CONFIDENTIAL

AN INDEPENDENT, THIRD-PARTY REVIEW OF

THE SAGADAHOC COUNTY SHERIFF’S
OFFICE’S RESPONSE TO CONCERNS ABOUT THE
MENTAL HEALTH OF ROBERT CARD

December 8, 2023

Submitted By:

Michael A. Cunniff, Esq.

McCloskey, Mina, Cunniff & Frawley, LLC
12 City Center
Portland, ME 04101
 TABLE OF CONTENTS

Preface..................................................................................................................................1

Executive Summary .............................................................................................................3

Introduction ..........................................................................................................................5

Factual Findings ...................................................................................................................6

May 2023 .................................................................................................................6

May 3, 2023 ........................................................................................................6

May 4, 2023 ...................................................................................................... 11

July 16, 2023 – August 3, 2023 ............................................................................13

September 2023 ....................................................................................................14

September 14, 2023...........................................................................................14

September 15, 2023...........................................................................................14

September 16, 2023...........................................................................................21

September 17, 2023...........................................................................................35

October 2023.........................................................................................................36

October 18, 2023 ...............................................................................................36

October 19, 2023 ...............................................................................................36

October 25, 2023 ...............................................................................................37

October 27, 2023 ...............................................................................................37

Discussion ..........................................................................................................................38

I. What is the role of the Sagadahoc County Sheriff’s Office when

responding to calls for service involving mental health concerns and
what options are available? ..............................................................................38

A. The Backdrop ..............................................................................................38

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 B. What options does the Sagadahoc County Sheriff’s Office have
when responding to concerns about an individual’s mental health? ...........41

1. Voluntary Psychiatric Evaluation ...........................................................42

2. Emergency Involuntary Commitment ....................................................43

3. Protective Custody .................................................................................44

4. Action Under Maine’s Progressive Treatment Program .........................44

C. What are the prerequisites under Maine law for a response by the
Sagadahoc County Sheriff’s Office to a situation in which a
mentally ill person is in possession of weapons? ........................................46

II. Under the totality of the circumstances, was the response of the
Sagadahoc County Sheriff’s Office to concerns about Robert Card’s
mental health reasonable? ................................................................................51

A. Was a voluntary psychiatric evaluation of Mr. Card’s mental health

facilitated by Deputy Carleton feasible and, if not, did Deputy
Carleton possess the legal discretion to take Mr. Card into
protective custody (and, if so, to confiscate his firearms)? .........................51

Feasibility of a voluntary psychiatric evaluation ........................................51

Protective custody .......................................................................................52

Confiscation of Mr. Card’s firearms ............................................................53

Conclusion ...................................................................................................54

B. Was a voluntary psychiatric evaluation of Mr. Card’s mental health

facilitated by Sergeant Skolfield feasible and, if not, did Sergeant
Skolfield possess the legal discretion to Mr. Card into protective
custody (and, if so, to confiscate his firearms)? ..........................................54

The trajectory of Sergeant Skolfield’s response ..........................................54

Feasibility of a voluntary psychiatric evaluation ........................................68

Protective custody .......................................................................................71

Mental illness prong.............................................................................72

Likelihood of harm prong ....................................................................72

Confiscation of Mr. Card’s firearms ............................................................74

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 Conclusion ...................................................................................................76

Conclusion .............................................................................................................77

Appendix ................................................................................................................79

Exhibit 1 (Transcript of a recorded meeting between Saco PD Officer

Damon, Saco PD Officer Rossignol, and Army Reserve Captain
Reamer at 7:46 AM on September 16, 2023) ..............................................80

Exhibit 2 (Transcript of a recorded telephone conference between

SCSO Sergeant Skolfield and Army Reserve Captain Reamer at
10:46 AM on September 16, 2023) .............................................................87

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 PREFACE

Michael A. Cunniff received a B.A. (Psych.) degree cum laude from Boston College and
a Juris Doctor degree magna cum laude from Suffolk University Law School. He is a lawyer
admitted to practice law before the United States Supreme Court, the United States Court of
Appeals for the First Circuit, the United States District Court for the District of Maine, the
United States District Court for the District of Massachusetts, the Maine Supreme Judicial Court
and subordinate Maine trial courts, and the Massachusetts Supreme Judicial Court and
subordinate Massachusetts courts. Martindale-Hubbell® Peer Review Ratings™ awarded Mike a
rating of “AV Preeminent,” reflecting that legal community peers ranked him as having achieved
the highest level of professional excellence, including in the categories of legal knowledge,
analytical capabilities, judgment, communication ability, and legal experience, and as having met
very high ethical criteria.

Mr. Cunniff began his law practice, which now spans a period of more than twenty-four
years, after retiring as a Supervisory Special Agent for the United States Drug Enforcement
Administration following twenty-seven years of sophisticated federal law enforcement service in
various multi-jurisdictional and multi-disciplinary environments. Over the course of his federal
tenure, he was responsible for supporting complicated investigations and prosecutions of drug-
related organized crime activities by local, regional, national, and international groups that often
had reputations for violence and threats of violence. For more than twenty years, Mike held
federal law enforcement leadership positions, first as a Senior Special Agent and then as a
Supervisory Special Agent. As a supervisor, he was periodically assigned to conduct self-
inspections of field offices in the New England Field Division, which involved assessments of
compliance with internal controls, allocation and management of human resources, strategic and
tactical planning activities, and fulfillment of enforcement expectations.

After working in one of Maine’s largest law practices, where he served in the litigation
department and was a co-chair of the Technology, Security & Investigations Practice Group, Mr.
Cunniff was a founding partner of what is now known as McCloskey, Mina, Cunniff & Frawley,
LLC, a trial practice based in Portland. He eventually became “Of Counsel” to the law firm,
meaning, in essence, that he is a senior lawyer with a self-determined and independent caseload.
His legal work encompasses litigation of criminal, civil, and administrative matters, including
representation of employees and employers in workplace-related matters, as well as the defense
of civil rights cases filed against government employees and agencies. Because of his
combination of legal and investigative experience, employers, including governmental agencies,
have engaged him to investigate allegations of non-compliance with personnel rules and
regulations, as well as various types of purported misconduct.

Mr. Cunniff was an adjunct professor of law for four years at the University of Maine
School of Law, where he taught trial practice and sentencing law. He is an ad hoc member of a
policy review committee for an entity that develops standard operating procedures for law
enforcement agencies. Mr. Cunniff has been involved for many years in efforts to
professionalize and maintain the professionalism of criminal justice agencies, as well as judicial,
and prosecutorial institutions. He served as a Bar representative on the United States District
Court for the District of Maine’s Strategic Planning Committee, which assisted the Court in
adapting its practices to emerging trial practice concerns and otherwise facilitating the

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administration of justice in the federal forum. And he is an alumnus of a three-year term in the
Edward Thaxter Gignoux Inn of Court, an organization of judges, law professors, lawyers and
law students who meet regularly to discuss legal trends and best practices in Maine’s state and
federal courts.

Mr. Cunniff has also been participating in international rule of law initiatives sponsored
by the United States and the European Union since 2011, which has included overseas
assignments in Serbia, Kosovo, Bosnia & Herzegovina, Albania, Ukraine, Thailand (with
officials from Pakistan), and Ethiopia, where he has advised judicial and prosecutorial
institutions, as well as corresponding oversight bodies, highlighting his ability to speak truth to
power.

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 EXECUTIVE SUMMARY

This is a report of an independent, third-party review of the Sagadahoc County Sheriff’s

Office’s responses to concerns about Robert Card’s mental health in May and September 2023,
noting that Mr. Card became a suspect in the murders of 18 individuals and the wounding of
many other persons during mass shootings that happened at two locations in Lewiston on
October 25, 2023. To promote objectivity and achievement of an evidence-based conclusion, the
reviewer used a lens that was focused on the circumstances as they were known to personnel of
the Sagadahoc County Sheriff’s Office (“SCSO”) at the time that relevant events were occurring,
without using the benefit of hindsight.

SCSO Deputy Chad Carleton and SCSO Sergeant Aaron Skolfield were primarily
responsible for the SCSO’s responses to concerns about Mr. Card’s mental health over the course
of two days in May and three days September 2023, respectively. This independent, third-party
review produced the following conclusions with respect to their responses:

May 2023 response. It was not feasible under the totality of the
circumstances for Deputy Carleton to facilitate a voluntary psychiatric
evaluation of Mr. Card’s mental health status, but Deputy Carleton acted
diligently to obtain assurances from third parties (i.e., family members and
Army Reserve personnel) that Mr. Card would be guided toward a
psychiatric evaluation and treatment.

The factual findings establish that after a diligent effort to assess the
circumstances surrounding the concerns about Mr. Card’s mental health
status, Deputy Carleton reasonably concluded that he did not have the
discretion to take Mr. Card into protective custody due to insufficient
grounds for a conclusion that Mr. Card posed an imminent risk of self-harm
or harm to others, which foreclosed his discretion to initiate the process for
confiscation of Mr. Card’s firearms.

However, to promote public safety and Mr. Card’s safety, Deputy Carleton
requested that involved third parties notify the Sheriff’s Office of any future
concerns about Mr. Card, including concerns that Mr. Card would pose a
risk of harm to himself or to others. Until September 15, 2023, no such
concerns were communicated to the Sheriff’s Office.

September 2023 response. The factual findings establish that it was not
feasible under the circumstances for Sergeant Skolfield to facilitate a
voluntary psychiatric evaluation of Mr. Card’s mental health status, but he
acted diligently when encouraging Ryan Card, Mr. Card’s brother, to do so
and when offering the assistance of the Sagadahoc County Sheriff’s Office
in that regard.

The factual findings also establish that Sergeant Skolfield did not have
sufficient grounds to take Mr. Card into protective custody, which also

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 foreclosed his discretion to initiate the process for confiscation of Mr.
Card’s firearms.

After Sergeant Skolfield completed his response to the concerns about Mr.
Card’s mental health on September 17, 2023, the Sagadahoc County
Sheriff’s Office did not have any contact with Mr. Card. Similarly, no
member of the Card family and no member of the Army Reserve contacted
the Sheriff’s Office after September 17, 2023, to report new concerns about
Mr. Card’s mental health, which would have prompted an additional
response from the Sheriff’s Office.

Third-party involvement of a mental health professional, along with family and Army
Reserve oversight of Mr. Card’s mental health status, was a viable strategy from a law
enforcement agency perspective because a mental health professional would simultaneously treat
Mr. Card’s mental health condition and serve as a community caretaker. Under Maine law, for
example, mental health care professionals have a duty to warn of or to take reasonable
precautions to provide protection from violent behavior by an individual under their care who is
likely to engage in physical violence that poses a serious risk of harm to self or others, and may
discharge that duty by communicating the threat to a potential victim, notifying a law
enforcement agency, or seeking involuntary hospitalization of the individual who poses the
threat.

After an objective analysis, the reviewer concluded that the Sagadahoc County Sheriff’s
Office’s responses to concerns about Mr. Card’s mental health in May and September 2023 was
reasonable under the totality of the circumstances. Moreover, the factual findings indicate that
Sergeant Skolfield and Deputy Carleton each diligently explored the nature and extent of the
concerns about Mr. Card’s mental health and that it was reasonable for them to conclude under
the totality of the circumstances both that Mr. Card did not then pose an imminent risk of self-
harm or harm to others, that there were insufficient grounds to take Mr. Card into protective
custody or to take other actions, and that deferring the monitoring of Mr. Card’s wellbeing,
including guidance toward a mental health evaluation and treatment, to third parties while
emphasizing the availability of Sheriff’s Office resources if they should be needed thereafter,
was objectively reasonable.

