Law Enforcement Had Probable Cause To Take Maine Gunman Into Custody And Remove His Firearms Before Shooting, Report Says


An independent report released on Friday shed light on the events leading up to the tragic mass shooting in Lewiston, Maine, on October 25, 2023, highlighting missed opportunities by law enforcement to prevent the devastating rampage.

The report, issued by an independent commission tasked with investigating the shooting, pointed to critical failures by the Sagadahoc County Sheriff’s Office to utilize Maine’s unique “yellow flag” law, which could have potentially disarmed the gunman, Robert Card, and averted the deadly outcome.

Card, a US Army Reservist, perpetrated two shooting rampages at a bar and bowling alley, resulting in the deaths of 18 people and injuring 13 others.

The interim report revealed that law enforcement had received multiple warnings about Card’s deteriorating mental state and propensity for violence, including specific threats he made to unleash carnage. However, despite these red flags, authorities did not invoke the state’s yellow flag law, which could have enabled them to intervene and prevent the tragedy.

Maine is the only state in the country with a yellow flag law, designed to address situations where individuals exhibit signs of a mental health crisis and pose a threat to themselves or others. This law provides law enforcement with the authority to temporarily remove firearms from individuals deemed mentally unstable and likely to cause serious harm. However, in Card’s case, law enforcement failed to take decisive action, instead relying on Card’s family to manage the situation, which the report criticized as an “abdication of law enforcement’s responsibility.”

The commission’s report highlighted several missed opportunities to intervene, noting that by September 17, 2023, authorities were aware of Card’s serious mental illness, his access to multiple firearms, and his history of violent behavior. Despite this knowledge, law enforcement did not pursue criminal charges against Card or take steps to confiscate his weapons, which could have been facilitated through the yellow flag law.

Moreover, the report emphasized that law enforcement had sufficient evidence to pursue criminal assault charges against Card, which could have led to the issuance of an arrest warrant and imposed restrictions on his access to firearms. However, these opportunities were overlooked, contributing to the tragic outcome.

The commission underscored the significance of Maine’s yellow flag law in situations like Card’s, stressing that its implementation could have altered the course of events and potentially saved lives. The law provides a framework for law enforcement to intervene proactively and address imminent threats posed by individuals in crisis, thereby preventing future tragedies.

In response to the report, Governor Janet Mills and Attorney General Aaron Frey announced the formation of the independent commission to investigate the shooting and law enforcement’s response. Comprised of experts in psychiatry, psychology, and legal affairs, the commission is tasked with conducting a thorough review of the incident and making recommendations to prevent similar tragedies in the future.

The interim report’s findings underscore the need for improved coordination and utilization of existing laws to address mental health crises and prevent gun violence. Moving forward, it is essential for law enforcement agencies to prioritize early intervention and proactive measures to identify and address threats posed by individuals like Robert Card, ensuring the safety and security of communities across Maine.