Victims' family members and survivors of the mass shooting in Lewiston that killed 18 people filed a negligence lawsuit against the United States government Wednesday for what they call "one of the most preventable mass tragedies in America."
Their complaint spells out how the Army violated its own policies and regulations multiple times by failing to stop Army Reserve Sgt. Robert Card who they knew posed a danger. And they said they want accountability for everything they've lost.
Ben Dyer of Auburn said he knows who's responsible for the Lewiston shootings at a bowling alley and a bar two years ago next month. He came face to face with shooter Robert Card that night right before Card shot him five times. He lost a finger and part of his arm and still has part of a bullet in his leg. He's one of 100 people who are bringing the suit and said he woke up this morning to read on social media that it's all about money.
"This is nothing to do with money for us. I don't care how much money there is, I'll never get my hand back. I'll never get my arm back," he said. "These people will never get their loved ones back. Money is not going to cure anything."
Speaking at a news conference, Dyer was joined by others who were affected by the mass shooting to demand accountability from the Army, the Department of Defense and Keller Army Hospital for failing to protect the public on October 25, 2023. Ben Gideon is one of the attorneys representing the group.
"What none of our clients knew at that time is that four months earlier the U.S. Army became aware that Robert Card was homicidal, that he had a hit list and that he was targeting the cornhole groups and the bowling leagues that he had frequented," he said.
Gideon said Card was discharged from a psychiatric hospital on the condition that the Army remove his weapons. That never happened. And when Card's best friend and fellow reservist warned their superiors that he thought Card was going to "snap and commit a mass shooting" six weeks before the tragedy no action was taken.
Dyer hopes the lawsuit sparks systemic changes.
"So other people don't live like we do everyday hoping for our loved ones back, being able to stand in front of people like you and talk about what's happened to us. No one should ever have to do this. No one," Dyer said.
The families first notified the federal government of their intent to sue in October of last year. By law, the government had six months to respond. Gideon said they hoped the Army might take responsibility for violating its own policies and accountability for failing to protect the community.
"But since we served our notice we have heard nothing. Not a single thing. Just silence," he said.
According to the complaint, the Army has recognized "for decades" that military service carries profound mental health risks for those who serve. It highlights nearly a dozen mass shootings carried out by current and former military personnel, many of whom experienced mental health breakdowns. One of them is the 2017 Sutherland Springs, Texas church shooting carried out by a former member of the Air Force who killed 26 people.
"Eerily similar to what happened here although what happened here I think was even worse in terms of the federal government dropping the ball," said Attorney Jamal Alsaffar.
Alsaffar represented victims and survivors of that shooting in a successful lawsuit against the federal government that resulted in a settlement of more than $144 million. In that case the Air Force failed to report the shooter's conviction for domestic violence to the national background check system which allowed him to purchase the weapon used in the shooting.
"Coming forward and holding and making sure that we hold folks accountable makes a huge difference," Alsaffar said.
The Lewiston plaintiffs say the Army understood that blast explosions can cause traumatic brain injuries that "can manifest as paranoia, aggression and violent ideation." Card was a grenade range instructor who "was exposed to thousands of low level blasts" and yet they say the Army failed to use its crisis intervention protocols and mandatory reporting system to help Card.
"We want to heal but we will never be whole."
Cynthia Young lost her husband Bill and her son Aaron in the shooting. Aaron, would have turned 16 last month.
"We trusted those in power to protect our loved ones and their inaction cost us everything," Young said.
Young and others said they want to hold the U.S. government accountable. According to the lawsuit, the mass shooting in Maine is among roughly a dozen committed by current and former military personnel since the 1990's.
"Some of us lost our loved ones. Some of us have lost the ability to feel safe or secure. But one thing we all lost was our trust in those who are responsible," Young said.
