The lawyer for former Broward Sheriff’s Deputy Scot Peterson continued to challenge the case against him on Thursday, asking a judge to include a jury instruction that could point jurors to a quick verdict of not guilty.
Broward Circuit Judge Martin Fein ruled against defense lawyer Mark Eiglarsh, saying his motion was a retread of last year’s motion to dismiss the case.
Peterson, 59, is charged with seven counts of child neglect with great bodily harm and other counts stemming from his alleged failure to pursue gunman Nikolas Cruz during the mass shooting at Marjory Stoneman Douglas High School in Parkland five years ago.
The neglect charges specify that Peterson, who was the school resource officer at the time, was a “caregiver” who, according to prosecutors, abdicated his responsibility by taking cover instead of taking action.
Eiglarsh wanted jurors to hear about a separate state statute that provides a definition of “caregiver” that specifically excludes law enforcement officers. Prosecutors have countered that Peterson’s role as a school resource officer makes him a caregiver.
Fein agreed with prosecutor Chris Killoran in finding that the jury should determine whether the label applies to Peterson. He said Eiglarsh will be allowed to argue his position again when the trial nears its conclusion.
Cruz is serving a life sentence for 17 counts of murder and 17 counts of attempted murder from the mass shooting.
Peterson was villified after the shooting and yielded to pressure to resign from the Sheriff’s Office. He was criminally charged in 2019. He has maintained from the start that he didn’t pursue Cruz into the school’s 1200 building, where the shootings took place, because he did not know where the gunshots were coming from.
Jury selection in the Peterson case is set to start on May 24.
Rafael Olmeda can be reached at rolmeda@sunsentinel.com or 954-356-4457. Follow him on Twitter @rolmeda.
