they did with Card, then perhaps families should also be equipped with the ability to start this process with a judge — as they are in states with red flag laws.
Along with law enforcement, the Army Reserve also received criticism in last week’s interim report.
“The Army Reserve did not encourage law enforcement to charge Card for threatening to ‘shoot up’ the facility,” commissioners wrote. “They failed to divulge [New York mental health providers’] recommendations and concerns. They treated Card as a high risk of violence against the unit’s members, but appeared to minimize the threat he posed once they were satisfied that Card was not coming to the unit on September 16, 2023.”
These failures once again emphasize the importance of a forthcoming proposal from Sen. Susan Collins, who wants to require the military to use state yellow and red flag laws. That potential legislation is waiting on the conclusion of a current U.S. Army Inspector General review of the events preceding the Lewiston shooting.
“I want to await the final findings of the IG’s report before completing my legislation, but I do intend to introduce a bill that would require all branches of the military in a case like this to trigger a state’s yellow or red flag law, to have a judicial assessment of whether the individual poses a threat to him or herself and to others and should not have access to any kind of weapon,” Collins said in January, as reported by TV station WABI.
The need for this federal bill remains clear, and has only been reinforced by the state commission’s interim report. Army Reserve officials should have shared more information and worked with law enforcement to jumpstart the extreme risk protection order process, and all branches of the military should be required to do so moving forward.
The Lewiston commission has stressed that its investigation “is active and ongoing,” and that a final report will follow last week’s interim report. As state officials and people across Maine continue to review the findings, it is important to remember that individual failures were enabled by systemic failures that demand action.