Marjory Stoneman Douglas High School in Parkland, Florida.The general counsel of the Broward County Sheriff’s Office spoke out about an arbitrator’s “erroneous” decision in litigation stemming from the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida.
Attorney Terrence Lynch criticized the decision to reinstate Brian Miller, a sergeant at the sheriff’s office fired for remaining by his car during the shooting.
Miller is set to return to with full pay and seniority.
But Lynch said the office stands by its initial termination of Miller. He also said arbitrator Danielle Hargrove had not conducted an evidentiary hearing, nor taken witness testimony.
“The decision was based upon a technicality that we believe was wrongly decided. The arbitrator ruled on a procedural issue that BSO allegedly took too long to conduct the investigation, which is the exact opposite finding of an arbitrator that addressed this same issue in an earlier case,” Lynch said in a press release. “The Broward Sheriff’s Office is exploring all legal options to address this erroneous decision.”
The Marjory Stoneman Douglas Public Safety Commission put together a report following the Valentine’s Day massacre in which former student Nikolas Cruz gunned down 17 people and injured 17 others with an assault-style rifle.
It stated that Miller was the first officer on the scene, where he heard three or four shots. The report noted Miller slowly placed a bulletproof vest on his body, stayed behind his car, and did not use his radio to communicate with other law enforcement for about 10 minutes. When more officers arrived, Miller stood by as they went into the building, the report said.
The sheriff’s office suggested the report got it right.
“The arbitrator did not address the conduct of Sergeant Miller on the day children and adults were massacred at Marjory Stoneman Douglas High School while he stood by,” the office said in a statement. “Nowhere in the decision is he vindicated for his lack of action on that day.”
Miller was not the only person who lost his job.
Florida Gov. Ron DeSantis fired then-Sheriff Scott Israel for his handling of the mass shooting. Deputies Edward Eason, Josh Stambaugh and Scot Peterson were also fired.
However, the deputies union at the sheriff’s office disagreed with the decision to fire Miller. It said the office violated Miller’s constitutional due-process rights by wrongly firing him.
In a press conference Thursday, Miller’s attorney, Gary Lippman, said his client is prepared to address the firing on the merits.
He said, “But preliminarily, we filed the motion for summary judgment because BSO had violated his procedural rights.”
Read more:
‘There’ll Be No Sympathy’: Lawyers Discuss Defense Strategies After Mass School Shooting
Read the Documents: Deputies Outline Whereabouts in Minutes Following Parkland School Shooting
The Parkland School Shooter Will Be Wealthier Than His Defense Team. Now What?
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