The unprecedented trial of Scot Peterson dubbed the “Coward of Broward” for his perceived dereliction of duty in his role as a School Resource Officer at Marjory Stoneman Douglas High School, concluded this week with a hollow verdict that shocked both the defendant and the grieving parents of those murdered in the 2018 Parkland massacre.
Peterson was charged with six counts of child neglect with great bodily harm, one count of child neglect without great harm, three counts of culpable negligence and one count of perjury. In jury deliberations that lasted four days. Peterson was found not guilty on all counts, escaping a possible 100 years in prison.
What made this case so unique, and even more agonizing, was it was the first instance of an SRO being held accountable in the U.S. following a deadly mass school shooting.
Never has a police officer been charged with child neglect as a “caregiver” in the pursuance of the role of an SRO. In fact, police officers like Peterson have never been listed among caregivers. But the prosecution argued that he could not be considered a first responder who was summoned to MSD high school because he was the school’s permanent resource officer assigned to specifically protect students and staff at the Parkland, Fla. high school.
The defense created an air of doubt surrounding Peterson’s culpability, citing faulty radio communications and a lack of real-time intelligence. It also claimed that Peterson was never cowering or hiding from the killer but was simply confused by the gunshot echoes of the gunman, not being able to discern whether the shots were coming from inside or outside the school.
Max Schachter, whoseUpon hearing the verdict, Schachter, in an interview with a Tampa television station, called it “another devastating Broward County verdict,” adding that “the verdict doesn’t bring Alex back to me.” (hear Max Schachter’s podcast interview on Security DNA).
In remarks posted on his LinkedIn profile, Schachter made his feelings clear following the not-guilty verdict.
"Obviously, I am extremely disappointed with the Scott Peterson verdict. The facts of the case show he was dropped off in front of the building where the children were being murdered two minutes after the shooting started,” he wrote. “He was the only officer on campus with a gun while the defenseless were slaughtered. He knew where the shots were coming from. He could've gone in to save them, but he chose to run and hide.
“Not only was he a coward, but he instructed other officers to stay 500 feet away and not go in,” Schachter added. “Even after officers ran into the building he chose not to help or render aid to the victims. He stayed hidden behind a concrete pillar for 40 minutes and never ever went into the building. This verdict does not change my life. It will not bring Alex back to me. Even today I continue spreading Alex's message.”
Was Peterson a Caregiver?
The theme of accountability and responsibility permeated Peterson’s trial. The question of culpability of an SRO that is assigned exclusively to a particular school stretched the norms of standard police protocols according to several school security experts contacted by SecurityInfoWatch.com during the trial.
Veteran school safety and security directors and consultants like Guy Grace recognize the conundrum faced by school officials and their dependence on SROs. However, the former Director of Security and Emergency Planning for Littleton Public Schools, a suburb of Denver, with more than 37 years of experience in the field, was clear regarding his assessment of Peterson’s role at the school.
“He was a caregiver. Ethically, yes in my mind, when you take on the role of protecting students, staff and community you must protect them. I would be ashamed, and it would be hard to live with one’s self if you are truly vetted to protect people. I would also say our government, at all levels, local, state and Federal, has designated SROs as school staff,” ensuring that Peterson’s role went far beyond normal law enforcement duties, says Grace.
Grace continues that in recent conversations with school safety colleagues, along with friends and family serving in law enforcement, the take is that when selecting SRO or armed security personnel, it’s critical these personnel be carefully chosen and vetted to ensure that they would be capable of responding to an armed threat situation.
“I am going to say this from experience as a former safety official that when we deal with situations that are grievous (or could be) that fight-or-flight response or stress response will be triggered,” he says.“It does not matter how tough you perceive yourself to be. The reactions of your mind and body are always going to be different {depending on the crisis}. What helps facilitate overcoming and managing fear in grievous situations is training. The training should be done periodically covering the situations the responders might deal with. In addition, impromptu training opportunities should be pursued,” Grace stresses.