In his final conclusion, the reviewer made recommendations for the enhancement of the
Sagadahoc County Sheriff’s Office capacity for responding to mental health-related situations,
including continuing (and enhancing) its emphasis on mental health-related training (including
regarding statutory options available to law enforcement officers), full implementation of the
newly established mental health liaison program, and exploring the potential for a
multijurisdictional and multidisciplinary mental health response team to overcome resource
limitations and improve the efficiency and effectiveness of response to mental health-related
situations.

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 INTRODUCTION

This is a report of an independent, third-party review of the Sagadahoc County Sheriff’s

Office’s responses to concerns about Robert Card’s mental health in May and September 2023,
noting that Mr. Card became a suspect in the murders of 18 individuals and the wounding of
many other persons during mass shootings that happened at two locations in Lewiston on
October 25, 2023. To promote objectivity and achievement of an evidence-based conclusion, the
reviewer used a lens that was focused on the circumstances as they were known to personnel of
the Sagadahoc County Sheriff’s Office at the time that relevant events were occurring, without
using the benefit of hindsight.

The report begins with factual findings establishing the totality of the circumstances
surrounding the Sheriff’s Office responses to notifications in May and September 2023 about
concerns regarding Mr. Card’s mental health, followed by a discussion of the Sheriff’s Office’s
role in responding to mental health-related situations (including the context in which such
responses are made), a description of the statutory tools available to the Sheriff’s Office when
responding to mental health-related situations, and then an analysis of the Sheriff’s Office
response to and disposition of those concerns. The reviewer’s final conclusions are reflected at
the end of the report.

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 FACTUAL FINDINGS

The reviewer consulted various reports and other documentation, and conducted
interviews, to establish the totality of circumstances surrounding the Sagadahoc County Sheriff’s
Office’s responses to concerns about Mr. Card’s mental health, which produced the factual
findings described below.

May 2023

1. May 3, 2023 (10:30:24 AM)

At 10:32 AM, Gabrielle Mathieu, a Topsham Police officer serving as the school
resource officer at Mt. Ararat High School in Topsham, telephoned the Sagadahoc
County Communications Center and requested that a deputy from the Sagadahoc County
Sheriff’s Office respond to the High School regarding an individual from Bowdoin who
had mental health issues.

The dispatcher connected Officer Mathieu with Deputy Chad Carleton using the
Center’s telephone conference system. During his telephone conference with Officer
Mathieu, Deputy Carleton learned that student Colby Card (who was nearly 18 years old
at the time and a senior at Mr. Ararat High School) and Colby’s mother (and Mr. Card’s
ex-wife), Cara Card, were in her office and wanted to discuss some concerns they had
about Robert Card (Jr.), Colby’s father and a resident of Bowdoin (a geographic area
within the jurisdiction of the Sagadahoc County Sheriff’s Office).

2. May 3, 2023 (10:37:14 AM)

At 10:37 AM, Deputy Carleton notified the Communications Center by radio that he
would be responding to the High School for a meeting with Officer Mathieu. In
addition, he asked the dispatcher to create a call for service in the County computer
system, categorizing it as a “citizen assist” matter.

At the High School, Deputy Carleton met with Colby and Cara Card in Officer
Mathieu’s office. During the meeting, Deputy Carleton assessed the situation, undertook
some follow-up steps with other family members and a representative of Mr. Card’s
Army Reserve unit, determined that there was no specific or imminent threat to any
individual or to Mr. Card himself, and, based on the assessment and assurances from
family members and the Army Reserve unit representative, determined that Mr. Card
was not at imminent risk of suicide and that there was no specific indication of a risk of
imminent harm to specific individuals or the community, determined that family
members and Army Reserve unit representatives intended to assist Mr. Card in resolving
the mental health concerns, and deferred to the family and Army Reserve plans for
intervention, treatment, and firearms-related actions in lieu of law enforcement action.

Despite the absence of a risk of suicide or imminent harm to specific individuals or the
community, Deputy Carleton flagged Mr. Card in the police computer system as
potentially armed and dangerous for officer safety purposes. Deputy Carleton also
indicated in his report that a family member informed him (Deputy Carleton) that the

6
presence of a law enforcement officer when a family member speaks to Mr. Card about
mental health concerns may escalate the discussion into a confrontation.

Deputy Carleton’s investigative response to concerns about Mr. Card’s mental health
concerns and related factual context are paraphrased below:

Conference with Colby and Cara Card

• Colby Card, Mr. Card’s son, informed Deputy Carleton that Mr. Card’s
health status was questionable. According to Colby, he noticed that at
some point in approximately January 2023 Mr. Card began claiming
that people they would encounter in public were “talking about him
(Mr. Card).” When Mr. Card made those claims, Colby noticed that
nobody would be close to them and individuals who were at a distance
were not speaking in his (Mr. Card’s) direction. Colby concluded that
Mr. Card was likely “hearing voices” or becoming paranoid. Mr.
Card, Colby told Deputy Carleton, claimed that people were making
derogatory statements about him (Mr. Card), including calling him
(Mr. Card) a pedophile.

• Two to three weeks before Colby’s meeting with Deputy Carleton,

Colby said, he (Colby) was visiting Mr. Card at his home and Mr.
Card angrily accused Colby of saying things about him (Mr. Card)
“behind his back.” According to Colby, that incident was the “latest”
example of Mr. Card being angry and acting paranoid.

• During the meeting with Colby and Ms. Card, Deputy Carleton
learned that Mr. Card was a current Army Reservist assigned to a
training unit in Saco, and that he had previously instructed soldiers on
how to use hand grenades. In his civilian life, they told Deputy
Carleton, he recently began working as a truck driver for Maine
Recycling, a company located in Lisbon. Deputy Carleton also
learned that Mr. Card was living at 1007 West Road in Bowdoin.

• Ms. Card told Deputy Carleton that she was worried about Colby
because he spends time with Mr. Card and due to what appears to be
Mr. Card’s deteriorating mental health.

• According to Ms. Card, Mr. Card had recently picked up 10 to 15

handguns and rifles from the home of his brother, Ryan Card.
According to Colby, Mr. Card “locked up” most of the firearms in his
(Mr. Card’s) bedroom but added that Mr. Card may have a firearm in
his truck. When questioned by Deputy Carleton about whether Mr.
Card’s possession of the firearms posed an imminent risk to anyone,
Colby replied that Mr. Card had not done anything threatening with
the firearms, adding that he was concerned that his father had firearms.

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• According to Ms. Card and Colby, other Card family members were
aware of Mr. Card’s mental health issues, but efforts to help Mr. Card
had been in vain because Mr. Card was “in denial.”

• Ms. Card and Colby told Deputy Carleton that they did not want Mr.
Card to learn that they had brought their concerns about Mr. Card’s
mental health to the attention of law enforcement authorities, fearing
that it would “aggravate” the situation. Moving forward, they told
Deputy Carleton, they planned to attempt to avoid contact with Mr.
Card.

During his interview, Deputy Carleton explained that he would

ordinarily contact a person with suspect mental health issues directly,
but Ms. Card and Colby adamantly opposed any direct contact
between him (Deputy Carleton) and Mr. Card. Later, Ryan Card took
the same position, meaning that he adamantly opposed Deputy
Carleton’s direct involvement with Mr. Card, fearing that it would
escalate Mr. Card.

• Deputy Carleton, Ms. Card, and Colby discussed different ways in

which Mr. Card could be approached about his mental health issues,
keeping in mind that Ms. Card and Colby wanted to remain
anonymous, and recognizing that Mr. Card had been historically
resistant to admitting that he had any mental health problems.

In the end, there was a consensus that Deputy Carleton should bring
Mr. Card’s mental health issues to the attention of the commanding
officer at his (Mr. Card’s) Army Reserve Unit with the idea that the
Army would be able to get him (Mr. Card) some help (i.e., a diagnosis
and treatment through the military health care system).

In a similar vein, Ms. Card agreed to contact Mr. Card’s sister-in-law,

who she described as a nurse and a trusted friend, for help with the
situation.

• At the conclusion of the meeting, Deputy Carleton gave Ms. Card and
Colby his business card and cellular telephone number so that they
could stay in communication, and they agreed that Ms. Card would be
the primary point of contact moving forward.

Initial Contact with Army Reserve Center Personnel

• Next, Deputy Carleton contacted the Army Reserve Center in Saco

and spoke to an administrator with a surname of Getchell in Mr.
Card’s Reserve unit, the Third Battalion 304 Training Group, and
explained his purpose in calling. Reservist Getchell identified Captain
(Jeremy) Reamer as the company commander and (Kelvin) Mote as

8
 the company’s First Sergeant, and provided contact information for
First Sergeant Mote, adding that Captain Reamer was a police officer
in New Hampshire and that First Sergeant Mote was a police officer in
Maine.

Reservist Getchell also informed Deputy Carleton that Reserve

personnel in the unit had recently developed considerable concerns for
Mr. Card, which Deputy Carleton understood related to Mr. Card’s
mental health status.

Deputy Carleton left a voicemail message for First Sergeant Mote and
requested a return call.

Follow Up Telephone Conference with Ms. Card

• After his conference with Reservist Getchell, Deputy Carleton

provided an update to Ms. Card, who told him (Deputy Carleton) that
she had spoken with Ryan Card, Mr. Card’s brother, about her
concerns. According to Ms. Card, Ryan Card told her that he did not
realize that Mr. Card had become so paranoid or that he (Mr. Card)
had been “hearing voices.” Reportedly, Ryan Card told Ms. Card that
Mr. Card had been drinking “heavily” and that on those occasions he
would become angry and rant about having to shoot someone. Ms.
Card said (to Deputy Carleton) that Ryan Card would check in on Mr.
Card later on May 3, 2023, adding that Ryan Card told her (Ms. Card)
that he was in favor of involving Mr. Card’s commanding officer (at
the Army Reserve) to get Mr. Card some help (with his mental health
issues).

Conference with Army Reserve First Sergeant Mote

• First Sergeant Mote (who, Deputy Carleton learned, was an Ellsworth

Police officer) returned Deputy Carleton’s call (on May 3, 2023), and
they spoke at length about Mr. Card’s situation. According to First
Sergeant Mote, Mr. Card had been accusing other soldiers of calling
him a sex offender, which, Deputy Carleton noted, coincided with
what Colby Card had told him (Deputy Carleton) about Mr. Card’s
behavior. First Sergeant Mote said that he had no idea that Mr. Card’s
mental health issues were “perhaps as bad as Colby [had described to
Deputy Carleton].”

• First Sergeant Mote thanked Deputy Carleton for the notification

because Mr. Card’s Army Reserve unit was scheduled to participate in
an upcoming training exercise that would involve crew-served
weapons and grenades. In addition, First Sergeant Mote informed
Deputy Carleton that he (First Sergeant Mote) would call Captain
Reamer immediately so that they could “start to figure out options to

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 get (Mr. Card) help,” referring to help from a mental health provider.
At the conclusion of the telephone conference, First Sergeant Mote
and Deputy Carleton agreed to keep each other updated on any
changes to Mr. Card’s situation.

