Attorneys for 100 victims and survivors of the worst mass shooting in Maine history have taken the first step to pursue civil lawsuits over the 18 deaths, physical injuries and trauma that occurred at a bowling alley and a bar in Lewiston nearly a year ago.
They've filed notices of claim demanding accountability from the Army, the Army Reserve and Army medical providers who they said failed to stop the shooter despite multiple warnings and missteps.
In an emotional news conference at the Franco Center in Lewiston, dozens of shooting victims' family members and survivors, many wearing Lewiston Strong shirts, stood behind attorneys representing four law firms. If the Army and its partners reject their individual claims or fails to take action, the attorneys said they're prepared to file a lawsuit in federal court.
"Many of the people who are standing with us watched as their friends and their family members were shot and killed in front of them at that bowling alley and that bar," attorney Ben Gideon said.
Gideon said that in addition to the victims, others who were not there that night waited for hours to learn that someone they loved would not be coming home to them.
In their notices, the claimants said the Army and its personnel were aware for at least seven months that Army Reserve Sgt. Robert Card's mental health was in a severe decline that left him delusional with violent ideations and limited impulse control. His behavior became so alarming that his Army command ordered him to be evaluated at a military hospital which then transferred him to a private psychiatric facility. It was there that Card admitted to having a "hit list" of people he intended to kill. When it came time for his release from the hospital, Gideon said the Army failed to take necessary action that was a condition for his discharge.
"Our claim details how the Army let Robert Card return to this community without informing local law enforcement of critical details including his doctors' directive that he no longer have access to weapons," Gideon said.
The notices do not currently target the Four Winds psychiatric facility where Card was hospitalized for two weeks but attorney Travis Brennan said that could change once Card's complete medical records are received.
"We think that's gonna be critical in terms of filling in important pieces of the puzzle in terms of not only what his providers were thinking on a day-to-day basis, but their communications with the Army chain of command," Brennan said.
Over the past year, an independent commission and the Army have investigated what led up to the shooting and what went wrong. The Army inspector general's report concluded that Card was "singularly responsible for this tragedy." But Brennan said that conclusion ignores the fact that warning signs were repeatedly overlooked and that there were multiple opportunities where the Army could have intervened and did not.
That includes a lengthy test message from Card's best friend and fellow reservist, Sean Hodgson, to their command six weeks before the shooting. In it, Hodgson said Card had threatened their unit and other places. "Please," he wrote. "I believe he is going to snap and do a mass shooting."
Attorneys contend that the Army downplayed the risk Card posed and failed to take the proper steps to remove his guns or get him help.
"The Army bureaucracy failed Robert Card. The Army bureaucracy failed this state and community and it failed our clients."
The Army maintains it did nothing wrong. And Brennan said that must be challenged.
"Our clients are taking this important next step because they want accountability, they want answers and they want fair and just compensation for what happened to them," Brennan said.
One of the claimants is Liz Seal, who lost her husband, Josh Seal in the shooting. He was one of four Deaf men who were killed that night. Speaking through an interpreter, Liz said Josh was her anchor, and she's grateful their four Deaf children, ages 4 to 13, have special memories of their dad.
"I don't want this to happen to any other family," Seal said. "However, he's not here anymore, and I'm left with four children who miss their father tremendously."
Liz said Josh accomplished a lot in his 36 years. He was a certified Deaf interpreter and established a camp for Deaf and hard of hearing children. But she said he had so much more to do.
"And for those of us who are victims and survivors, the emotional and physical trauma will stay with us forever. Once justice is served, I feel maybe we can start that process of healing. But in the meantime, we're gonna stay Lewiston strong."
The Army has six months to respond to the claims.