Grace also wonders how prepared and well-trained Peterson was. Did he have enough training to overcome the flight or fight response?
“Basically, one has to be constantly mentally and physically prepared. The question would be was Peterson mentally and physically prepared to respond to an active shooter response in the schoolTraining and Response Methods Change
Ron Selfhas been the Director of Safety, Security, and Risk Management for the Little Rock School District for the last seven years, and had formally been Director of Safety, Security, and Emergency Management for the Blytheville School Districtfrom 2005 to 2015. Prior to the verdict Self had wondered if the charges “would stick” with Peterson since this was the first case of its kind. But he readily admitted that “the reality is that the public will no longer sit back and let these incidents go without holding someone accountable.”Self admits that Peterson’s response to the Parkland shooting ran contrary to the current school security and law enforcement procedures.
“Prior to Columbine, the general protocol was to hold and wait on SWAT. Since that tragic day in 1999, training has evolved and general protocol now is to move towards the gunshots. The purpose of the first responder is to respond to the situation and not just sit back and wait.
“The students are our most important commodity, and we have a requirement to do what is required to protect them,” explains Self. “We simply can’t just sit back and wait; we must do something. This case should be a wake-up call to all first responders to take a hard look in the mirror and make certain they are willing to respond when needed. This is not for everyone.”
Peeling Back the Layers
One of the most respected voices on the national school safety and security scene is Dr. Kenneth Trump, the President of National School Safety and Security Services and independent school safety and security consultant for more than two decades.
“First, there is a humanistic expectation by students, parents and school staff that adult authority figures supervising their children -- especially police officers -- will act to keep kids and staff safe.
“The second level is more complex in looking at the legal duties, and whether a police officer fits under the classification of charges filed. It is certainly an unconventional charge for the context of the situation, but I suspect that it was the only option prosecutors could find that may or may not fit the fact pattern. The third level is human factors involved in officer response,” Trump says.
He asserted during the trial that Peterson’s defense team would have been within its purview to raise the issues of how the “fog of war” impacts human factors such as cognitive processing differences and their influence on how an individual may or may not respond under duress.
Mike Roche, a security consultant who spent more than two decades as a Special Agent for the U.S. Secret Service, says the jury’s decision should be respected since its members heard evidence that may not have been privy to the general public during the trial.
“I would rather focus on the courage displayed by the unarmed teachers rather than the armed deputy, who made the decision to remain outside, while innocent children were being murdered,” Roche says. “The SRO program is an essential component of school safety, as they are integrated within the school community and are an invaluable resource.“SROs throughout the country should not be negatively viewed because of the inappropriate actions by the one deputy at Parkland,” he adds. “We recently viewed the bravery of officers in Nashville responding appropriately and eliminating the school killer at the Covenant School. The tragedy at Parkland has resulted in the positive measures in passing of a number of bills in Florida that increase school safety measures and targeted funding."
The Post Mortem
There needs to be a concerted effort between law enforcement, school districts and local government to up the ante when it comes to prioritizing school safety and security, concludes Grace.
“We need to develop our interoperability with law enforcement, emergency preparedness, roles and processes, mental health and community efforts to keep schools safe. Peterson, in my mind, is an example of one of the many breakdowns in school safety interoperability,” he says.
Grace adds that he regrets the appearance of being an armchair quarterback, however, he is adamant that a serious effort needs to be made to see society fix this broken interoperability.
“I and many others do try and help, but my point is we need to unite all of the school safety stakeholders. I hate to say it, but it seems that we take three steps forward and two back quite often,” he laments. “Personally school safety is everyone’s responsibility, not just the folks like Peterson. However, he was what represented the law enforcement response at that school, and he had the responsibility to protect the staff and students at the school to the best of his ability.”
About the author: Steve Lasky is a 34-year veteran of the security industry and an award-winning journalist. He is the editorial director of the Endeavor Business Media Security Group, which includes magazines Security Technology Executive, Security Business and Locksmith Ledger International and the top-rated webportal SecurityInfoWatch.com. Steve can be reached at [email protected]