Editorial: Still no accountability for Stoneman Douglas failures

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Sun Sentinel Editorial Board, South Florida Sun-Sentinel
·5 min read
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Call it one more insult from the Broward County Sheriff’s Office to the families of the Marjory Stoneman Douglas victims.

A judge last week ruled that the agency must reinstate two officers who committed no crime on Feb. 14, 2018 but were guilty of dereliction of duty. The judge didn’t rule on the evidence. He didn’t need to because the sheriff’s office messed up. Again.

Sheriff Gregory Tony fired Sgt. Brian Miller and Deputy Joshua Stambaugh for their inaction on that terrible day. They deserved to lose their jobs.

Miller’s subordinates entered Building 1200 at the high school. Miller did not. Stambaugh, who was off-duty, responded. But he kept far away, observing through binoculars.

The union appealed, and won, because of incompetence.

Florida law requires that law enforcement investigators swear an oath, but the oath administered to sheriff’s office investigators excluded a line swearing that they had initialed the report and that the facts in it were true and accurate as far as the investigators knew. In addition, the agency waited two days too long in Miller’s case and 13 days too long in Stambaugh’s case to investigate and discipline them.

Arbitrators thus recommended reinstatement, with all back pay and benefits. Broward County Circuit Judge Keathen Frink upheld their decision. However Frink might have felt about what Miller and Stambaugh didn’t do, the judge had no choice.

Jeff Bell is president of the deputies’ union. He called Frink’s ruling “a great victory.” His comment serves as another reminder that law enforcement unions are about job protection and increased benefits, not public safety.

Broward County School Board member Lori Alhadeff lost her daughter in the shooting. After Frink’s ruling, Alhadeff said there has been “no accountability” for what happened at Stoneman Douglas. She’s right, even if there are limits on the accountability some victims’ relatives might want.

We have editorialized against the criminal prosecution of Scot Peterson, the former deputy who infamously lingered outside while the shooter fired. As Peterson’s attorneys pointed out, even the Broward County State Attorney’s Office conceded that Peterson could have not prevented the 11 killings on the first floor. And if Peterson had followed protocols, he would not have had time to reach the third floor, where six others were killed.

But Peterson did deserve to lose his job. After reporting that shots had been fired, he told other deputies not to enter the building. He stayed outside for 48 minutes.

That standard should apply to all the others who failed to respond adequately. It does not matter that a quicker response might not have prevented more killings. It matters only that the response was collectively terrible.

In Florida and most states, however, it’s very hard to fire law enforcement officers. The “Police Bill of Rights,” which the Legislature approved after lobbying by the union, makes it hard for even the most reform-minded sheriff or police chief to maintain high standards.

Daniel Oates was police chief in Miami Beach from 2013 to 2019 after holding the same job in two cities outside of Florida. Writing last year in The Washington Post, Oates explained how the process favors officers at risk of getting fired.

An officer, Oates noted, is interviewed only at the end of an investigation. In Florida, “State law guarantees him, and his lawyer, an opportunity to review every bit of evidence — every witness statement, any video, all the physical evidence — before he talks to internal affairs.

“This enables the officer to cast his actions in the best possible light — even to lie about what happened, once he knows the evidence will not disprove the lie. In subsequent arbitration, this becomes a critical tactical advantage.”

After the union seized on the technicality in the cases of Miller and Stambaugh, arbitrators ruled in their favor. The case of Edward Eason, whom Tony also fired for his inaction at Stoneman Douglas, is before an arbitrator. The same technicality almost certainly will keep him on the job.

Last September, Bell tried to duck his organization’s role in creating this biased system. “The union,” Bell said, “always gets blamed for bringing back these so-called bad people that the agency has employed, but the problem is that it is the agency that does things wrong and we point out their errors and that’s what leads these people to come back.”

Consider that Miller, Stambaugh and Eason didn’t face the possibility of criminal charges — just the loss of their job. And unless the sheriff’s office successfully appeals, which seems unlikely, they will face no accountability.

It’s been that way in Florida for decades. In 1991, two West Palm Beach officers beat an unarmed man to death. They were acquitted on second-degree murder charges. One man left the state. The other got his job back.

We acknowledge that the trail of accountability for Stoneman Douglas is long. It includes those in Congress who let the 1994 assault weapons ban lapse. It includes those in the Florida Legislature who refused to ban such weapons here. It includes those in the Broward County School District who lost track of the shooter and then lied about it. It includes those at the FBI who didn’t follow up on tips about the shooter.

The Stoneman Douglas families have seen all those bureaucracies dodge accountability. Now a bureaucratic lapse at the sheriff’s office and a rigged system have left them frustrated again.