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Survivors and relatives in Maine's deadliest shooting start the process of suing the Army

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Survivors and relatives in Maine's deadliest shooting start the process of suing the Army
News

News

Survivors and relatives in Maine's deadliest shooting start the process of suing the Army

2024-10-16 02:28 Last Updated At:02:41

LEWISTON, Maine (AP) — Lawyers for 100 survivors and relatives of victims of the deadliest shooting in Maine history have begun the formal process of suing the U.S. Army for what they say was a failure to act to stop the reservist responsible for the crime, attorneys announced Tuesday.

The individual notices of claim say the Army failed to act despite being aware of the reservist’s mental health decline that led to his hospitalization and left him paranoid, delusional and expressing homicidal ideations -- including producing a “hit list” of those he wanted to attack.

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Attorney Ben Gideon speaks at a news conference in Lewiston, Maine, on Tuesday, Oct. 15, 2024, along with victims of the 2023 Lewiston mass shooting. (AP Photo/Patrick Whittle)

Attorney Ben Gideon speaks at a news conference in Lewiston, Maine, on Tuesday, Oct. 15, 2024, along with victims of the 2023 Lewiston mass shooting. (AP Photo/Patrick Whittle)

Attorney Ben Gideon speaks at a news conference in Lewiston, Maine, on Tuesday, Oct. 15, 2024, along with victims of the 2023 Lewiston mass shooting. (AP Photo/Patrick Whittle)

Attorney Ben Gideon speaks at a news conference in Lewiston, Maine, on Tuesday, Oct. 15, 2024, along with victims of the 2023 Lewiston mass shooting. (AP Photo/Patrick Whittle)

Attorney Travis Brennan speaks at a news conference in Lewiston, Maine, on Tuesday, Oct. 15, 2024, along with victims of the 2023 Lewiston mass shooting. (AP Photo/Patrick Whittle)

Attorney Travis Brennan speaks at a news conference in Lewiston, Maine, on Tuesday, Oct. 15, 2024, along with victims of the 2023 Lewiston mass shooting. (AP Photo/Patrick Whittle)

Elizabeth Seal, wife of Lewiston mass shooting victim Joshua Seal, speaks via sign language at a news conference in Lewiston, Maine, Tuesday, Oct. 15, 2024, about legal action following the shootings. (AP Photo/Patrick Whittle)

Elizabeth Seal, wife of Lewiston mass shooting victim Joshua Seal, speaks via sign language at a news conference in Lewiston, Maine, Tuesday, Oct. 15, 2024, about legal action following the shootings. (AP Photo/Patrick Whittle)

FILE - A man photographs a make-shift memorial at the base of the Lewiston sign at Veteran's Memorial Park, Oct. 29, 2023, in Lewiston, Maine. (AP Photo/Matt York, File)

FILE - A man photographs a make-shift memorial at the base of the Lewiston sign at Veteran's Memorial Park, Oct. 29, 2023, in Lewiston, Maine. (AP Photo/Matt York, File)

FILE - A woman visits a makeshift memorial outside Sparetime Bowling Alley, the site of a mass shooting, Oct. 28, 2023, in Lewiston, Maine. (AP Photo/Robert F. Bukaty, File)

FILE - A woman visits a makeshift memorial outside Sparetime Bowling Alley, the site of a mass shooting, Oct. 28, 2023, in Lewiston, Maine. (AP Photo/Robert F. Bukaty, File)

FILE - Rain-soaked memorials for those who died in a mass shooting sit along the roadside by Schemengees Bar & Grille, Oct. 30, 2023, in Lewiston, Maine. (AP Photo/Matt York, File)

FILE - Rain-soaked memorials for those who died in a mass shooting sit along the roadside by Schemengees Bar & Grille, Oct. 30, 2023, in Lewiston, Maine. (AP Photo/Matt York, File)

FILE - Law enforcement personnel are staged in a school parking lot during a manhunt for Robert Card in the aftermath of a mass shooting in Lewiston, Maine, Oct. 27, 2023. (AP Photo/Matt Rourke, File)

