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

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 and an Army hospital 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 was aware of the reservist's mental health decline that left him paranoid, delusional and expressing homicidal ideations, producing a “hit list” of those he wanted to attack.

“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,” lawyers wrote in their notices mailed Friday.

The notices of claim by four law firms are a required step in suing the federal government. The Army will have six months to determine whether to respond, after which a lawsuit may be filed. The Army had no immediate response Tuesday.

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.

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 in a statement that 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 added.

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.

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 - 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 — 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)

NEW YORK (AP) — U.S. stocks are hanging near their records after several big banks delivered stronger profits for the summer than analysts expected, while the price of crude oil tumbled again. The S&P 500 was up 0.1% in early Tuesday trading, a day after setting an all-time high for the 46th time this year. The Dow Jones Industrial Average was down 148 points, or 0.3%, and the Nasdaq composite was up 0.2%. Bank of America and Goldman Sachs reported stronger results for the latest quarter than analysts feared. They helped offset drops for Exxon Mobil and other energy companies after crude prices tumbled more than 4%.

THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.

Wall Street was flat in premarket trading and oil prices slid again Tuesday on signs of economic weakness in China, where a lack of specifics on a stimulus package continued to drag down markets there.

Futures for the S&P 500 and the Dow Jones Industrial Average were unchanged before the opening bell as corporate earnings continue to pour in.

Troubled airplane manufacturer Boeing rose 1% after it said in regulatory filings that it could raise up to $25 billion over the next three years as it tries to steady its financial standing. Boeing filed notice under what are called “shelf registrations,” which indicate a company has the ability to raise funds, not that it necessarily will do so.

Walgreens Boots Alliance jumped 5% after the drugstore chain said it plans to close about 1,200 locations over the next three years in an attempt to turnaround its struggling U.S. business. Walgreens expects to close about 500 stores this fiscal year, which it said would boost its adjusted earnings and free cash flow.

Chipmaker Wolfspeed climbed more than 27% in off-hours trading after the Biden-Harris administration announced Tuesday that it plans to provide up to $750 million in direct funding to the company. The money will support its new silicon carbide factory in North Carolina that makes the wafers used in advanced computer chips.

UnitedHealth posted sales and profit that beat analyst expectations, but the insurer lowered the top end of its earnings-per share guidance for the year, sending shares down 3.5% before markets opened.

U.S. benchmark crude dropped $3.17, or 4.3%, to $70.66 per barrel. Brent crude, the international standard, slipped $3.08 to $74.38 per barrel.

“The oil market is on a wild ride, caught in a whirlwind of geopolitical tension, OPEC+ strategy shifts and a slowdown from its biggest customer, China,” Stephen Innes of SPI Asset Management said in a report. China’s usual growth in demand of about 600,000 barrels per day has fallen to 200,000 barrels.

Despite uncertainty over how conflict in the Middle East might affect oil supplies, “the real threat to crude isn’t war, it’s oversupply,” Innes said, noting that many oil exporters are committed to ramping up their output.

Besides oil, prices also have been falling for copper and other commodities that a healthy Chinese economy would normally devour.

Chinese shares extended losses after the government reported late Monday that growth in exports fell sharply in September, adding to signs of a sluggish economy.

The Shanghai Composite index lost 2.5% to 3,201.29, while the Hang Seng in Hong Kong gave up 3.7% to 20,318.79.

Weaker than expected data on lending and prices have undermined already fragile market sentiment that has wavered as investors await fresh details on the government plans for stimulus to help rev up the economy.

“Market participants continue to seek for clarity around fiscal stimulus support from Chinese authorities, but the lack of commitment remains a source of reservation for risk-taking in Chinese equities,” Yeap Jun Rong of IG said in a commentary.

Tokyo's Nikkei 225 index gained 0.8% to 39,910.55, while the Kospi in Seoul gained 0.4% to 2,633.45.

In Australia, the S&P/ASX 200 was up 0.8% to 8,318.40.

Germany’s DAX gained 0.3% at midday in Europe, while the CAC 40 in Paris dropped 0.9% and Britain’s FTSE 100 lost 0.4%.

Also early Tuesday, the dollar fell to 149.38 Japanese yen from 149.83 yen. The euro ticked down to $1.0903 from $1.0911.

This week will have few top-tier economic reports outside of an update Thursday on sales at U.S. retailers. That leaves the emphasis on corporate earnings reports, which will pick up the pace this week after big banks began the reporting season last week.

Later in the week will come reports from United Airlines, Netflix, American Express and Procter & Gamble.

The Charging Bull statue in New York's Financial District is shown on Tuesday, Oct. 15, 2024. (AP Photo/Peter Morgan)

FILE - People pass the entrance for the Wall Street subway station on Sept. 2, 2024, in New York. (AP Photo/Peter Morgan, File)

FILE -A passerby moves past an electronic stock board showing Japan's Nikkei 225 index and stock prices outside a securities building Friday, Oct. 11, 2024 in Tokyo. (AP Photo/Shuji Kajiyama, File)