Conference with Ryan Card

• In response to a message from Officer Mathieu, the School Resource

Officer at Mt. Ararat High School, Deputy Carleton had a lengthy
telephone conference (on May 3, 2023) with Ryan Card, Mr. Card’s
brother, concerning his (Mr. Card’s) mental health status.

• According to Ryan Card, he had not been aware that Mr. Card had
picked up the firearms from Ryan Card’s house, which was a source of
concern for him.

During his interview, Deputy Carleton said that Ryan Card had
indicated that the firearms were “family” weapons that were kept in a
gun safe at his home because the weapons were used when the Card
family did some shooting together on Ryan Card’s property.

• Ryan Card told Deputy Carleton that Mr. Card’s paranoia and anger
surfaced in February 2023 after he began using hearing aids (for the
first time). After the conference call, Deputy Carleton did some online
research and learned that it is possible that the use of hearing aids
could induce mental health symptoms, including paranoia, in some
cases. At the same rate, Deputy Carleton expressed uncertainty about
whether the apparent simultaneity of Mr. Card’s hearing aid
installation and the onset of anger and paranoia was mere coincidence.

Out of an abundance of caution, Deputy Carleton left a voicemail

message for First Sergeant Mote after his conversation with Ryan Card
describing the research he had done about the potential that hearing
aids could impact a user’s mental health and highlighting the
information from Ryan Card indicating that Mr. Card’s mental health
changes coincided with his hearing aid use.

• Deputy Carleton advised Ryan Card that he had notified Army

Reserve command staff about the mental health concerns involving
Mr. Card, and they discussed a strategy to get Mr. Card some help with
his mental health.

Deputy Carleton said during his interview that Ryan Card had told him
that he (Ryan Card, a military combat veteran) did not want Mr. Card’s
Army Reserve career to be destroyed by his mental health issues,
perhaps inferring that the Army Reserve may be able to help him (Mr.
Card). It was clear to Deputy Carleton that Ryan Card and the rest of

10
 the Card family wanted Mr. Card to get professional help with his
mental health issues.

• Ryan Card told Deputy Carleton that Mr. Card had informed him
(Ryan Card) via a text message exchange that occurred prior to his
(Ryan Card’s) conference with Deputy Carleton that he (Mr. Card)
intended to hire a lawyer to “deal with the people accusing [Mr. Card]
of being a pedophile,” indicating that Mr. Card would rely on legal
means, not aggression, to resolve his (Mr. Card’s) belief that people
were saying derogatory things about him.

• Ryan Card also said that he intended to telephone his father (Robert
Card, Sr.) and seek some advice (about how to deal with Mr. Card’s
mental health issues).

• Deputy Carleton volunteered to accompany Ryan Card when he

speaks to Mr. Card, but he (Ryan Card) declined the offer, explaining
that he (Ryan Card) believed that the presence of a police officer “may
exacerbate the conversation” (i.e., escalate Mr. Card). He (Ryan Card)
agreed to keep Deputy Carleton posted on any developments regarding
Mr. Card.

Deputy Carleton requested that Ryan Card contact the Sheriff’s

Office immediately if he concluded after meeting with Mr. Card
that he (Mr. Card) posed a danger to himself or others. Ryan
Card indicated that he would accommodate Deputy Carleton’s
request.

During his interview, Deputy Carleton stated that Ryan Card never
contacted him directly to report any additional developments or new
concerns about Mr. Card’s mental health.

3. May 4, 2023

On May 4, 2023, Deputy Carleton telephoned Ms. Card to determine whether she had
any updates on Mr. Card’s situation, and he documented the conversation in an incident
report. Somewhat paraphrased, Deputy Carleton gained the following information
during his telephone conference with Ms. Card:

Telephone Conference with Ms. Card

• Ms. Card told Deputy Carleton that Ryan Card (Mr. Card’s brother)
and Nicole Card (Mr. Card’s sister-in-law, or sister, a nurse) had
visited Mr. Card for about 90 minutes on May 3, 2023.

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 • According to what Ms. Card learned from Ryan Card and Nicole, Mr.
Card answered the door at his home with a gun, explaining that he
believed that there were people outside “casing” his house.

• Even though Mr. Card answered the door while possessing a firearm,
(according to Ryan Card, as relayed to Deputy Carleton) the
conversation with Mr. Card went very well, and Mr. Card agreed to
see a doctor about the paranoia and voices that he had been hearing.

• Ms. Card told Deputy Carleton that Nicole Card, the nurse, had also
done some research about potential correlations between hearing aids
and the onset of mental health issues, and that she (Nicole Card) had
concluded that there was a “likely” connection between Mr. Card’s use
of hearing aids and his mental health issues.

• Ms. Card asked Deputy Carleton to contact the command staff at Mr.
Card’s Army Reserve unit and provide the unit with an update (about
what the family had learned). In addition, Ms. Card asked him
(Deputy Carleton) to ask the Army Reserve command staff not to
disclose the Card family’s and the Sagadahoc County Sheriff’s Office
involvement in the Army’s decision to approach him about his mental
health issues. Deputy Carleton agreed to relay the family’s requests to
the Army Reserve command staff.

• Ms. Card assured Deputy Carleton that Ryan Card and Nicole Card
were going to ensure that Mr. Card met with a doctor regarding his
mental health issues.

Deputy Carleton asked Ms. Card to keep him posted on any changes in
Mr. Card’s mental health situation.

During his interview, Deputy Carleton said that, although he did not
submit a supplemental report in that regard, that Ms. Card informed
him in a subsequent telephone call that a doctor’s appointment had
been scheduled, or that a doctor’s appointment was in the process of
being scheduled, for Mr. Card.

Second Conference with First Sergeant Mote. After his telephone conference with
Ms. Card, Deputy Carleton left a voicemail message for First Sergeant Mote detailing
his discussion with Ms. Card and provided Ryan Card’s cellular telephone number as a
point of contact if the Army Reserve command staff needed to contact Ryan Card. Later
(on May 4, 2023), First Sergeant Mote returned Deputy Carleton’s message, and the
following exchanges occurred:

• Deputy Carleton briefed him First Sergeant Mote on what had

occurred since their first conversation.

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 • First Sergeant Mote informed Deputy Carleton that the Army Reserve
had formulated a plan to handle Mr. Card’s situation, which would
include meeting with Mr. Card soon and attempt to get Mr. Card to
“open up” about “what has been going on,” referring to the changes in
his mental health.

• Out of an abundance of caution, Deputy Carleton specifically warned

First Sergeant Mote that Mr. Card had reportedly possessed a gun
when answering the door at his home.

Officer Safety Steps. When submitting his report on May 4, 2023, Deputy Carleton
flagged the following information regarding Mr. Card and his residence:

***SAGADAHOC PATROL PLEASE READ – USE CAUTION IF

RESPONDING TO 1007 WEST ROAD – ROBERT CARD’S
RESIDENCE – PARANOID BEHAVIOR AND HAS 10-15
FIREARMS IN HOUSE AND/OR TRUCK – ANSWERED THE
DOOR WITH A GUN ON 5/4/23 WHEN FAMILY VISITED***

***THE ACTUAL RESIDENCE IS JUST NORTH OF THE HOUSE

MARKED 1007, AND IS THE SECOND RIGHT JUST NORTH OF
WOOD SCHOOLHOUSE ROAD. IT IS A WHITE SINGLE WIDE
TRAILER WITH BLACK SHUTTERS AND A DETACHED BLUE
METAL GARAGE.***

No additional information about or contacts with Mr. Card until September 15,
2023. After Card family members and the Army Reserve representative informed
Deputy Carleton that they would take steps with Mr. Card to get him professional mental
health treatment, the Sagadahoc County Sheriff’s Office did not receive any additional
information from Ryan Card, Army Reserve officials, or any other person about
additional concerns related to the status of Mr. Card’s mental health until September 15,
2023. In addition, the Sagadahoc County Sheriff’s Office did not have any contacts with
Mr. Card at any time after (or during) Deputy Carleton’s response to concerns about Mr.
Card’s mental health on May 3-4, 2023, as reflected in the SCSO Names Table.

July 2023 – August 2023

4. July 16, 2023 – August 3, 2023

According to a news report citing official confirmation from the New York Division of
Military and Naval Affairs,1 leaders of Mr. Card’s Army Reserve Unit, which was
temporarily housed at the Camp Smith Training Site (across the Hudson River from the
U.S. Military Academy at West Point), requested law enforcement assistance because

1
https://www.timesunion.com/state/article/maine-shooting-suspect-robert-card-wasn-t-
18450627.php (last visited on November 17, 2023).

13
 Mr. Card was “‘behaving erratically.’” Mr. Card was transported to the Keller Army
Community Hospital for a medical evaluation.

According to another news report, citing authoritative sources,2 a psychologist at [the

Keller Army Community Hospital] determined that Mr. Card required further treatment
and evaluation. Mr. Card was transferred to the Four Winds Hospital in Katonah, New
York. He was reportedly released after about two weeks and returned to Maine on
August 3, 2023. According to an Army spokesperson cited in the news report, the Army
ruled that Mr. Card should “‘not have a weapon, handle ammunition or participate in
live-fire activity,’” which is reportedly a standard Army practice for the 30-day period
following a service member’s inpatient psychiatric hospitalization, although the news
report was unable to determine if the order in Mr. Card’s case was extended beyond the
routine 30-day post-hospitalization period.

September 2023

5. September 14, 2023 (2:30 AM)

At 2:30 AM, Army Reserve Staff Sergeant Hodgson informed Army Reserve First
Sergeant Kelvin Mote that he (Staff Sergeant Hodgson) and Mr. Card were returning
from a trip to a casino when Mr. Card complained that he could hear people calling him
a pedophile again. Staff Sergeant Hodgson reportedly told Mr. Card to “knock it off”
because he (Mr. Card) “was going to get into trouble talking about shooting up places
and people,” at which point Mr. Card reportedly punched Staff Sergeant Hodgson.

According to Staff Sergeant Hodgson’s report to First Sergeant Mote, Mr. Card told him
that he had guns and that he was going to “shoot up” the Army Reserve Center in Saco.
Mr. Card also reportedly told Staff Sergeant Hodgson that First Sergeant Mote was the
reason he (Mr. Card) couldn’t buy guns anymore because he (First Sergeant Mote) was
involved with Mr. Card’s hospitalization in July.

The Sagadahoc County Sheriff’s Office did not learn about this event until September
15, 2023.

6. September 15, 2023 (2:28 PM)

Corey Bagley, a detective at the Ellsworth Police Department, telephoned the Sagadahoc
County Communications Center and requested to speak to SCSO Deputy Carleton.3 A
dispatcher informed Detective Bagley that Deputy Carleton was off duty, at which point

2
https://www.bangordailynews.com/2023/11/16/mainefocus/new-york-police-robert-card-
voluntary-psychiatric-hospital/ (last visited on November 17, 2023).
3
It appears that Detective Bagley attempted to contact Deputy Carleton because he and Deputy
Carleton had previous contacts when they were each assigned to the Maine Drug Enforcement
Agency, not because of Deputy Carleton’s response in May 2023 to the concerns about Mr.
Card’s mental health.

