Army releases internal investigation detailing failures in lead up to Lewiston shooting

An altar to honor the victims of the Lewiston mass shooting was erected for an Oct. 29 vigil at the Basilica of Saints Peter and Paul in Lewiston. (Emma Davis/Maine Morning Star)

An internal investigation by the U.S. Army released on Tuesday concluded that the Army Reserve had several procedural breakdowns and that authorities insufficiently followed protocol related to its handling of Robert Card II’s deteriorating mental health in the months before he killed 18 people in Lewiston on Oct. 25. 

The 115-page report, which is based on 3,300 pages of documents, details communication failures within the Army’s fragmented mental health system. Attorneys for the families of the victims said Tuesday afternoon they are preparing a civil lawsuit based on the new findings. 

For the first time during a press conference at the Pentagon on Monday, Lt. Gen. Jody Daniels said that some of those in Card’s unit leadership consequently faced adverse administrative actions, which have the potential to prevent their further military advancement. Daniels nor the report named the commanders, though the report noted that three had been disciplined for “dereliction of duty.”

The report echoes many of the concerns raised in the ongoing state investigation before the Independent Commission to Investigate the Facts of the Tragedy in Lewiston, including that Army authorities had an incorrect understanding of rules regarding the storage of personal weapons and lapses with Card’s continuity of care, particularly noting communication failures between military and civilian hospitals and limitations for reservists who are only in duty status for about 38 days a year and can’t be compelled to undergo treatment or surrender weapons outside of that. 

The report specifically outlines improper following of procedures by the Army Reserve’s Psychological Health Program. The program, referred to as PHP, did not adequately review Card’s medical records before it closed his case due to Card being unresponsive to outreach, the report concludes. 

Patricia Moloney, a director of PHP with the 99th Readiness Division that includes Maine, testified before the commission last week that her involvement with Card’s case was limited. Jason Rogers, who is the suicide prevention manager for the 104th Training Division in Saco, called Moloney a year ago, and though Moloney said she could not recall the particulars, told her “he had wanted assistance for the soldier and the commander,” Maloney said, referring to Card and Jeremy Reimer, Card’s commanding officer.  

Maloney testified after previously failing to appear despite a subpoena. “I was told that any communication that I received was to go to the Army,” Moloney told the commission, “and I also did not receive the subpoena from Sterling Medical,” which is the parent company for her employer, WMJ.

The report leaves outstanding questions regarding Card’s release from hospitalization less than three months before he committed the mass shooting. 

Card received in-patient care for 19 days between July 16 and Aug. 3, 2023 at Four Winds, a civilian hospital in Katonah, New York. After being diagnosed with a “Brief Psychotic Disorder,” being prescribed psychiatric medication and recommended for follow-up treatment, a court hearing to involuntarily commit Card to the facility was canceled.  

“This investigation was unable to determine the reason for SFC Card’s release due to the hospital staff declining to speak with the investigating officer,” the report reads. 

Attorneys of victims’ families announce plans for civil suit

Attorneys representing the survivors and victim families said Tuesday afternoon that they are planning to bring forth a civil lawsuit based on the failures detailed in the U.S. Army Inspector General report.

“We wanted to make sure we had the information that came out through the reports before we moved forward with any civil case,” said Ben Gideon, attorney with Gideon Asen. “The reports certainly raised some new facts and information that we need to track down and follow up on before moving forward with the case, but we’re nearing the point where we expect to move forward with something.” 

The additional evidence will guide the families’ legal team in regards to possible legal action, said Travis Brennan, another attorney for the families from Berman & Simmons.

The two attorneys focused on the distinction the report makes between the voluntary or involuntary commitment of Card for treatment, which they categorized as inaccurate. 

“The U.S. Army Reserve continues to refer to this as a voluntary commitment, and we think there’s reasons that they refer to it as a voluntary commitment, because if in fact it was an involuntary commitment that would trigger their requirements of mandatory reporting under the [National Instant Criminal Background Check] system,” Brennan said. “We think all the information that we have at this point suggests that this was not a voluntary decision on Robert Card’s behalf to go for treatment. He was directed to do that by his supervisors. Therefore it was an involuntary commitment, and this should have been reported to the NICS system and he should not have been able to purchase any further firearms and should have had his other existing firearms removed.”

The attorneys said the families are still seeking additional information, particularly why and how Card was discharged, which the report does not answer. 

“We know from our clients from the beginning that obtaining information is really important to them,” Brennan said. “Wanting to understand how this could have occurred is of critical importance. It’s also really difficult, because, as you can imagine, as more and more information comes out that highlights all the warning signs that existed and the things that could have been done to prevent this, that’s really painful to reconcile.”

Lawmakers respond

In November, members of Maine’s congressional delegation called for the Army Inspector General to conduct an independent review to more fully understand the events leading up to Oct. 25 and what can be done at the local, state, and federal levels to help prevent future tragedies. 

In a statement on Tuesday, Republican U.S. Sen. Susan Collins of Maine wrote that while the report addressed several questions, it also raised others that warrant additional inquiry, including why the court hearing to involuntarily commit Card was canceled. 

“Going forward, in my roles as Vice Chair of the Senate Appropriations Committee and Ranking Member of the Defense Subcommittee, I will be closely tracking the implementation of the recommendations contained in these reports,” Collins wrote.

Among those are recommendations to review and revise behavioral health policies, update Army leader training and expand the scope of the Army’s suicide prevention program.

Collins also reiterated her pledge to draft legislation, alongside independent Sen. Angus King of Maine, to require military services to report when a service member poses a threat to themselves or others, while still protecting Second Amendment rights. 

“We are exploring ways to advance our bill, including through the annual National Defense Authorization Act,” Collins wrote.  

U.S. Rep. Chellie Pingree also said Tuesday that she’s carefully reviewing the reports and working with her congressional colleagues to push the Department of Defense and the Army to follow their recommendations. However, she said more needs to be done to address the issue of gun violence.

“Now is the time to make real change,” Pingree said. “To save lives, Congress must reinstate an assault weapons ban, ban high-capacity magazines, enact universal background checks, require safe gun storage, and end immunity for gun manufacturers.”

This story was updated to include comment from Rep. Pingree and attorneys of the victims’ families. 

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