CNN

Florida officer fired for his response during Parkland shooting will get his badge back

May 15, 2020, 5:42 AM

parkland...

A general view of Marjory Stoneman Douglas High School as staff and teachers prepare for the return of students in Parkland, Florida on February 27, 2018. Florida's Marjory Stoneman Douglas high school will reopen on February 28, 2018 two weeks after 17 people were killed in a shooting by former student, Nikolas Cruz, leaving 17 people dead and 15 injured on February 14, 2018. / AFP PHOTO / RHONA WISE (Photo credit should read RHONA WISE/AFP via Getty Images)

(Photo credit should read RHONA WISE/AFP via Getty Images)

    (CNN) — One of the Florida sheriff’s deputies who was fired for his response during the 2018 Parkland school shooting will be reinstated with back pay and retain his seniority.

Sgt. Brian Miller and Scot Peterson were among the officers criticized and fired for their actions on February 14, 2018, when a gunman opened fire at Marjory Stoneman Douglas High School. The gunman killed 17 students and faculty members that day.

On Thursday, the Broward Sheriff’s Union announced in a news conference that Miller would be reinstated. He was fired on June 4, 2019 by Broward County Sheriff Gregory Tony after a report from the Marjory Stoneman Douglas Commission.

In the report, the commission said Miller arrived on the scene while shots were still being fired, according to statements he made to the commission. After arriving on scene, Miller went behind his vehicle and put on a ballistic vest. Miller did not make his first radio transmission about the shooting until approximately five minutes after arriving on scene. There is no evidence that Miller effectively “directed resources” and no evidence he directed deputies toward the gunfire he heard upon his arrival on campus, the report said.

The union says that the department violated a 180-day clause to notify Miller of his termination. He was fired two days after the 180 days expired, which is in violation of the Collective Bargaining Agreement, according to Mike Finesilver, the union’s attorney.

According to the policy manual, disciplinary action or dismissal may not be undertaken against any deputy for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within 180 days after the date the agency receives notice of the allegation by a person authorized by the agency to initiate investigation of the misconduct. Notice to the deputy must be provided within 180 days after the date the agency received notice of alleged miscount.

The arbitrator agreed the sheriff’s department violated the 180-day clause and granted the union’s motion for summary judgment, awarding Miller be reinstated. He will retain his seniority as well as back pay, the arbitrator ruled.

Miller, who was present at the news conference, did not speak to reporters.

Parents and police officials question decision

Responding to the reinstatement, Max Schachter, whose son Alex was killed in the shooting, told CNN affiliate WPLG, “He was a coward. He certainly does not deserve to get his job back, and I hope that the judge that this ruling can be overturned and changed.” Schachter also served on the commission.

Citing the findings of the commission, Ryan Petty, whose daughter Alaina Petty also died tweeted, “If Sgt. Miller has any honor, he will immediately resign. He owes it to law enforcement officers who risk their lives each and every day. HE was an absolute failure on 2/14/18.

In a statement, the General Council for the Broward County Sheriff’s Office said, “The Broward Sheriff’s Office does not agree with the arbitrator’s decision and stands by the initial termination of Sergeant Brian Miller. The arbitrator ruled on the case without conducting any evidentiary hearing whatsoever and without taking the testimony of a single witness. The decision was based upon a technicality that we believe was wrongly decided. The arbitrator ruled on a procedural issue that BSO allegedly took too long to conduct the investigation, which is the exact opposite finding of an arbitrator that addressed this same issue in an earlier case. The Broward Sheriff’s Office is exploring all legal options to address this erroneous decision.”

The Sheriff’s Office added in a statement, “The arbitrator did not address the conduct of Sergeant Miller on the day children and adults were massacred at Marjory Stoneman Douglas High School while he stood by. Nowhere in the decision is he vindicated for his lack of action on that day.”

The-CNN-Wire
™ & © 2020 Cable News Network, Inc., a WarnerMedia Company. All rights reserved.

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

CNN

Members of the Palestinian civil defense extinguish a fire in a building in the east of Rafah, the ...

Richard Roth and Tara John, CNN

US proposes a ‘temporary ceasefire’ in Gaza in draft UN resolution

The United States has proposed a United Nations Security Council resolution calling for a temporary ceasefire in Israel’s war against Hamas

2 days ago

Exercise particularly reduced risk of death for women, according to the data....

Madeline Holcombe, CNN

Women might lower their risk for cardiovascular disease by twice the amount as men with exercise

The benefits of exercise are great for everyone – but may be even better for women, according to a new study.

2 days ago

The 2024 BAFTA Film Awards are being presented on Sunday at the Royal Festival Hall in London, Engl...

Alli Rosenbloom and Thomas Page, CNN

BAFTA Awards 2024: See who won

“Oppenheimer” was a big winner at the 2024 BAFTA Film Awards, which were presented Sunday at the Royal Festival Hall.

3 days ago

Republican presidential candidate and former President Donald Trump carries a pair of his new signa...

Kate Sullivan, CNN

Trump launches sneaker line a day after judge’s order to pay nearly $355 million

Donald Trump launched a sneaker line, a day after he and his companies were ordered by a judge to pay nearly $355 million.

3 days ago

Trevor Brown, 45, a member of the Sterling Volunteer Fire Company, died in the explosion....

Christal Hayes, Paradise Afshar and Rebekah Riess, CNN

Virginia home explodes with fire crews inside, leaving firefighter dead and 13 injured, officials say

A house exploded in Virginia as fire crews were inside checking a gas leak, leaving one firefighter dead and at least 13 others injured.

3 days ago

A police officer stands inside Lakewood Church, Sunday, February 18, in Houston....

Ashley R. Williams, Jeanne Bonner and Raja Razek, CNN

Joel Osteen’s Lakewood Church resumes Sunday service one week after shooting that left 7-year-old boy injured

Services at Joel Osteen’s Lakewood Church in Houston resumed Sunday morning with a large security presence.

4 days ago

Sponsored Articles

Mother and cute toddler child in a little fancy wooden cottage, reading a book, drinking tea and en...

Visit Bear Lake

How to find the best winter lodging in Bear Lake, Utah

Winter lodging in Bear Lake can be more limited than in the summer, but with some careful planning you can easily book your next winter trip.

Happy family in winter clothing at the ski resort, winter time, watching at mountains in front of t...

Visit Bear Lake

Ski more for less: Affordable ski resorts near Bear Lake, Utah

Plan your perfect ski getaway in Bear Lake this winter, with pristine slopes, affordable tickets, and breathtaking scenery.

front of the Butch Cassidy museum with a man in a cowboy hat standing in the doorway...

Bear Lake Convention and Visitors Bureau

Looking Back: The History of Bear Lake

The history of Bear Lake is full of fascinating stories. At over 250,000 years old, the lake has seen generations of people visit its shores.

silhouette of a family looking over a lake with a bird in the top corner flying...

Bear Lake Convention and Visitors Bureau

8 Fun Activities To Do in Bear Lake Without Getting in the Water

Bear Lake offers plenty of activities for the whole family to enjoy without having to get in the water. Catch 8 of our favorite activities.

Wellsville Mountains in the spring with a pond in the foreground...

Wasatch Property Management

Advantages of Renting Over Owning a Home

Renting allows you to enjoy luxury amenities and low maintenance without the long-term commitment and responsibilities of owning a home.

Clouds over a red rock vista in Hurricane, Utah...

Wasatch Property Management

Why Southern Utah is a Retirement Paradise

Retirement in southern Utah offers plenty of cultural and recreational opportunities. Find out all that this region has to offer.

Florida officer fired for his response during Parkland shooting will get his badge back