14
 Detective Bagley asked to speak with a supervisor regarding a situation in the Bowdoin
area that was “kind of time sensitive.”

7. September 15, 2023 (2:29 PM)

After putting Detective Bagley on hold, the dispatcher informed Sergeant Skolfield by
radio that a detective wanted to speak to him about a time-sensitive matter. Sergeant
Skolfield responded that he was busy with another matter, but that he would call the
dispatcher in a few minutes.

After his radio communications with Sergeant Skolfield, the dispatcher told Detective
Bagley that the on-duty sergeant would call him in a couple of minutes. Detective
Bagley provided his cellular telephone number so that he would be immediately
available when the SCSO supervisor called.

8. September 15, 2023 (2:37 PM)

Sergeant Skolfield conferred by telephone with the dispatcher regarding Detective

Bagley’s request for a return telephone call and, after learning that he had some urgent
information that he wanted to discuss with an SCSO supervisor, obtained Detective
Bagley’s cellular telephone number.

9. September 15, 2023 (2:38 PM)

Sergeant Skolfield telephoned Detective Bagley, who gave him a synopsis of

longstanding concerns held by [Army Reserve] personnel about the mental health of Mr.
Card, with the more recent concerns emerging late during the night of September 14,
2023, into the early morning hours of September 15, 2023.

Sergeant Skolfield provided his email address to Detective Bagley so that he could send
him a letter prepared by Kelvin Mote, a First Sergeant in the Army Reserve who is also
an Ellsworth Police corporal, with attachments of messages from Army Reserve Staff
Sergeant Hodgson, regarding concerns about Mr. Card’s mental health.

According to Detective Bagley, [Army Reserve] personnel requested that the SCSO
perform a “welfare check” on Mr. Card. Sergeant Skolfield learned that some [Army
Reserve] personnel were aware that Mr. Card was having “psychotic episodes” during
which he “hears voices” that are insulting him by referring to him as a pedophile.

At one point during the conference, Sergeant Skolfield learned from Detective Bagley
that Mr. Card had allegedly threatened to “shoot up” [an Army Reserve] facility in Saco.

Detective Bagley told Sergeant Skolfield that Mr. Card had been “committed” for a
couple of weeks during the summer of 2023 due to his “altered mental state,” but had
been released.

According to Detective Bagley, [Army Reserve] personnel also requested that the
Sagadahoc County Sheriff’s Office identify specific individuals who had expressed

15
 concern for Mr. Card’s welfare because he (Mr. Card) may “focus his altered
aggression” toward them, something that he had done previously.

10. September 15, 2023 (2:46 PM)

At 2:46 PM, following his conference with Detective Bagley, Sergeant Skolfield notified
a dispatcher at the Communications Center that the situation was not as “pressing” as it
first appeared, referring to the request for a wellbeing check as opposed to other urgent
action, adding that he would be responding to [1007 West Road in Bowdoin] to do a
welfare check on Robert Card.

The SCSO Main Names Table, which contains information about individuals with whom
the SCSO has had contact, reflected that previous “calls for service” indicated that Mr.
Card had resided at 1007 West Road in Bowdoin and at 1017 West Road in Bowdoin, as
well as that he was known to be armed. The Names Table also indicated that he was a
“suspect” in a “citizen assist” call for service fulfilled on May 3, 2023.

Sergeant Skolfield also advised the dispatcher that Mr. Card was “flagged in-house” as
being known to be “armed and dangerous.”4 He declined the dispatcher’s offer to assign
a backup officer to assist him, noting that there were only two SCSO deputies on duty
(including him).

11. September 15, 2023 (3:04 PM)

At 3:04 PM, Sergeant Skolfield informed the dispatcher by radio that he had arrived at
the 1007 West Road address.

Less than a minute later, Sergeant Skolfield reported by radio that the address was
incorrect and that he had learned from the residents at 1007 West Road that Mr. Card
was possibly living at a location directly north from the 1007 West Road home, adding
that he would have one more place to check. According to Sergeant Skolfield’s incident
report, he learned from the current residents at the 1007 West Road address that Mr.
Card had previously lived at 1007 West Road, but that he was currently living in a white
mobile home with a “rather large” detached garage on the same side of 1007 and directly
north of 1007 West Road. There, Sergeant Skolfield saw a motorcycle and a jet ski
registered to Mr. Card (at an address of 941 Meadow Road in Bowdoin), but no other

4
Sergeant Skolfield determined that Mr. Card had been flagged “in-house” as “armed and
dangerous,” but he did not review Deputy Carleton’s report concerning his (Deputy Carleton’s)
response to the mental health concerns about Mr. Card that Ms. Card and Colby brought to his
(Deputy Carleton’s) attention on May 3, 2023, perhaps because the event was categorized in the
Sagadahoc County computer system as an “assist citizen” type of call for service, although Mr.
Card was described as a “suspect” in the “assist citizen” matter in May. Considering the nature
and extent of Sergeant Skolfield’s response to the mental health concerns that surfaced on
September 15, 2023, the fact that he (Sergeant Skolfield) did not review Deputy Carleton’s report
was inconsequential due to his diligence.

16
 motor vehicles. He concluded that Mr. Card lived in the mobile home, but that he was
not there at that time.

12. September 15, 2023 (3:09 PM)

At 3:09 PM, Sergeant Skolfield advised the dispatcher by radio that there were no
vehicles in the driveway at Mr. Card’s residence, adding that he had concluded that Mr.
Card was not at home. Sergeant Skolfield also determined that Mr. Card was not at his
father’s residence in Bowdoin. In his radio transmission, he requested that the
dispatcher leave the call for service “open” in the computer system, indicating that he
was going to begin typing his report.

13. September 15, 2023 (3:24 PM)

Sergeant Skolfield reported to the dispatcher via radio that he had returned to Mr. Card’s
residence.

14. September 15, 2023 (3:47 PM)

As a result of their earlier telephone conference, Detective Bagley sent Sergeant

Skolfield an email message forwarding a memorandum from First Sergeant Mote and a
text message from Staff Sergeant Hodgson, which Sergeant Skolfield received at about
3:47 PM. First Sergeant Mote’s memorandum contained the following content:

Good afternoon,

I received the attached text this morning form SSG Hodgson in

reference to Sergeant First Class Robert Card DOB 04-04-83. Card is
one of my senior firearms instructors in Bravo Company 3/304 in Saco.
Card has been hearing voices calling him a pedophile, saying he has a
small dick, and other insults. This hearing voices started in the spring
and has only gotten worse. On July 15 2023 while at West Point Card
was hanging out with several other soldiers at the hotel they were
staying at. They had gone to a convenience store to get some beer. In
the parking lot Card accused three of them of calling him a pedophile
and said he would take care of it. One of the soldiers who has been
friends with Card for a long time was there. Card got in his face,
shoved him, and told him to stop calling him a pedophile. They got
their beer, calmed Card down a little, and made their way back to the
hotel. Several times on the ride back Card said he would take care of it.
When pressed about what he meant by that Card didn’t respond.
Present during this was Oxford County Sheriff Christopher Wainwright
and Androscoggin County Deputy Matthew Noyes, both are in my unit
as well. Once they got back to the motel, Card locked himself in his
room and would not answer the door when they tried to make contact.

I was informed about this incident early the next morning. I met them
at the motel along with a couple other soldiers and we were able to get

17
 the key to the room and make contact. Card said he wanted people to
stop talking about him. I told him no one was talking about him and
everyone here was his friend. Card told me to leave him alone and tried
to slam the door in my face. One of the soldiers stopped the door from
closing with this foot. I decided, after talking with my commander, that
Card needed to be evaluated. We took him to the base hospital where he
was seen by a psychologist there and determined to need further
treatment. Card was taken to Four Winds Psychiatric Hospital in
Katonah NY for treatment and evaluation. During the four hours I was
with Card he never spoke, just stared through me without blinking. He
spent 14 days at Four Winds then was released. To my knowledge he
has not sought any more treatment since being released.

Night before last, at approximately 0230, another soldier that is friends

with Card called to tell me that Card had assaulted him. They were
driving home from the casino when Card started talking about people
calling him a pedophile again. When Hodgson told him to knock it off
because he was going to get into trouble talking about shooting up
places and people, Card punched him. Hodgson was able to get out of
the car and make his own way home. According to Hodgson, Card said
he has guns and is going to shoot up the drill center at Saco and other
places. He also said he was going to get “them”. Since the commander
and I are the ones who had him committed we are the “them”. He also
said I was the reason he can’t buy guns anymore because of the
commitment. Hodgson is concerned that Card is going to snap and
commit a mass shooting. (see the text message attached)

Captain Reamer, 3/304th commander, asked that I have Sagadahoc

County conduct a well-being check on Card at his residence, 941
Meadow Road in Bowdoin Maine, to gauge his mental health and
determine if he is a threat to himself and/or others. I relayed this to
Deputy Chief Troy Bires and he advised to have a detective make the
request to the SCSO to conduct the well-being check. I have attached
the text message and current photograph of Robert Card to this email.
The Saco PD has been given a heads up about this and the battalion
commander has been briefed as to the threat to the unit in Saco. I would
rather err on the side of caution with regards to Card since he is a
capable marksman and, if he should set his mind to carry out the threats
made to Hodgson, he would be able to do it.

The text message from Staff Sergeant Hodgson referenced in First Sergeant Mote’s
memorandum included the following content:

Today 02:04

You up I have something to report.

18
 Change the passcode to the unit gate and be armed if sfc card does
arrive. Please. I believe he’s messed up in the head. And threaten the
unit other and other places. I love to death but i do not know how to
help him and he refuses to get help or to continue help. I’m afraid he’s
going to fuccck up his life from hearing things he thinks he heard.
When i dropped him off he was concerned his weapons were still in the
car. I beleive they were at the unit. And no one searched his vehicle on
federal property.

And yes he still has all of his weapons. I’m not there I’m at my own
place.

I believe he’s going to snap and do a mass shooting.

When reviewing the text message, Sergeant Skolfield noted that Staff Sergeant Hodgson
sent the text message to First Sergeant Mote at 2:04 AM [at a time when its delivery may
be delayed due to the late hour], but that he had not communicated his concerns about
Mr. Card’s mental health directly to law enforcement authorities or contacted military
authorities by more direct means.

15. September 15, 2023 (5:11 PM)

At 5:11 PM, Sergeant Skolfield directed a Sagadahoc County Communications Center

dispatcher to use information from his report (which was still in process) to issue a state-
wide “attempt to locate” message (with special attention to the Saco Police Department)
In addition to providing identifying information about Mr. Card and his vehicles, the
message had the following content:

***CAUTION OFFICER SAFETY – KNOWN TO BE ARMED AND

DANGEROUS*** ROBERT HAS BEEN SUFFERING FROM
PSYCHOTIC EPISODES & HEARING VOICES. HE IS A
FIREARMS INSTRUCTOR AND MADE THREATS TO SHOOT UP
THE NATIONAL GUARD ARMORY IN SACO. HE WAS
COMMITTED OVER THE SUMMER FOR TWO WEEKS DUE TO
HIS ALTERED MENTAL HEALTH STATE, BUT THEN
RELEASED. HE ALSO DRIVES ME/MC 82MW BLUE 2020
YAMAHA WR250R. MULTIPLE ADDRESSES HAVE BEEN
CHECKED WITH NEGATIVE CONTACT SO FAR. IF LOCATED,
USE EXTREME CAUTION, CHECK MENTAL HEALTH
WELLBEING AND ADVISE SAGADAHOC SD VIA SAGADAHOC
COMMS 443-9711.