FILE - Law enforcement personnel are staged in a school parking lot during a manhunt for Robert Card in the aftermath of a mass shooting in Lewiston, Maine, Oct. 27, 2023. (AP Photo/Matt Rourke, File)

FILE — In this image taken from New York State Police body camera video that was obtained by WMTW-TV 8 in Portland, Maine, New York State Police interview Army reservist Robert Card, the man responsible for Maine's deadliest mass shooting, at Camp Smith, in Cortlandt, N.Y., July 16, 2023. (WMTW-TV 8/New York State Police via AP, File)

FILE — In this image taken from New York State Police body camera video that was obtained by WMTW-TV 8 in Portland, Maine, New York State Police interview Army reservist Robert Card, the man responsible for Maine's deadliest mass shooting, at Camp Smith, in Cortlandt, N.Y., July 16, 2023. (WMTW-TV 8/New York State Police via AP, File)

FILE - Law enforcement gather outside Schemengee's Bar and Grille, Thursday, Oct. 26, 2023, in Lewiston, Maine. (AP Photo/Robert F. Bukaty, File)

FILE - Law enforcement gather outside Schemengee's Bar and Grille, Thursday, Oct. 26, 2023, in Lewiston, Maine. (AP Photo/Robert F. Bukaty, File)

“It is difficult to conceive of a case in which Army personnel could have more warning signs and opportunities to intervene to prevent a service member from committing a mass shooting than what happened in the case of Army Reservist Robert Card,” the lawyers wrote.

The notices of claim by four law firms, one of which worked with victims of the 2012 Sandy Hook, Connecticut, mass shooting, are a required step in suing the federal government. The Army will have six months to determine whether to respond, after which lawyers are poised to file a lawsuit. The Army said in a statement Tuesday that it does not comment on litigation.

Eighteen people were killed when the 40-year-old Card opened fire at two locations he'd frequented — a bowling alley and a cornhole league hosted by a bar and grill — on Oct. 25, 2023. An additional 13 people were injured. Card was found dead by suicide two days later.

Lawyers for the Lewiston victims gathered with dozens of survivors and their family members and friends on Tuesday to announce the filing. At a news conference held about 1.5 miles (2.4 kilometers) from the bar and grill, Elizabeth Seal said through a sign language interpreter that the legal action is critical for the victim's healing process. Seal's husband, Joshua Seal, was killed in the shootings.

“We need to keep the people who acted in a neglectful way accountable, because they may have been responsible for the loss of our 18 loved ones,” Seal said through the interpreter. “And for those of us who are victims and survivors, the emotional and physical trauma will stay with us forever. Once justice is served, I feel maybe we can start that process of healing."

An independent commission appointed by Maine's governor concluded that there were ample opportunities to intervene by both civilian law enforcement and the Army. For now, lawyers for victims, as well as relatives and friends who suffered loss, are focusing on the Army, not on a private hospital that treated Card or on civilian law enforcement.

The Department of Defense, U.S. Army and Army Keller Hospital “broke its promises, failed to act reasonably, violated its own polices and procedures and disregarded directives and orders,” the claim said.

In September 2023, when Card threatened to “shoot up” an armory and his friend warned of "a mass shooting,” the Army did not provide critical background about two doctors recommending that Card not have access to weapons when it requested that local law enforcement officers check on his well-being, the claims said. Card's commanding officer even downplayed the threat by undercutting the credibility of the soldier who issued the warning and by declining to share all information at his disposal, the claims said.

Cynthia Young, whose husband, William, and 14-year-old son, Aaron, were killed at the bowling alley, said the pain and trauma never go away.

“As terrible as the shooting was, it’s even more tragic that there were many opportunities to prevent this and they were not taken,” she said. “There needs to be accountability for those actions not taken that led up to the 18 souls being lost and also the loss of feeling safe and secure from the survivors of this tragic event.”

