Peterson, the cop on duty at Marjory Stoneman Douglas High School the day of the shooting massacre has been arrested by the Florida Department of Law Enforcement and charged by the Broward County State Attorney’s Office with six counts of felonious child neglect (max 15 years prison on each), one count of misdemeanor child neglect, three misdemeanor counts of culpable negligence (max 364 days jail each) and one misdemeanor count of perjury (max 364). Eleven total charges; seventeen kids murdered...So, these 11 charges...for the wounded? I don’t know, I don’t understand. I am confused by “misdemeanor child neglect.” I’ve read the goddamned statute three times and searched the statutes for some other section covering child neglect and I do not see a misdemeanor child neglect statute. There must be.
Anyway, the only evidence to support the charges (not including the perjury) that I have to go on right now is a summary by the New York Times and Miami Herald of the FDLE commissioner:
“The FDLE investigation shows former Deputy Peterson did absolutely nothing to mitigate the MSD shooting that killed 17 children, teachers and staff and injured 17 others. There can be no excuse for his complete inaction and no question that his inaction cost lives.”-Rick Swearingen, FDLE commissioner.
Anyway, the only evidence to support the charges (not including the perjury) that I have to go on right now is a summary by the New York Times and Miami Herald of the FDLE commissioner:
“The FDLE investigation shows former Deputy Peterson did absolutely nothing to mitigate the MSD shooting that killed 17 children, teachers and staff and injured 17 others. There can be no excuse for his complete inaction and no question that his inaction cost lives.”-Rick Swearingen, FDLE commissioner.
That is not going to cut it and on the facts of this case as the entire country knows them, that is not going to cut it.
I am a also puzzled—Basically, I don’t understand anything here.—by the culpable negligence and child neglect statutes (But in my snap legal judgment Peterson is not guilty of violating either statute.). Culpable negligence is only a first degree misdemeanor (max 364 days local jail), yet child neglect by culpable negligence resulting in great bodily harm—but not death—is a second degree felony. There is no more serious charge, i.e. a first degree felony, if death results. Which seems weird, but this is Florida.
Florida Statutes 784.05
(2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Florida Statutes 827.03
(1)
(e) “Neglect of a child” means:
1. A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or
2. A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.
Offenses
(2)
(b) A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statutes 784.05
(2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Florida Statutes 827.03
(1)
(e) “Neglect of a child” means:
1. A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or
2. A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.
Offenses
(2)
(b) A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