The broadcast was classified as a File 6 transmission because vehicle registration

numbers and identifying information would be indexed in computer databases (including
the Interstate Identification Index (“III”) maintained by the FBI) regarding the individual

19
 being sought.5 Typically, any law enforcement contact with an individual would prompt
the officer to make or request a computer inquiry in a state-wide computer system. In
that way, any police contacts with Mr. Card or his vehicles would automatically reveal
Sergeant Skolfield’s request for a wellbeing check, as well as the reason for the
wellbeing check and officer safety-related information.

General lookout broadcasts (which would be categorized as a File 25) do not index
vehicle registration numbers or identifying information and would provide substantially
less support for an urgent “attempt to locate” process.

16. September 15, 2023 (SCSO Second Shift)

The SCSO patrol staff covered the second shift on September 15-16, 2023, with a patrol
supervisor and a patrol deputy. Sergeant Skolfield briefed SCSO Corporal Michael
Fitzpatrick, the second shift6 patrol supervisor, and SCSO Deputy Zach Kindelan, who
was covering the Bowdoin area for the SCSO during the second shift,7 about the
concerns about Mr. Card’s mental health. Corporal Fitzpatrick and Deputy Kindelan
each read the File 6 and reviewed the portion of Sergeant Skolfield’s report that covered
his work on Mr. Card’s situation on September 15, 2023, noting that the report was a
work in progress and that he subsequently added information relating to the follow-up
investigation that he performed on September 16, 2023, and September 17, 2023.

Sergeant Skolfield asked Corporal Fitzpatrick to ensure that Sheriff’s Office evening
shift personnel attempt to locate Mr. Card at his home and in other areas where he may
be found for a “wellbeing check,” and that evening shift personnel be otherwise on the
lookout for Mr. Card.

According to Corporal Fitzpatrick, he and Deputy Kindelan treated the effort to find Mr.
Card seriously, adding that Deputy Kindelan was covering the northern sector of the
county, so he was primarily responsible for attempts to locate Mr. Card that night.
Corporal Fitzpatrick was aware that Deputy Kindelan had checked Mr. Card’s home and
his father’s home, but he was unable to locate any signs (e.g., Mr. Card’s vehicle) that he
was at either location. Corporal Fitzpatrick was also aware that Deputy Kindelan
identified a vehicle that he believed may have matched the description of Mr. Card’s

5
Maine law enforcement agencies make File 6 broadcasts relatively frequently, each of which
requests law enforcement officers to give special attention to locating the individuals described
in the lookouts. The Sagadahoc Sheriff’s Office transmitted 108 File 6 broadcasts between
January 1, 2018, and November 7, 2023, including 14 in 2018, 13 in 2019, 21 in 2020, 28 in
2021, and 16 in 2023 (as of November 7, 2023).
6
Corporal Fitzpatrick’s shift spanned the period of 5 PM on September 15, 2023, to 3 AM on
September 16, 2023.
7
Because he is a canine handler, Deputy Kindelan’s second shift duties spanned the period of 5
PM on September 15, 2023, to 2 AM on September 16, 2023, plus a one-hour canine training
period.

20
 vehicle, but ultimately determined that it was not a match after checking the registration
number.

According to Deputy Kindelan, he did some additional research for addresses associated
with Mr. Card after reviewing the File 6 and Sergeant Skolfield’s report (regarding work
completed on September 15, 2023). Next, he checked Mr. Card’s parents’ home on the
Meadow Road in Bowdoin and Mr. Card’s home on the West Road in Bowdoin, to no
avail. He noticed a vehicle at the parents’ home that he thought matched the description
of Mr. Card’s vehicle, but he checked the registration information and determined that it
was not the correct vehicle. His efforts to locate Mr. Card were otherwise unsuccessful.

17. September 16, 2023 (2:17 AM)

At 2:17 AM, Lieutenant Ed Yurek of the Brunswick Police Department contacted

Sergeant Monica Fahy of the Saco Police Department to confirm that Saco Police
officers were aware of the File 6 message broadcast by the Sagadahoc County Sheriff’s
Office, specifically referring to the broadcast’s references to the Saco Armory. During
the ensuing discussion, Lieutenant Yurek informed Sergeant Fahy, who was the patrol
supervisor for the night shift, that Mr. Card “should be at drill tomorrow,” indicating that
he (Lieutenant Yurek) was in the same (Army Reserve) unit as Mr. Card.

Lieutenant Yurek advised Sergeant Fahy that Mr. Card should be at the Saco Armory at 7
AM, adding that “now, I don’t expect you guys to react or anything … or necessarily be
on site, but, if everything goes to plan, he should be there at about 7 AM.” In response,
Sergeant Fahy informed Lieutenant Yurek that she would be on duty at 7 AM, adding
that she would ensure that Saco Police officers were aware of the File 6 and that Saco
Police officers would be positioned near the armory.” Lieutenant Yurek said that
officers could “just sit in the rec center,” indicating that there was a limited access gate
to the armory. Sergeant Fahy indicated that she was familiar with the armory.
Lieutenant Yurek said that Mr. Card could come and go, but that Saco Police officers
would not be able to access the armory quickly if it became necessary. Lieutenant Yurek
said, “we will do what we have to,” adding that he wanted to make sure that his “boss”
knows about (the File 6).

Sergeant Fahy inquired as to whether Mr. Card had other mental health issues or had
other related conditions. In response, Lieutenant Yurek said that Mr. Card “hears
things,” adding that Sergeant Fahey should know that Mr. Card had “hearing implants
and he hears like Superman,” clarifying that Mr. Card could “hear people like a half a
mile away talking.” Explaining further, Lieutenant Yurek said, “He was a deaf guy that
got hearing implants and cannot process everything that he’s hearing.” He also added
that Mr. Card “would be in, like, Lowe’s and he would be in Aisle 1 and somebody in
Aisle 15 would say, ‘That really stinks’, and, for some reason, he thought they were
talking about him.” Lieutenant Yurek compared Mr. Card’s hearing aids to the
electronic hearing protection that police officers wear at the firearms range that enable
officers to “hear birds chirping from a mile away,” adding that Mr. Card “has those
planted in his brain.” Continuing, Lieutenant Yurek told Sergeant Fahy that, “my point

21
 is that you can’t whisper, like, you can’t go, like, talk in another room about him, …
’cause he’ll hear everything you’re saying.”

Sergeant Fahy reiterated that she would notify the Saco Police officers on patrol (about
the concerns regarding Mr. Card) to ensure that they were on the lookout for him (Mr.
Card). Sergeant Fahy asked Lieutenant Yurek, in effect, whether he and other Army
Reservists believed that Mr. Card would pose a threat at the armory. Lieutenant Yurek
responded that Mr. Card was aware that he cannot carry firearms at the armory, adding
that, “so, he shouldn’t have anything on him anyway.” He (Lieutenant Yurek) also said
that he would ensure that all his commanding officers knew about the situation, adding
that, “we’re gonna feel him out when we see him.”

Referring to the File 6 statement that Mr. Card had been committed for two weeks,
Lieutenant Yurek told Sergeant Fahy that he was responsible for taking that action. At
that time, Lieutenant Yurek said, he “did not have trouble talking to him and he never
threatened me, but that’s just kind of the way it was, I was his boss for a lot of years, so,
I had a position of authority with him.” When concluding his telephone conference with
Sergeant Fahy, Lieutenant Yurek informed her that he would be in the armory at 7 AM,
and Sergeant Fahy told him that Saco Police officers would be on the lookout for him,
and that she would inform the officers about the situation.

After her telephone conference with Lieutenant Yurek, Sergeant Fahy ensured that the
Saco Police Department had a plan in place to protect the armory and the reservists that
would be occupying it. As part of that process, a Saco Police radio dispatcher broadcast
an alert to the officers on patrol during the overnight shift calling their attention to the
File 6 broadcast issued by the Sagadahoc County Communications Center on behalf of
Sergeant Skolfield.

18. September 16, 2023 (2:47 AM)

A Saco Police dispatcher conducted a computer check on Mr. Card to facilitate the
formulation of a protection strategy for the armory, which triggered an immediate
response from a dispatcher at the Sagadahoc County Communications Center. The
SCCC dispatcher inquired as to whether a Saco Police officer had located Mr. Card and
the SPD dispatcher responded that he had not been located and confirmed that the
computer check was conducted for informational purposes.

19. September 16, 2023 (6:45 AM)

Saco Police patrol officers were on the lookout for Mr. Card in the vicinity of the Army
Reserve Center in Saco during the overnight shift but did not locate him. Sergeant Scott
Sicard, the patrol supervisor for the day shift, took over the SPD response to the File 6
from Sergeant Fahy at 6 AM.

At about 6:45 AM, Sergeant Sicard and three patrol officers established four observation
points along roadways that surrounded the Reserve Center with the intention of taking
appropriate action, including a wellbeing check, if Mr. Card was spotted approaching the
Reserve Center.

22
 Lieutenant Yurek, the Brunswick Police officer who is also a member of Mr. Card’s
Army Reserve Unit, met with Sergeant Sicard and they discussed the situation. During
that discussion, Sergeant Sicard learned that the designated arrival time for the
reservists, including Mr. Card, was set for 8 AM, not 7 AM, which was what Lieutenant
Yurek originally told Sergeant Fahy.

20. September 16, 2023 (7:46 AM)

At about 7:44 AM, Saco Police Officers Rodney Rossignol and Amber Damon, acting
on instructions from Sergeant Sicard, were admitted into the Army Reserve Center
through a secure doorway for the purpose of getting assistance from Army Reserve
command staff member in assessing the threat to the armory so that Sergeant Sicard
could make some decisions about the protection effort. Following Saco Police
Department policy, the officers activated their body-worn cameras before entering the
Center.

At 7:46 AM, Officers Rossignol and Damon met with Captain Reamer, the company
commander of Mr. Card’s Army Reserve unit. The officers’ body-worn cameras
produced separate, but identical, audio recordings of the ensuing discussion, noting that
the video recordings reflect the perspectives of the officers’ respective cameras. A single
transcript of the discussion is enclosed with this report and has been marked as Exhibit
1. The dialogue between the officers and Captain Reamer is paraphrased below for
clarity:

• Apparently referring to First Sergeant Mote’s communications with

Sergeant Skolfield and Lieutenant Yurek’s communications with
Sergeant Fahy and Sergeant Sicard, Captain Reamer indicated that he
was aware that Army Reserve personnel had contacted law
enforcement authorities regarding the concerns about Mr. Card’s
mental health.

• Captain Reamer asked what Officers Rossignol and Damon had been
told about the situation. Referring to the File 6 broadcast from the
Sagadahoc County Sheriff’s Office, Officer Damon indicated that the
Saco Police Department had two specific vehicle registration numbers
to look for in connection with the possibility that Mr. Card would be
traveling to the Army Reserve Center with the intention of “shooting
up the place.” Officer Rossignol indicated that “shooting up the
place” may mean “shooting a couple people.”