The filings said there may have been a time when mass shootings were so rare that they couldn’t be predicted, but “that has not been true in America for decades.”

“Mass shootings, like what happened in Lewiston, are an epidemic in America. Consequently, those in positions of responsibility and authority are required to appreciate the warning signs and behaviors that telegraph the risk of mass violence, take them seriously, and act to prevent their occurrence," the claims said.

Attorney Ben Gideon speaks at a news conference in Lewiston, Maine, on Tuesday, Oct. 15, 2024, along with victims of the 2023 Lewiston mass shooting. (AP Photo/Patrick Whittle)

Attorney Ben Gideon speaks at a news conference in Lewiston, Maine, on Tuesday, Oct. 15, 2024, along with victims of the 2023 Lewiston mass shooting. (AP Photo/Patrick Whittle)

Attorney Ben Gideon speaks at a news conference in Lewiston, Maine, on Tuesday, Oct. 15, 2024, along with victims of the 2023 Lewiston mass shooting. (AP Photo/Patrick Whittle)

Attorney Ben Gideon speaks at a news conference in Lewiston, Maine, on Tuesday, Oct. 15, 2024, along with victims of the 2023 Lewiston mass shooting. (AP Photo/Patrick Whittle)

Attorney Travis Brennan speaks at a news conference in Lewiston, Maine, on Tuesday, Oct. 15, 2024, along with victims of the 2023 Lewiston mass shooting. (AP Photo/Patrick Whittle)

Attorney Travis Brennan speaks at a news conference in Lewiston, Maine, on Tuesday, Oct. 15, 2024, along with victims of the 2023 Lewiston mass shooting. (AP Photo/Patrick Whittle)

Elizabeth Seal, wife of Lewiston mass shooting victim Joshua Seal, speaks via sign language at a news conference in Lewiston, Maine, Tuesday, Oct. 15, 2024, about legal action following the shootings. (AP Photo/Patrick Whittle)

Elizabeth Seal, wife of Lewiston mass shooting victim Joshua Seal, speaks via sign language at a news conference in Lewiston, Maine, Tuesday, Oct. 15, 2024, about legal action following the shootings. (AP Photo/Patrick Whittle)

FILE - A man photographs a make-shift memorial at the base of the Lewiston sign at Veteran's Memorial Park, Oct. 29, 2023, in Lewiston, Maine. (AP Photo/Matt York, File)

FILE - A man photographs a make-shift memorial at the base of the Lewiston sign at Veteran's Memorial Park, Oct. 29, 2023, in Lewiston, Maine. (AP Photo/Matt York, File)

FILE - A woman visits a makeshift memorial outside Sparetime Bowling Alley, the site of a mass shooting, Oct. 28, 2023, in Lewiston, Maine. (AP Photo/Robert F. Bukaty, File)

FILE - A woman visits a makeshift memorial outside Sparetime Bowling Alley, the site of a mass shooting, Oct. 28, 2023, in Lewiston, Maine. (AP Photo/Robert F. Bukaty, File)

FILE - Rain-soaked memorials for those who died in a mass shooting sit along the roadside by Schemengees Bar & Grille, Oct. 30, 2023, in Lewiston, Maine. (AP Photo/Matt York, File)

FILE - Rain-soaked memorials for those who died in a mass shooting sit along the roadside by Schemengees Bar & Grille, Oct. 30, 2023, in Lewiston, Maine. (AP Photo/Matt York, File)

FILE - Law enforcement personnel are staged in a school parking lot during a manhunt for Robert Card in the aftermath of a mass shooting in Lewiston, Maine, Oct. 27, 2023. (AP Photo/Matt Rourke, File)

FILE - Law enforcement personnel are staged in a school parking lot during a manhunt for Robert Card in the aftermath of a mass shooting in Lewiston, Maine, Oct. 27, 2023. (AP Photo/Matt Rourke, File)

