Family members of victims of the Lewiston mass shooting are calling for legal action against the Army

Lawyers for 100 survivors and family members of victims of the Lewiston mass shooting say they have launched legal action against the Defense Department, the Army and an Army hospital for failing to stop the reservist responsible for the tragedy.

The survivors and victims’ families of the worst mass shooting in Maine’s history legally notified the United States on Tuesday of their intent to pursue claims against the Department of Defense (DoD), the Army and Keller Army Community Hospital (KACH) for negligence by failing to comply Warning signs and an explicit threat of a mass shooting from Army Reserve Sergeant Robert Card.

On the night of October 25, 2023, Card killed 18 people and injured 13 others when he carried out two mass shootings at Just-in-Time Recreation and Schemengees Bar and Grille in Lewiston. Card’s body was found in Lisbon Falls on October 27, 2023.

Attorneys say Card was allowed to remain in the community with severe, untreated mental illness and continued access to assault weapons leading up to the mass shooting.

The legal notice, delivered Tuesday, is the first step in the process by which survivors and family members of those killed will pursue civil lawsuits seeking compensation for the wrongful deaths, bodily injuries and emotional trauma caused by the mass shooting, according to lawyers.

“Today is the first step in ensuring accountability and justice for the families and victims of the worst mass shooting in Maine’s history,” said Benjamin Gideon, one of the attorneys who represented the victims.

Lawyers say the notices summarize some of the key facts uncovered so far that support their claims of negligence, including:

• Between March and July 2023, the Army became aware that Card had suffered a severe and precipitous decline in mental health, resulting in erratic and combative behavior, and pledged to take action to improve Card’s condition. The army did not act.

• The Army, KACH, and the Department of Defense knew that Card had been exposed to thousands of explosions as part of his work as a weapons and grenade instructor, but did not investigate whether the physiological damage to Card’s brain from such an explosion was a primary cause of the sudden and inexplicable outburst of Card had a mental illness or otherwise determine whether Card’s illness was caused or aggravated by the “exercise of duty,” as required by Army regulations.

• In July and August 2023, the Army and KACH determined that Card’s mental illness – including paranoia, delusions and homicidal ideation with the creation of a “hit list” – posed a serious risk to himself and others, but still allowed Card to return to the U.S. community , without the cause of his mental illness being determined or a treatment plan in place and without displaying a card under New York’s SAFE Act or Red Flag laws.

• Although Card’s doctors released him from the hospital on the condition that he no longer have access to firearms, and the Army and KACH assured his doctors that they would remove Card’s firearms, they did not do so, leaving Card in possession of numerous weapons, including the AR-10 assault rifle he used to carry out the mass shooting.

• After Card’s discharge from the hospital and his return to Maine, the Army and KACH failed to notify local Maine law enforcement authorities, inform them of Card’s recent medical history, or inform them that Card’s doctors had ordered Card to be removed to separate his firearms.

• When the Army learned in September 2023 that Card had threatened to shoot up the Saco military base and carry out a mass shooting, the Army downplayed and minimized the threat (though later acknowledged that it was serious and credible) and counseled actively enforcement actions from local legislation deter decisive action.

Lawyers say the U.S. has six months to investigate and evaluate the claims. If the U.S. denies the claims or does not respond within six months, whichever is sooner, the plaintiffs may file suit in federal court.

The 100 victims and survivors are jointly represented by four law firms: Berman & Simmons, PA (Maine), Gideon Asen LLC (Maine), Koskoff (Connecticut), and National Trial Law (Texas).

“There is pain, trauma and regret that will never go away,” said Cynthia Young, whose husband, William, and their 14-year-old son, Aaron, were both killed at the bowling alley. “As horrific as the shooting was, it is all the more tragic that there were many opportunities to prevent it and they were not used.

The independent commission investigating the mass shooting in Lewiston released its final report in August.