• Continuing, Officer Damon indicated to Captain Reamer that the plan

was to contact Mr. Card if he appeared at the Reserve Center, to
conduct a wellbeing check of Mr. Card, and to determine whether he
“still feels that way,” meaning a determination of whether he poses an
imminent risk of danger to any person. Officer Damon also indicated
that the Saco Police Department had information that Mr. Card was

23
 scheduled to attend an Army Reserve drill at the Center (on September
16, 2023).

• Captain Reamer indicated that First Sergeant Mote had initiated the
communications that law enforcement authorities received. He also
told the officers that he (Captain Reamer) was a police officer in New
Hampshire, noting that a situation like the one with Mr. Card may be
handled somewhat differently there (in New Hampshire). In this case,
Captain Reamer indicated, First Sergeant Mote had sent the
information about Mr. Card to “pretty much everybody in the … in the
State,” perhaps referring to the File 6 broadcast that Sergeant Skolfield
initiated after acting on the information provided by First Sergeant
Mote.

• In terms of what the Army Reserve was requesting from law

enforcement authorities, Captain Reamer indicated that they were
requesting “more of a check wellbeing,” simply to “make sure that
[Mr. Card is] good.” Referring to actions taken by Sergeant Skolfield
in response to communication from First Sergeant Mote (via Detective
Bagley) to Sergeant Skolfield, Captain Reamer told the officers that
the Army Reserve had “sent, I think, the Sheriff out to try to make
contact at his house, [but the Sheriff] wasn’t able to find him there.”

• Captain Reamer said that Mr. Card called him (Captain Reamer) on
September 15, 2023. According to Captain Reamer, Mr. Card was
angry, but he (Mr. Card) never made any specific threats during their
telephone conversation, including along the lines of “‘hey, I’m gonna
come shoot everybody,’ or anything like that,” meaning everybody or
anybody at the Army Reserve Center.

Referring to an incident during a military assignment at West Point

that resulted in Mr. Card being examined at a civilian psychiatric
facility for two weeks in July 2023, Captain Reamer told the officers
that Mr. Card was still angry about what happened during that
situation.

• As for whether Mr. Card was expected to appear at the Reserve

Center, Captain Reamer told the officers that he asked Mr. Card (on
September 15, 2023) whether he would be coming to the Army
Reserve Center (on September 16, 2023, that morning). According to
Captain Reamer, Mr. Card told him that he would not be attending the
drill session because he had to work “the whole weekend.” Captain
Reamer indicated that Mr. Card sent a text message to another member
of the Reserve unit stating that he would not be going to the drill. As
for his employment, Captain Reamer said that Mr. Card was employed
as a truck driver.

24
• Referring to Staff Sergeant Hodgson and the text message that he sent
out at 2:04 AM on September 15, 2023, with concerns about Mr.
Card’s mental health, Captain Reamer said that First Sergeant Mote
spoke with Staff Sergeant Hodgson about the situation. According to
Captain Reamer, Staff Sergeant Hodgson was unable to “really give
any specifics” to First Sergeant Mote, adding that Staff Sergeant
Hodgson had only “specifically mentioned one of my soldiers and said
he wanted to punch him … in the face.”

• Continuing, Captain Reamer said that, according to Staff Sergeant

Hodgson, who Captain Reamer characterized as not being “the most
credible of … our soldiers,” Mr. Card said, “he would shoot places,
but never specifically mentioned [the Army Reserve Center], never
specifically mentioned any [place] specifically.” Captain Reamer
highlighted that Staff Sergeant Hodgson sent the text message at “two-
something in the morning … so, was he drunk?” Indicating that “[w]e
didn’t ask [if he was drunk],” Captain Reamer stated, “when we tried
to nail it down with some specifics, he wasn’t able to give us much,”
adding that “it kinda really didn’t help any.”

• As for the Army Reserve’s plan to resolve the concerns about Mr.
Card’s mental health status, Captain Reamer said “what we kinda
came up, like, was, alright, we’ll see if we can get a check wellbeing
on the guy … make sure if he’s good,” adding that “then we’re just
lettin’ you guys know – to kind of being aware of what’s kinda going
on.”

• Officer Rossignol explained to Captain Reamer that Saco Police

officers had been “staking out” the Army Reserve Center (for
protection purposes) and inquired as to whether Captain Reamer
wanted the SPD protection detail to continue. Captain Reamer replied
that there was no need to tie up SPD officers for the long term,
indicating that the officers were by then familiar with the location and
so forth. Referring to the one soldier that Mr. Card threatened to
punch in the face, Captain Reamer said that he told the affected soldier
that other reservists would remove him from the facility so that he (the
soldier) could drive out of the area if Mr. Card appeared at the Reserve
Center. So, Captain Reamer said, the reservists would “try to handle”
that type of situation.

• Assessing the security situation, Officer Rossignol asked Captain

Reamer if Mr. Card had the access code for the security gate. Captain
Reamer responded that he (Mr. Card) “probably” knows the access
code to the gate mechanism but added that he did not believe that he
(Mr. Card) had what he needed to get inside the Reserve Center itself.
He also told the officers that there were other police officers who were
members of the Army Reserve unit and present, so they could

25
 “hopefully de-escalate things … and kinda calm him down” if Mr.
Card appeared. In terms of a plan, Captain Reamer said that “probably
if he does show up we’ll probably just give you guys a ring, and say,
‘hey, can you just come on out?’ Just in the event that somethin’
turns.”

• Continuing, Captain Reamer told the officers that “we’ll do our best to
kinda de-escalate and handle it on our end as far as we can,” adding
that (referring to the soldier that Mr. Card threatened to punch), “I’ll
probably get that one guy out, um, and get him out of here so he
doesn’t, you know, escalate things, for whatever the reason, because
he does have mental … health issues. … I’d say probably
schizophrenia seemed to be what his – he’s delusional, hearing a lot of
… things about being a pedophile, but nobody’s saying a word to him
about it, so.”

In summary, Captain Reamer informed Officers Damon and Rossignol that Army
Reserve personnel had assessed the concerns about Mr. Card’s mental health condition
that Staff Sergeant Hodgson expressed in his text message to First Sergeant Mote and
determined (including via a discussion with First Sergeant Hodson) that, except for Mr.
Card’s statement that he wanted to punch another Army Reserve member in the face and
a general statement that Mr. Card would “shoot places” (without any specification of
which places), there was no credible risk of imminent violence to a specific individual, a
specific place, or the community at large.

Moreover, Captain Reamer said that he had spoken by telephone with Mr. Card on
September 15, 2023 (the same day that Sergeant Skolfield began his follow-up to the
notification from First Sergeant Mote via Detective Bagley, including a visit to Mr.
Card’s home), and, although Mr. Card was still angry about an incident that had resulted
in his hospitalization over the summer, he (Mr. Card) did not make any specific threats
during his conversation with him (Captain Reamer).

Furthermore, Captain Reamer told the officers that Mr. Card had informed him (Captain
Reamer) and another reservist (via text message) that he would not be attending the drill
at the Reserve Center in Saco on September 16, 2023, because he would be working at
his civilian job during the weekend. In the end, Captain Reamer told the officers that
there was a plan for dealing with Mr. Card, including removing the reservist who Mr.
Card had threatened to punch from the facility, if he arrived, and there was no need for
the Saco Police to continue its protective detail at the Reserve Center, noting that the
Saco Police would be called if any assistance became necessary. Accordingly, the Saco
Police Department discontinued the protective detail around the Reserve Center.

21. September 16, 2023 (8:45 AM)

In the morning, Sergeant Skolfield returned to Mr. Card’s home at 8:45 AM, where he
observed Mr. Card’s white Subaru Outback parked in the dooryard. At about 9:01 AM,
he requested a backup unit, which prompted a request for mutual aid to the Kennebec

26
 County Sheriff’s Office (“KCSO”). About forty-five minutes later, KCSO Deputy Ivano
Stefanizzi arrived to assist him. At that point, Sergeant Skolfield approached the door to
Mr. Card’s trailer and attempted to contact him by knocking on the door. Sergeant
Skolfield believed that the curtains in a window that faced the road moved and thought
that he could hear Mr. Card moving around inside the trailer, but he (Mr. Card) did not
come to the door.

Sergeant Skolfield decided that standing at the trailer’s door was a disadvantageous
position under the circumstances, so he and Deputy Stefanizzi left Mr. Card’s property.
Deputy Stefanizzi returned to his patrol area in Kennebec County, but Sergeant Skolfield
parked his police cruiser at a location near Mr. Card’s property with a view toward his
driveway, which positioned him so that he could attempt a consensual contact with Mr.
Card for a welfare check if he drove away from his property.

22. September 16, 2023 (10:01 AM)

Next, Sergeant Skolfield attempted to find a telephone number for Mr. Card so that he
could try to arrange a meeting with him via a telephone conversation. His initial
attempts to find a telephone number failed, but he eventually got a number for him from
a booking record at the Two Bridges Jail, which was 207-837-3761.

Sergeant Skolfield called the number on record with the Jail as being used by Mr. Card
at about 10:01 AM, but there was no answer. Sergeant Skolfield’s telephone record
indicates that it was a 45-second call, but he does not recall whether the call went to
voicemail or, if it did, whether he left a voicemail message for Mr. Card requesting that
Mr. Card call him back.

23. September 16, 2023 (10:08 AM)

At 10:08 AM, Sergeant Skolfield telephoned Lieutenant Brian Quinn, the SCSO Patrol
Division Commander, and advised him about the ongoing situation with Mr. Card, as
well as his (Sergeant Skolfield) plan to continue his efforts to locate Mr. Card for a
wellbeing check. As a result, SCSO Deputy Anderson was assigned to cover what
would otherwise have been Sergeant Skolfield’s patrol assignment.

24. September 16, 2023 (10:22 AM)

At 10:22 AM, Sergeant Skolfield attempted to reach Detective Bagley on his cellular
telephone number to determine whether he had any update on Mr. Card’s situation from
his sources, but he was unsuccessful.

25. September 16, 2023 (10:26 AM)

At 10:26 AM, Sergeant Skolfield attempted to reach First Sergeant Mote and Detective
Bagley by telephone at the Ellsworth Police Department, but he was unsuccessful.

27
26. September 16, 2023 (10:31 AM)

At 10:31 AM, Sergeant Skolfield telephoned a dispatcher at the Saco Police Department
to confirm that SPD had received the File 6 broadcast regarding Mr. Card that was sent
by the Sagadahoc County Dispatch Center on September 15, 2023. When doing so, he
inquired as to whether SPD could provide a point of contact for the [Army Reserve
Center], adding that the [Army Reserve Center] was aware that Mr. Card had
“apparently made threats to come down … to shoot the [Army Reserve Center] up down
there.”