FILE — In this image taken from New York State Police body camera video that was obtained by WMTW-TV 8 in Portland, Maine, New York State Police interview Army reservist Robert Card, the man responsible for Maine's deadliest mass shooting, at Camp Smith, in Cortlandt, N.Y., July 16, 2023. (WMTW-TV 8/New York State Police via AP, File)

FILE — In this image taken from New York State Police body camera video that was obtained by WMTW-TV 8 in Portland, Maine, New York State Police interview Army reservist Robert Card, the man responsible for Maine's deadliest mass shooting, at Camp Smith, in Cortlandt, N.Y., July 16, 2023. (WMTW-TV 8/New York State Police via AP, File)

FILE - Law enforcement gather outside Schemengee's Bar and Grille, Thursday, Oct. 26, 2023, in Lewiston, Maine. (AP Photo/Robert F. Bukaty, File)

FILE - Law enforcement gather outside Schemengee's Bar and Grille, Thursday, Oct. 26, 2023, in Lewiston, Maine. (AP Photo/Robert F. Bukaty, File)

TEL AVIV, Israel (AP) — A rocket fired from Yemen hit an area of Tel Aviv overnight, leaving 16 people slightly injured by shattered glass, the Israeli military said Saturday, days after Israeli airstrikes hit Houthi rebels who have been launching missiles in solidarity with Palestinians.

A further 14 people sustained minor injuries as they rushed to shelters when air raid sirens sounded before the projectile hit just before 4 a.m. Saturday, the military said.

The Houthi rebels issued a statement on the Telegram messaging app saying they had aimed a hypersonic ballistic missile at a military target, which they did not identify.

The attack comes less than two days after a series of Israeli airstrikes on Yemen’s Houthi rebel-held capital, Sanaa, and port city of Hodeida killed at least nine people. The Israeli strikes were in response to a Houthi attack in which a long-range missile hit an Israeli school building. The Houthis also claimed a drone strike targeting an unspecified military target in central Israel on Thursday.

The Israeli military says the Iran-backed Houthis have launched more than 200 missiles and drones during the Israel-Hamas war in Gaza. The Houthis have also been attacking shipping in the Red Sea and Gulf of Aden and say they won’t stop until there is a ceasefire in Gaza.

The Israeli strikes Thursday caused “considerable damage” to the Houthi-controlled Red Sea ports “that will lead to the immediate and significant reduction in port capacity,” U.N. spokesman Stephane Dujarric said. The port at Hodeida has been key for food shipments into Yemen in its decade-long civil war.

U.N. Secretary-General Antonio Guterres said both sides’ attacks risk further escalation in the region and undermine U.N. mediation efforts.

In the Gaza Strip on Saturday, mourners held the funerals of 19 people — 12 of them children — killed in Israeli strikes on Friday and overnight.

One of the strikes hit a residential building in the built-up Nuseirat refugee camp in central Gaza, killing at least seven Palestinians, including five children and one woman, and injuring 16 others, health officials said.

In Gaza City, another strike on a house overnight killed 12 people, including seven children and two women, according to Al-Ahli Hospital where the bodies were taken.

Mourners gathered at the hospital in Gaza City Saturday morning. Women comforted each other as they wept over the bodies before they were carried away. One man, stony-faced, cradled a tiny shroud-wrapped body in his arms as he carried it along the funeral procession.

In Al-Aqsa Hospital of Deir al Balah, white body bags containing those killed in Nuseirat were taken from the morgue and loaded onto the back of an open truck to be taken for burial.

Overall, Gaza's Health Ministry said Saturday that 21 people had been killed and 61 were wounded over the past 24 hours.

Israel faces heavy international criticism over the unprecedented levels of civilian casualties in Gaza and questions about whether it has done enough to prevent them.

Israel says it only strikes militants, and blames the Hamas militant group for civilian deaths because its fighters operate in residential areas.

More than 45,200 people have been killed and more than 107,500 wounded in the Gaza Strip since October 2023, when a Hamas attack in Israel killed about 1,200 people and triggered the devastating 14-month war in Gaza. Local health officials do not distinguish between civilians and combatants, but have said more than half of the fatalities are women and children.