The commission concluded that the Sagadahoc County Sheriff’s Office had probable cause to take the guns away from Card under Maine’s yellow flag law. They also found that leaders of Card’s Army Reserve unit failed to take necessary steps to reduce the threat he posed to the public.

In July, a U.S. Army report was released on actions taken related to Card’s mental health issues.

The report cited, among other things, communication failures within the chain of command and between military and civilian hospitals. As a result, three Army reserve officers were punished for dereliction of duty following the mass shooting.

The report cited, among other things, communication failures within the chain of command and between military and civilian hospitals. As a result, three Army reserve officers were punished for dereliction of duty following the mass shooting.

The report cited, among other things, communication deficiencies within the chain of command and between military and civilian hospitals that were uncovered during an investigation.

The Army’s investigation found that Card’s family, friends and colleagues noticed a deterioration in his mental health beginning in January 2023.

“Card began hearing voices from people, often strangers but sometimes friends, family and colleagues, who he believed were ridiculing him behind his back, on social media and in his presence. While everyone he accused vehemently denied these allegations, even with multiple witnesses present, SFC Card still appeared to believe that most of his friends, family and colleagues had turned against him in cruel and inexplicable ways,” it said the army report.

According to the Army report, Card’s family reported to the Sagadahoc County Sheriff’s Office in May 2023 that his mental health was deteriorating. That information included that they believed Card had 10 to 15 rifles and/or handguns at his Bowdoin home.

Footage from July 16, 2023, captured by the CBS13 I-Team shows police officers and members of his Army Reserve unit taking Card from his military barracks to a hospital to receive treatment for mental health issues.

According to a police report, concerns about Card’s behavior stemmed from an incident the night before when he was drunk and did not allow a commanding officer to inspect his room.

A member of the unit told soldiers that in the last few months, Card had “experienced a decline in his mental health” and that he had “begun hearing others ‘bad-mouthing’ him behind his back.”

During their interview with Card himself, police officers can be heard asking Card about these interactions, and Card tells them that he is “sick” of hearing others talk behind his back. In his own words, Card told police that he was “capable” of responding to threats he had made to members of his unit.

“I hope you understand that they are so concerned about your well-being that they called us,” a police officer can be heard saying in the recordings.

“Because they are afraid. They think I’m going to do something because I’m capable of it,” Card said.

What do you mean by that?” asks the police officer.

“Nothing,” Card said.

During the more than 10-minute interview with police officers, Card talks about how he believes his unit members called him a pedophile behind his back.

According to the Army report, Card was diagnosed with a brief psychotic disorder and prescribed psychiatric medication during his 19-day stay at Four Winds Hospital in New York in July 2023. He was also recommended to undergo follow-up treatment.

“Shortly after his discharge from the hospital, SFC Card virtually stopped communicating with medical staff. He also withdrew from his social circles and rarely communicated with family, friends, colleagues or his supervisor,” the report said.

A court hearing had been scheduled to have Card involuntarily hospitalized, but it was later canceled. The map was released on August 3, 2023. Hospital staff did not want to speak to the army for this investigation. Therefore, they could not find a complete reason why Card was released from the hospital.

According to the Army report, Card communicated increasingly violent but vague threats and rhetoric to friends and family in August and September 2023. He often described how many people he could hurt with his weapons or which places he could “shoot up.”

The Army report said Card’s best friend contacted the unit’s chain of command and told them he feared Card would carry out a mass shooting at his unit or elsewhere.

The Army’s investigation found “multiple communications failures” between military and civilian hospitals and with Card’s chain of command. These communication failures compromised Card’s continuity of care.

The Army investigation recommended adverse administrative action be taken against three officers in Card’s chain of command for dereliction of duty. According to the report, the countermeasures have been completed.

The army says it will not release the names or other details of the disciplinary action taken because the officers held the rank of colonel and below.

The Army report was sent to the Forensic Psychology Department at Walter Reed for medical review and expert analysis.

A press conference on the legal action taken by the victims and family members will be held on Tuesday at 12:30 p.m. CBS13 will stream it live.