At 10:32 AM, the Saco Police dispatcher connected Sergeant Skolfield with Sergeant
Sicard, and they discussed the Saco Police Department’s response to the File 6
concerning Mr. Card. Sergeant Sicard informed Sergeant Skolfield that SPD initially
understood that Mr. Card was supposed to appear at the Army Reserve Center at 7 AM,
but Lieutenant Yurek (the Brunswick Police officer who is also a member of Mr. Card’s
Army Reserve unit) spoke with Sergeant Sicard and he (Lieutenant Yurek) informed him
(Sergeant Sicard) that the reservists were supposed to be at the Center by 8 AM.
Sergeant Sicard added that Saco Police officers established vantage points at several
locations along roadways that Mr. Card would likely use, but Mr. Card was not spotted
between approximately 6:45 AM until a little after 8 AM. In addition, Sergeant Sicard
told Sergeant Skolfield that he had instructed an officer to meet with an Army Reserve
official, referring to the conference between Officer Damon, Officer Rossignol, and
Captain Reamer. Their telephone conference was interrupted and then the connection
was discontinued, apparently because Sergeant Skolfield took incoming calls from First
Sergeant Mote and then Captain Reamer.

27. September 16, 2023 (10:35 AM and 10:37 AM)

At 10:35 AM, First Sergeant Mote, the Ellsworth Police corporal who was also a
member of Mr. Card’s military unit, called Sergeant Skolfield, and they had a very brief
conversation.

At 10:37 AM, Sergeant Skolfield called First Sergeant Mote back, and they had a longer
conversation. Among other things, First Sergeant informed him that the Army command
staff was in the process of encouraging Mr. Card to retire from the military on the
condition that he obtain mental health treatment. Referring to Staff Sergeant Hodgson’s
email message about his concerns about Mr. Card, First Sergeant also indicated to
Sergeant Skolfield that he believed that Staff Sergeant Hodgson’s message was “over the
top” or that Staff Sergeant Hodgson was being an “alarmist,” or something along those
lines.

28. September 16, 2023 (10:46 AM)

Sergeant Skolfield attempted to reach Captain Jeremy Reamer, the company commander
of Mr. Card’s military unit, by telephone so that he could discuss the nature and extent of
the Army Reserve’s concerns about Mr. Card’s mental health.

28
At 10:46 AM, Captain Reamer telephoned Sergeant Skolfield, who was parked in a
position that gave him a view of Mr. Card’s driveway, intending to attempt a consensual
conversation with Mr. Card for assessment purposes if he (Mr. Card) drove away from
his home, which, if Mr. Card consented to the conversation, would give him an
opportunity to assess Mr. Card’s current mental health status.

Sergeant Skolfield recorded his conversation with Captain Reamer using the audio
feature of his cruiser’s Watchguard camera system, which simultaneously video-
recorded his view of Mr. Card’s driveway through the windshield of his cruiser. A
verbatim transcription of Sergeant Skolfield’s telephone conference with Captain
Reamer is enclosed as Exhibit 2. In pertinent part, Sergeant Skolfield and Captain
Reamer exchanged the following information during their dialogue, which has been
paraphrased for clarity:

• Sergeant Skolfield informed Captain Reamer that, although he

(Sergeant Skolfield) did not want to be an alarmist, the Sheriff’s Office
was very concerned about reports that Mr. Card’s military colleagues
were worried about the possibility that he (Mr. Card) would initiate a
mass shooting, adding that he (Sergeant Skolfield) understood that Mr.
Card had been experiencing [auditory] hallucinations, that he had been
“institutionalized” (i.e., in a psychiatric facility) for a few weeks over
the summer, and that his mental state was not showing signs of
improvement.

Accordingly, Sergeant Skolfield told Captain Reamer that he (Sergeant

Skolfield) was trying to get some answers from him (Captain Reamer)
about the military’s assessment of Mr. Card’s mental state.

In addition, Sergeant Skolfield indicated to Captain Reamer that he

wanted to know whether the (Army Reserve) had accounted for any
military weapons that Mr. Card could access and whether (the Army
Reserve) had any information about weapons that Mr. Card may be
keeping at his home. Captain Reamer indicated that Mr. Card did not
have access to military weapons.

• Captain Reamer indicated that he did not have any details about the
outcome of Mr. Card’s mental health hospitalization over the summer
due to HIPAA restrictions. However, apparently referring to New
York’s so-called “red flag” statute, he told Sergeant Skolfield that no
court order had been issued (as a result of his institutionalization) to
take his (Mr. Card’s) weapons or anything along those lines,
apparently referring to the absence of a finding during Mr. Card’s
institutionalization that he (Mr. Card) posed a risk of imminent danger
to any individual at that time.

• Captain Reamer told Sergeant Skolfield that he (Captain Reamer)

understood that Mr. Card’s family was supposed to remove his (Mr.

29
 Card’s) weapons from his (Mr. Card’s) home. In that connection,
Captain Reamer said that he had been told that Mr. Card’s weapons
had been removed from his (Mr. Card’s) home and were currently
being stored in a family member’s house.

According to Captain Reamer, Staff Sergeant Hodgson, who Captain

Reamer characterized as the individual who “kinda started this whole
thing,” was supposed to move the weapons, but then Ryan Card, Mr.
Card’s brother, “supposedly” moved them.

However, he (Captain Reamer) added that he had been unable to

verify that the firearms had been removed because he (Captain
Reamer) lives in New Hampshire.

Captain Reamer told Sergeant Skolfield that he did not know if Mr.
Card had any access to the firearms that were being stored at the
family member’s home.

• Captain Reamer informed Sergeant Skolfield that he had spoken to

Mr. Card on September 15, 2023, when Mr. Card called him (Captain
Reamer) to confirm that he would not be attending the Army Reserve
“drill” session (at the Reserve Center in Saco) because he had to work
at his civilian job. Captain Reamer reportedly told Mr. Card that there
would be no problem if Mr. Card did not appear for the drill session.

According to Captain Reamer, Mr. Card “sounded angry” at “people”

when he spoke to him on September 15 (which is the day that Sergeant
Skolfield began follow-up on the concerns about Mr. Card’s mental
health that Staff Sergeant Hodgson expressed to First Sergeant Mote
via the text message). He (Captain Reamer) added that Mr. Card did
not make any specific threats during the telephone conversation.
Rather, he (Captain Reamer) said, Mr. Card seemed upset at how
“things went down there at West Point,” apparently referring to the
incident that led to his hospitalization for a mental health evaluation.

Importantly, Captain Reamer indicated to Sergeant Skolfield that Mr.

Card had never threatened any specific person or said anything about
targeting a specific location.

• Captain Reamer said that he had “just talked” with his Battalion
Commander and Sergeant Major, one of whom works for the federal
government and the other works as a police officer in Maine. They
reportedly discussed Mr. Card’s situation, and they decided to request
law enforcement authorities (i.e., the Sagadahoc County Sheriff’s
Office) to perform a wellbeing check on Mr. Card to confirm that he is
at home and alive, and then to document the wellbeing check (for the
Army Reserve).

30
• Captain Reamer told Sergeant Skolfield that Mr. Card can be
“uncooperative or whatever,” and indicated that it would not be
sensible for them (the law enforcement officers) to “push” the
situation (referring to taking steps during the wellbeing check that may
force a confrontation with Mr. Card, thereby escalating the situation
into one that would require a police use of force), emphasizing that the
Army Reserve only wanted a wellbeing check verifying that Mr. Card
was home and alive.

• Referring to the results of his attempts to contact Mr. Card during the
visit that he and Deputy Stefanizzi made to Mr. Card’s house prior to
his conversation with Captain Reamer, Sergeant Skolfield told Captain
Reamer that he knew that Mr. Card was alive, but added that he (Mr.
Card) would not answer the door and, referring to the potential
consequences of confronting Mr. Card if he was being uncooperative,
there was no way to avoid Mr. Card’s “line of sight,” indicating that
the presence of law enforcement officers may provoke Mr. Card into
having an armed confrontation with the officers. In response, Captain
Reamer said that he did not want law enforcement officers “to push
into something” and “escalate” the situation, referring to the potential
for an unnecessarily dangerous confrontation with Mr. Card.

• Captain Reamer emphasized, he (representing the Army Reserves) was

only asking Sergeant Skolfield to document a wellbeing check after
verifying that Mr. Card was at home, although he may have been
uncooperative, so that the Army can confirm that he was “alive and
breathing,” then the Army “can go from there.”

Captain Reamer also indicated to Sergeant Skolfield that he did not

want law enforcement officers to get hurt or to put themselves in a
position of having to do “anything” or “making a decision,” referring
to any potential police action that would put officers in a
“compromising situation” that may escalate to the point of where
officers may have to use force against Mr. Card.

In response, Sergeant Skolfield indicated to Captain Reamer that his

goal was to avoid escalating Mr. Card, adding that he had hoped that
Mr. Card would answer the door and have a conversation with him
(Sergeant Skolfield) to complete the wellbeing check. Sergeant
Skolfield indicated that he was certain that Mr. Card had seen his
(Sergeant Skolfield’s) Sheriff’s Office cruiser parked in his yard when
the wellbeing check was attempted.

• Referring to Mr. Card’s refusal to answer the door when Sergeant

Skolfield was attempting to make the wellbeing check, Captain
Reamer said that he (Mr. Card) had done “the same thing” when “this
all kinda initially went down,” referring to the West Point incident.

31
 According to Captain Reamer, Mr. Card had been “uncooperative”
with him and other Army Reserve unit members, which, he said,
“seems to be his thing when he just doesn’t want to deal with us,
anybody, he just kinda locks in there.”

Continuing, Captain Reamer told Sergeant Skolfield that “nothing

ended up happening” when they (Captain Reamer and other unit
members) were trying to contact him during the West Point incident,
adding that “[h]e didn’t have any weapons, he didn’t, it didn’t turn into
anything” and that “[h]e eventually came out … after we kinda got our
… some of our guys out there to help out with it.”

Referring to the similarity between how Mr. Card acted when Sergeant
Skolfield attempted to contact him and Captain Reamer’s previous
experience with Mr. Card during the West Point incident, he (Captain
Reamer) said, “[s]o it’s not … unheard of for him to kind of handle it
this way.”

• Captain Reamer told Sergeant Skolfield that he (Captain Reamer) had

given him (Sergeant Skolfield) the Army Reserve’s “two cents,” but
added that he (Sergeant Skolfield) should take whatever action he may
deem to be appropriate under the circumstances. In reply, Sergeant
Skolfield said that he was acting on what had been passed on to him
by the Army Reserve unit via [Detective Bagley], referring to his
ongoing attempt to assess whether Mr. Card posed a risk of imminent
danger to any individual.

Referring to the information provided by the Army Reserve via

[Detective Bagley], Captain Reamer indicated that Army Reserve
personnel had tried to fact-check and assess the information contained
in Staff Sergeant Hodgson’s text message, which was the catalyst for
the request for the wellbeing check.

Referring to Staff Sergeant Hodgson and the Army Reserve’s effort to

assess the concerns about Mr. Card’s wellbeing, Captain Reamer said
that he (Staff Sergeant Hodgson) had been unable to give any
information about any specific threat that Mr. Card may have made,
adding that the “validity of the text message” sent by Staff Sergeant
Hodgson was questionable.

However, Captain Reamer indicated, there was enough information

about Mr. Card to cause some concern, including Mr. Card’s history
(e.g., his hospitalization during the summer), which was why,
explained, the Army Reserve was requesting that law enforcement
authorities conduct a well-being check.

32
 • Captain Reamer indicated that the Army Reserve was obligated to treat
a message like the one Staff Sergeant Hodgson sent to First Sergeant
Mote very seriously. However, he added that in the present
circumstances the message must also be taken “with a grain of salt,”
again indicating that Army Reserve personnel questioned the
reliability of the information that Staff Sergeant Hodgson provided.

