Gideon Asen Leading the Fight for the Victims of the Maine Mass Shooting

On October 25, 2023, there was a mass shooting in Lewiston, Maine, that left the city stunned and the families of the 18 people who died reeling with grief and anger. Since then, investigations made by a special commission have resulted in a report that restates what previous investigations had already revealed: the shooting could have been prevented.

The Failure of the Army Reserve to Act

The Army Reserve failed in their duty because they didn’t do more to address the Army Reservist shooter’s mental health, to communicate the risks he posed to local law enforcement, or to fulfill their promise to remove access to his firearms. 

Gideon Asen has served the U.S. Army with a detailed summary of the acts and omissions of the Army that led to the mass shooting.  

Legal Notice Served by Gideon Asen on the U.S. Army Summarizing the Acts and Omissions of the Army that Led to the Mass Shooting

Summary of Claims 

On Wednesday, October 25, 2023, Sergeant Robert Card, a member of the Army Reserve (Army) committed the worst mass shooting in Maine history.  Armed with a semi-automatic assault weapon, Card entered two community establishments in Lewiston, a bowling alley and a local bar, and opened fire on innocent men, women, and children, killing eighteen of them and wounding countless others.

Sadly, the October 25 mass shooting was preventable. For at least seven months leading to the shooting, the Army and its personnel were aware that Card’s mental health precipitously and unexplainably declined, leaving him paranoid, delusional, with violent ideations and limited impulse control. Army personnel promised local law enforcement and the Card family that they would address Card’s declining mental status but took no action until Card’s behavior escalated during a battle assembly at West Point in New York in July 2023. 

In New York, Card’s behavior became so alarming that Army command issued an order for an emergency, command-directed behavioral health evaluation (CDBHE).  Army command was aware that the hospitals at which Card was evaluated and treated found that Card reported homicidal ideation and admitted to having a “hit list” of people he intended to kill. Card’s targets were those who he perceived, in his delusional state, had wronged him, including those Card had bowled and played cornhole with at the bowling alley and bar he attacked on October 25. 

Over the seven months that Card’s mental health declined, the Army had numerous warnings and repeated opportunities to intervene to ensure that Card received proper medical treatment for his illness and that he no longer had access to weapons that he could use to carry out acts of mass killing. 

Despite these warnings, the Army failed to act. Even worse, in September 2023, after Card’s Army colleague warned of an explicit threat to commit a mass shooting, rather than taking decisive action, the Army and its personnel withheld critical information from local law enforcement, downplayed and minimized the risks, and discouraged local law enforcement from acting.

In its negligent response to the warnings and threats posed by Card, the United States, through its agencies the Department of Defense, Department of the Army, and Keller Army Community Hospital, and its employees, broke its promises, failed to act reasonably, violated its own policies and procedures, and disregarded directives and orders, including those of Card’s treating medical providers. Thus, this Form 95 notifies the United States of the October 25, 2023, mass shooting victims’ intent to pursue all available claims and remedies through a civil action brought under the applicable forum state laws and the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1).

[Click here to read the full text of the SF Form-95 Continuation Page served by Gideon Asen on behalf of our clients.]

FAQ

Where and When Did the Shooting Take Place?

Robert Card killed 18 people at a bowling alley and bar in Lewiston, Maine. The shooting occurred on October 25, 2023.

What’s the Latest Maine Mass Shooting Update?

The latest update is that Gideon Asen has served notice on the U.S. Army of our clients’ intent to pursue claims under the Federal Tort Claims Act.  To read the full notice, click here. The law requires the victims to wait for 6 months after serving this notice before they may move forward with a lawsuit. We are still within that 6 month “waiting period” as of now.