Scot Peterson In Bond Court On Marjory Stoneman Douglas High Shooting Related Charges
FORT LAUDERDALE (CBSMiami) - Former Broward Sheriff's resource officer Deputy Scot Peterson appeared in bond court Wednesday.
Peterson, who was fired from the sheriff's office on Tuesday, is charged with seven counts of child neglect, three counts of culpable negligence, and one count of perjury. The charges stem from the February 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland.
During the hearing, Broward Judge Jackie Powell set bond at $102,000. Peterson's attorney Joseph DiRuzzo tried to get that reduced.
"Your honor I do have a written motion to reduce bond and modify conditions of release if this court would be willing to entertain it at this time," he asked.
"No, I'm not going to entertain any motions this morning," replied Powell.
In a filing with Judge Scherer, DiRuzzo said, ""If there ever was a criminal defendant who qualifies to be released on his own recognizance it is Mr. Peterson."
DiRuzzo vowed to continuing fighting to reduce the bond.
"We intend to file a motion to reduce bond and motion to modify the terms of pre-trial release," said DiRuzzo. "We'll let our moving papers speak for themselves and we're confident when presented to the court they'll reduce the conditions."
DiRuzzo was also prepared to argue that Peterson was not a caregiver and cannot be prosecuted for child neglect or culpable negligence.
"We would like to challenge the probable cause determination because we do not believe that my client, in respects to the statutory violation under 827.03, that he meets the statutory definition of caregiver," said DiRuzzo.
The judge said no.
DiRuzzo had released an earlier statement addressing the caregiver issue. It read in part:
"Mr. Peterson cannot reasonably be prosecuted because he was not a "caregiver", which is defined as "a parent, adult household member, or other person responsible for a child's welfare." Indeed, the definition of "other person responsible for a child's welfare" expressly excludes law enforcement officers acting in an official capacity."
DiRuzzo also asked if his client could travel to North Caroline to retrieve his passport so it could be surrendered, which is a condition of his release on bail. Judge Powell denied that request.
In addition to surrendering his passport, when Peterson bonds out he will have to wear a monitoring device and is banned from possessing any firearms while the case is pending.
WATCH THE ENTIRE BOND COURT APPEARANCE
Peterson was the school resource officer at MSD High School during the school shooting. The investigation shows Peterson refused to investigate the source of gunshots, retreated during the active shooting while victims were being shot and directed other law enforcement who arrived on scene to remain 500 feet away from the building.
On surveillance video, Peterson can be seen taking cover while the gunman shot 34 people.
"He stood there for some 45-48 minutes and did nothing. As a law enforcement officer, despite whatever policies and procedures agencies have, we swear an oath to protect and serve. I think this says he would be held accountable if you don't do your job. You will be held accountable," said Florida Department of Law Enforcement Commissioner Rick Swearingen.
A nine-month investigation by the FDLE determined 140 bullets were fired in the building.
"(The gunman) fired his weapon approximately 75 times between the time Deputy Peterson arrived and when he stopped shooting," said Swearington.
Peterson's charges are specifically related to the deaths and injuries of the ten students and teachers on the third floor of Building 12. This is when Peterson was outside the building but did not enter.
The seven counts of child neglect are for the minors that were killed and the three misdemeanors for negligence are for the adults that were killed.
For the victims' families, the charges have been a long time coming.
"For the life of me, I cannot explain how anyone can stand behind a building for 48 minutes while innocent children and teachers are being slaughtered in this building. This was a long time coming," said Ryan Petty whose daughter was killed in the shooting.
"He needs to go to jail and he needs to serve a lifetime in prison for not going in that day and taking down the threat," said Lori Alhadeff, who also lost a daughter in the shooting.
Former MSD High students weighed in as well.
"Because of him 17 of my peers were murdered. 17. It was his job. His responsibility. And he failed us all," said Kyle Kashuv.
"I'm glad that there is accountability in some form," said David Hogg.
Peterson has apologized for his inaction and admitted his failures in a number of interviews.
"Knowing what I know today, I would have been in that building in a heartbeat," he said in an interview with NBC Today last June.
Peterson gave conflicting statements over whether he heard the shots or not as he took cover. That led to his perjury charge.
Six of the seven child neglect charges are second-degree felonies and carry a maximum penalty of 15 years in state prison. The seventh child neglect charge is a third-degree felony (because the child was not severely injured) with a maximum penalty of five years in prison. The three charges of culpable negligence are second-degree misdemeanors with a maximum penalty of 60 days in jail. The perjury charge is a first-degree misdemeanor with a maximum penalty of one year in jail.
If convicted, the 11 charges technically carry a maximum potential punishment of 96 ½ years in state prison.
