It's been one year since a gunman killed 18 people in Lewiston, Maine, and injured 13 others. No one knows if this tragedy could have been prevented, but an independent commission established to review the mass shooting found mistakes were made.
"The commission unanimously finds that there were several opportunities if taken may have changed the course of this tragedy," according to commission chair Honorable Daniel Wathen.
What started out as an ordinary fall day in our nation’s northeast tip, October 25, 2023, will forever be remembered for the tragedy it brought.
Army Reservist Robert Card Jr., opened fire at a pool hall and bowling alley, devastating an entire community.
"I was struggling to sleep. I was struggling to get past the feeling of will this ever, the pain or the thought all day, every day. It was so consuming. Will I ever be able to function in reality again?" said Justin Juray, owner of Just-In-Time Recreation.
Laws in Maine and New York, if enforced properly, would have resulted in the shooter having his guns taken away before that fateful day.
Twenty-one states and the District of Columbia have "red flag laws." They go by different names, and who can initiate the reporting process of someone who is believed to be a danger to themselves or others varies from state to state.
Ultimately, a court order can remove or bar an individual’s access to firearms. Maine is the only state in the nation that has a "yellow-flag law." Here, it's up to police to take that person into custody, order a mental health evaluation and if the doctor and police deem it necessary, they can apply for a court order to temporarily confiscate the guns.
Concerns regarding Card's mental health and safety were first raised by his son and ex-wife to a school resource officer, and then to law enforcement in May of last year, nearly six months before the worst mass shooting in Maine’s history.
Card was taken for a mental health evaluation, which led to a two-week stay.
"His Army Reserve Unit failed to exercise their authority over him and to undertake necessary steps to reduce the threat he posed to the public," said Wathen.
He said the commission also found, "Under the circumstances existing and known to the Sagadahoc County Sheriff's office in September 2023, Maine's yellow flag law authorized it to obtain a court order to remove Card's firearms."
Failures on multiple levels, according to the commission.
Changes have been made by the U.S. Army Reserve, including improving the operating procedures of its psychological health program, taking administrative action against members of Card’s chain of command and reviewing standard operating procedures to improve communication regarding behavioral or medical updates when a case is going to be closed.
The Sagadahoc County Sheriff’s Office also said it has taken steps to train officers on the process needed to implement the Yellow Flag Law, and have made the paperwork and forms easily accessible.
Sheriff Joel Merry said they have funding to hire a mental health law enforcement liaison, as well as two extra patrol deputy positions to ensure Extreme Risk Protective Orders are filed in a timely manner.