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Third-party review says sheriff's deputies 'acted reasonably' regarding Lewiston shooter

Three recommendations were made regarding the utilization of mental health resources by the Sagadahoc County Sheriff's Office.

BATH, Maine — A third-party review has determined Sagadahoc County sheriff's deputies "acted reasonably" when they tried to contact Lewiston mass shooter Robert Card months before the tragedy.

The 93-page review conducted by Michael Cunniff comes months after 18 people were killed and 13 people were injured in shootings at Just-In-Time Recreation and Schemengees Bar and Grille Restaurant on Oct. 25. 

Cunniff's biography on his law firm's website details his experience, saying he began his law practice in 1999 after 27 years of federal law enforcement service with the United States Drug Enforcement Administration and its predecessor agency, the United States Bureau of Narcotics and Dangerous Drugs. NEWS CENTER Maine reached out to Cunniff with a request for interview, but he declined. 

The Sagadahoc County Sheriff's Office said it initiated the independent review Nov. 3. 

Documents from the Sheriff's Office show that in May and September of 2023, members of Card's family reached out to deputies out of concern Card was a danger to himself or others and told officials they knew Card had access to weapons.

Deputies never made face-to-face contact with Card during these incidents. The independent review examines the sheriff's office's response during both circumstances. 

In May 2023, a deputy spoke with Card's ex-wife and son about his mental health deterioration, and their concerns about his access to guns. They told the deputy he had 10-15 weapons. The deputy determined Card was not an imminent threat to himself or others at the time. The family agreed to contact that deputy, Chad Carleton, if they needed more help.

Dep. Carleton also spoke with a member of Card's Army Reserve Battalion about Card's mental health. That First Sergeant, Kelvin Mote, told Carleton he would contact another Army Reserve leader to “start to figure out options to get (Mr. Card) help."

Carleton also met with Card's brother and offered to accompany him to visit Robert, but the brother declined, saying a law enforcement officer's presence could upset Card. Deputy Carleton requested that Ryan Card contact the Sheriff’s Office immediately if he concluded after meeting with Mr. Card that he (Mr. Card) posed a danger to himself or others. Ryan Card indicated that he would accommodate Deputy Carleton’s request. During his interview, Deputy Carleton stated that Ryan Card never contacted him directly to report any additional developments or new concerns about Mr. Card’s mental health.

Carleton included notes in his report that Card was mentally ill and had guns as a warning to any other officers who might interact with Card.

After Card family members and the Army Reserve representative informed Deputy Carleton that they would take steps with Mr. Card to get him professional mental health treatment, the Sagadahoc County Sheriff’s Office did not receive any additional information from Ryan Card, Army Reserve officials, or any other person about additional concerns related to the status of Mr. Card’s mental health until September 15, 2023. In addition, the Sagadahoc County Sheriff’s Office did not have any contacts with Mr. Card at any time after (or during) Deputy Carleton’s response to concerns about Mr. Card’s mental health on May 3-4, 2023.

In July, while attending Army annual training at Camp Smith in New York, Card's fellow soldiers took him to the Four Winds psychiatric hospital after he started acting erratically. His fellow soldiers believe he was paranoid. Card was released after two weeks and returned to Maine in August.

In September, another fellow Reservist texted First Sergeant Mote, warning him that Card had gotten aggressive after a trip to a casino. Those actions, his fellow soldiers say, were in response to Card thinking someone had spoken negatively about him behind his back. Mr. Card told him that he had guns and that he was going to “shoot up” the Army Reserve Center in Saco. Mr. Card also reportedly told Staff Sergeant Hodgson that First Sergeant Mote was the reason he (Mr. Card) couldn’t buy guns anymore because he (First Sergeant Mote) was involved with Mr. Card’s hospitalization in July. The Sagadahoc County Sheriff’s Office did not learn about this event until September 15, 2023.

The Army Reserve then asked Sagadahoc County deputies to perform a welfare check on Card. Another deputy, Sgt. Aaron Skolfield went to Card's house two days in a row. Sergeant Skolfield initiated a state-wide "attempt to locate" message to law enforcement, warning them of Card's  apparent paranoia and threats against the armory in Saco. Skolfield tried to make face-to-face contact with Card, but Card never answered the door or left his home.

The review says that because of the way Maine law is written, Sergeant Skolfield could not legally enter Card's home or take his guns away in these circumstances, even though there were strong indications that Card was mentally ill.

Cunniff made three recommendations for the sheriff's office following his analysis, which advise the continuation and enhancement of mental health-related training programs, continued reliance on the sheriff's office partnership with the "newly available mental health liaison resource" and development of mental health protocols, and the creation of a "multijurisdictional and multidisciplinary mental health response team" to oversee related concerns. 

Sagadahoc County Sheriff Joel Merry released a statement regarding the finalized review:

"The mass shooting on Oct. 25 in Lewiston has changed the community and our state forever. Our focus remains on supporting those who were hurt and the families and friends of those who were killed," Merry said. "At the same time, it’s critical for our agency to look objectively at our actions and make changes to help reduce the risk that something like this will happen again."

He added, "The review has found that responding deputies followed the law and their training with the information available at the time. We also understand that there are additional reviews underway of the mass shootings and our office will cooperate fully."

Last week, lawmakers including U.S. Sens. Susan Collins and Angus King and U.S. Reps. Chellie Pingree and Jared Golden called for Army investigation after meeting with families impacted by Lewiston shooting. 

Card reportedly made threats against the U.S. Army Reserve base where he trained, according to the Associated Press. A deputy went to Card's home but did not locate him or make contact. 

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