The Israeli military organization dealing with humanitarian affairs for Gaza said Saturday it had led a “tactical coordinated operation” delivering thousands of food packages, flour and water to the Beit Hanoun area in the north of the Gaza Strip.

The organization, known by its acronym COGAT, said trucks from the U.N. World Food Program transported 2,000 food packages, 1,680 sacks of flour and thousands of liters of water to distribution centers in the area on Friday.

Aid groups have said previously that military operations and armed gangs have hindered their ability to distribute aid to civilians in need.

Gaza's Health Ministry issued an urgent appeal Saturday for medical and food supplies to be delivered to Kamal Adwan Hospital in Beit Lahia, near Beit Hanoun in northern Gaza, while the hospital director described dire conditions.

The ministry said in a statement that there was continuous gunfire and Israeli shelling near the hospital. “Shells have struck the third floor and the hospital’s entrances, creating a state of panic,” the ministry said.

Hospital Director Dr. Husam Abu Safiyeh said the facility was “facing severe shortages."

“Despite promises, we have not received the necessary supplies to maintain electricity, water, and oxygen systems," Abu Safiyeh said. "Our requests for essential medical supplies and staff have largely gone unmet.”

He said the World Health Organization had delivered 70 units of blood, but that the hospital requires at least 200 units to meet urgent needs. He said 72 wounded people were being treated at the hospital.

The shortages extend beyond medical necessities. “Food is very scarce, and we cannot provide meals for the wounded. We are urgently calling on anyone who can provide supplies to help us,” he said. “The staff is working around the clock, yet we cannot even provide meals for them.”

Shurafa reported from Deir al Balah, Gaza Strip. Associated Press writers Elena Becatoros in Majdal Shams, Golan Heights, contributed to this report.

Follow AP’s war coverage at https://apnews.com/hub/israel-hamas-war

Bodies of victims of an Israeli airstrike at the Nuseirat refugee camp are prepared for the funeral prayer outside the Al-Aqsa Martyrs hospital in Deir al-Balah, Gaza Strip, Saturday, Dec. 21, 2024. (AP Photo/Abdel Kareem Hana)

Bodies of victims of an Israeli airstrike at the Nuseirat refugee camp are prepared for the funeral prayer outside the Al-Aqsa Martyrs hospital in Deir al-Balah, Gaza Strip, Saturday, Dec. 21, 2024. (AP Photo/Abdel Kareem Hana)

Men pray over the bodies of victims of an Israeli airstrike at the Nuseirat refugee camp during a funeral prayer outside the Al-Aqsa Martyrs hospital in Deir al-Balah, Gaza Strip, Saturday Dec. 21, 2024. (AP Photo/Abdel Kareem Hana)

Men pray over the bodies of victims of an Israeli airstrike at the Nuseirat refugee camp during a funeral prayer outside the Al-Aqsa Martyrs hospital in Deir al-Balah, Gaza Strip, Saturday Dec. 21, 2024. (AP Photo/Abdel Kareem Hana)

Bodies of victims of an Israeli airstrike at the Nuseirat arrive at the Al-Aqsa Martyrs hospital before their funeral in Deir al-Balah, Gaza Strip, Saturday, Dec. 21, 2024. (AP Photo/Abdel Kareem Hana)

Bodies of victims of an Israeli airstrike at the Nuseirat arrive at the Al-Aqsa Martyrs hospital before their funeral in Deir al-Balah, Gaza Strip, Saturday, Dec. 21, 2024. (AP Photo/Abdel Kareem Hana)

An Israeli soldier observes the site where the missile launched from Yemen landed Jaffa district, in Tel Aviv, Israel, Saturday, Dec. 21, 2024. (AP Photo/Tomer Appelbaum)

An Israeli soldier observes the site where the missile launched from Yemen landed Jaffa district, in Tel Aviv, Israel, Saturday, Dec. 21, 2024. (AP Photo/Tomer Appelbaum)

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