Referring to Staff Sergeant Hodgson, Captain Reamer repeated to

Sergeant Skolfield that the Army Reserve “considered the source”
when evaluating the information provided in the text message.
Accordingly, he indicated, the Army Reserve was only requesting a
wellbeing check to assess Mr. Card’s status to ensure that he was good
and alive, as well as some documentation about the wellbeing check.

• Sergeant Skolfield told Captain Reamer that he intended to contact

Ryan Card, Mr. Card’s brother, to confirm that the family had removed
the firearms from Mr. Card’s home.

• Captain Reamer indicated that he did not believe that Mr. Card’s
mental health situation would improve, and Sergeant Skolfield agreed
with that proposition.

• In closing, Sergeant Skolfield referred to Maine’s so-called yellow flag

law and the prerequisites for removing firearms from an individual
who poses a danger to themselves or others, indicating that fulfilling
the yellow flag law’s prerequisites would be a “hurdle” in Mr. Card’s
case. In addition, Sergeant Skolfield indicated that he did not want to
do anything that would escalate Mr. Card, referring to the potential for
provoking an unnecessary armed confrontation with Mr. Card that may
result in a use of force.

Thus, Captain Reamer informed Sergeant Skolfield that the Army Reserve’s assessment
of the current concerns about Mr. Card’s mental health indicated that he (Mr. Card) did
not pose a risk of imminent danger to any individual, and that the Army Reserve
therefore requested only a wellbeing check that would determine whether Mr. Card was
at home and alive.

As for Mr. Card’s apparent refusal to answer the door when Sergeant Skolfield
attempted the wellbeing check, Captain Reamer indicated that Mr. Card’s failure to
respond to Sergeant Skolfield’s attempted contact was consistent with how he (Mr. Card)
had acted during the West Point incident described above.

In the West Point situation, Captain Reamer indicated to Sergeant Skolfield, Mr. Card
was uncooperative with attempts by Army Reserve personnel to do a wellbeing check.
Mr. Card reportedly isolated himself in his motel room, but he eventually came out after
some other members of the Reserve unit arrived, and nothing happened, noting that Mr.
Card was unarmed.

33
 Deciding to give Mr. Card some time to himself, Sergeant Skolfield concentrated on
locating and interviewing Ryan Card, Mr. Card’s brother, about his knowledge of
whether Mr. Card had access to firearms.

29. September 16, 2023 (Morning)

At some point during the morning, Maine State Police Sergeant Thomas Pappas stopped
to speak with Sergeant Skolfield while he (Sergeant Skolfield) was parked near Mr.
Card’s house. Sergeant Skolfield explained the situation with Mr. Card to Sergeant
Pappas, who informed Sergeant Skolfield that he (Sergeant Pappas) believed that
Sergeant Skolfield’s response to the mental health concerns was sufficient under the
circumstances. Notwithstanding Sergeant Pappas’ assessment, Sergeant Skolfield
decided to take additional steps in response to those concerns.

30. September 16, 2023 (10:59 AM)

Beginning at 10:59 AM, Sergeant Skolfield attempted to contact Ryan Card, Mr. Card’s
brother, by telephone (calling three telephone numbers that he believed were utilized by
Ryan Card) with the intention of speaking to him about Robert’s mental health, to no
avail.

31. September 16, 2023 (11:09 AM)

At 11:09 AM, Sergeant Skolfield telephoned his supervisor, Lieutenant Brian Quinn, and
discussed the status of his response to the Army Reserve’s concerns about the mental
health of Mr. Card. During the conference, Sergeant Skolfield informed Lieutenant
Quinn that, based on the information provided by Captain Reamer as to the Army
Reserve’s assessment of Mr. Card’s situation and the unsuccessful attempt to conduct a
wellbeing check (other than determining that Mr. Card appeared to be inside his home),
he (Sergeant Skolfield) believed that the best approach would be to leave Mr. Card
alone.

Sergeant Skolfield also advised Lieutenant Quinn that he intended to speak with Ryan
Card, Mr. Card’s brother, and request that Ryan Card assist by removing any firearms
that Mr. Card may possess. In addition, Sergeant Skolfield told Lieutenant Quinn that
he intended to ask Ryan Card to contact the Sagadahoc County Sheriff’s Office if he
(Ryan Card) had or develops any reason to believe that Mr. Card needed a psychiatric
evaluation.

32. September 16, 2023 (11:34 AM)

At 11:34 AM, Sergeant Skolfield attempted to contact Ryan Card by going to the home
of Mr. Card’s father, Robert Card, Sr., on the Meadow Road in Bowdoin, which Sergeant
Skolfield recorded using the Watchguard cruiser camera system.

Sergeant Skolfield told Mr. Card, Sr., that he had been hoping to speak with Ryan Card
to make sure that he (Ryan Card) had Mr. Card’s guns, adding that he (Sergeant
Skolfield) could not get him (Mr. Card) to talk “to us” and that he (Mr. Card) “won’t

34
 answer the door.” Sergeant Skolfield indicated that he understood that Ryan Card had
Mr. Card’s weapons, but that he (Sergeant Skolfield) “wanted to make sure that that’s
the case.” In response to a question from Sergeant Skolfield, Mr. Card, Sr., said that he
was not familiar with the status of Mr. Card’s firearms. Mr. Card, Sr., advised Sergeant
Skolfield to speak to Ryan Card about the firearms.

Before leaving, Sergeant Skolfield told Mr. Card, Sr., that he (Sergeant Skolfield) was
only trying to make sure that Mr. Card didn’t do anything “foolish.” Although it’s
difficult to hear in the recording, Mr. Card, Sr., apparently referring to Mr. Card’s mental
health, said something to the effect of, “It doesn’t sound good.” He did not say anything
to Sergeant Skolfield about whether Mr. Card posed an imminent risk of danger to
anyone.

Next, Sergeant Skolfield believes that he went to Ryan Card’s home, but discovered that
he (Ryan Card) was not there.

33. September 16, 2023 (12:04 PM)

At 12:04 PM, the Sagadahoc County Communications Center assigned Sergeant

Skolfield to a call for service to investigate a domestic violence incident in
Bowdoinham, which required his full attention during the remainder of the shift and
beyond. Consequently, Sergeant Skolfield was unable to continue his follow-up work
regarding Mr. Card’s situation, although, as he reported to Lieutenant Quinn, the Card
matter did not then require any immediate action.

34. September 17, 2023 (2:42 PM)

At 2:42 PM, Sergeant Skolfield had a telephone conference with Ryan Card, who
assured him (Sergeant Skolfield) that he (Ryan Card) and his father (Mr. Card, Sr.)
would work together to move Mr. Card’s firearms from a safe at the Card family farm
that Mr. Card could access to another secure location.

In addition, Ryan Card told Sergeant Skolfield that he (Ryan Card) was aware that Mr.
Card had answered the door at his trailer with a handgun that he kept outside the line of
sight of the person at the door, apparently a reference to what Ms. Card had previously
disclosed. Ryan Card told Sergeant Skolfield that he would “work with” Mr. Card to
ensure that he does not have any firearms independent of those in the family gun safe at
the Card farm.

Sergeant Skolfield informed Ryan Card that the Sagadahoc County Sheriff’s Office
intended to ensure that Mr. Card would not do anything to harm himself and others. On
that note, Sergeant Skolfield asked Ryan Card to determine whether Mr. Card required a
psychiatric evaluation when he (Ryan Card) is communicating with him (Mr. Card). If
so, Sergeant Skolfield told Ryan Card that Sheriff’s Office personnel would be willing to
assist Ryan Card in arranging for Mr. Card to be evaluated.

Subsequently, Ryan Card contacted Sergeant Skolfield and reiterated that he (Ryan
Card) and his father (Mr. Card, Sr.) would be working together to ensure that Mr. Card

35
 did not have access to any firearms, adding that they have a plan for securing the
weapons.

After Sergeant Skolfield’s conference with Ryan Card on September 17, 2023, the
Sagadahoc County Sheriff’s Office concluded its response to the concerns about Mr.
Card’s mental health, having established through various means, including discussions
with Army Reserve personnel at the command staff level about its determination that
Mr. Card did not currently pose an imminent risk of danger to any specific individual,
any specific location, or the community, attempting a wellbeing check at Mr. Card’s
home (and receiving a lack of response that was consistent with Mr. Card’s response in
conceptually similar circumstances experienced by Army Reserve personnel in July
2023), and receiving assurances from Mr. Card’s family members that they would ensure
that Mr. Card did not have access to firearms and that they would contact the Sheriff’s
Office if Mr. Card’s mental health deteriorated if they had any reason in the future to
believe that a psychiatric evaluation was necessary to protect Mr. Card and others from
imminent danger.

October 2023

35. October 18, 2023

Following a routine Interstate Identification Index (“III”) protocol, the FBI sent a
computerized message to the Sagadahoc County Communications Center approximately
30 days after the File 6 for Mr. Card was entered into the III system and inquired
whether the File 6 should be extended or removed from the system. By that time, the
Sagadahoc County Sheriff’s Office had not received any information, including from the
Army Reserve or the Card family, that additional concerns about Mr. Card’s mental
health had emerged. Consequently, Sergeant Skolfield authorized the cancellation of the
File 6, although the “armed and dangerous” flag remained in the in-house computer
system.

36. October 19, 2023

According to a news media article citing a police report,8 Mr. Card was making a
delivery to a store in New Hampshire as part of his truck driver duties when he accused
employees at the store of talking about him, leading one employee to believe that Mr.
Card was hearing voices. An employee at the store where Mr. Card was making the
delivery, told police officials that Mr. Card “got in his face,” but did not make a direct
threat, although, speaking to store employees, he said, “Maybe you will be the ones I
snap on.” One or more of the employees reportedly informed the police after the mass
shooting in Lewiston that they recognized Mr. Card as the truck driver who had been
confrontational with them. The Sagadahoc County Sheriff’s Office was not aware of the

8
https://www.pressherald.com/2023/11/03/lewiston-shooter-warned-he-might-snap-on-
employees-at-bakery-outlet-days-before-rampage/ (last visited on November 17, 2023).

36
 confrontation between Mr. Card and the store employees in New Hampshire prior to the
mass shootings on October 25, 2023.

37. October 25, 2023

Tragically, law enforcement officials reportedly established that Mr. Card shot multiple
people at two locations in Lewiston, which killed 18 victims and wounded many other
victims.

According to a news report citing “multiple law enforcement sources,” Mr. Card legally
purchased the weapon that he reportedly used during the mass shootings (and a Beretta
semi-automatic pistol, which is reportedly a standard sidearm for military personnel)
from a Maine gun store ten days before he was hospitalized in New York on July 2023.9

38. October 27, 2023

On October 27, 2023, Maine State Police Detective Blake Conrad submitted an affidavit
in support of an application for a search warrant for Mr. Card’s cellular telephone
records (“affidavit”).10 In the affidavit, Detective Conrad stated that Mr. Card’s brother
(believed to be Ryan Card, although the name is redacted) and Mr. Card’s father (i.e.,
Robert Card, Sr.) had tried to help Mr. Card, but he (i.e., Mr. Card) “could not be
reasoned with.” Affidavit at ¶ 20 (pp. 10-11). According to (the person believed to be
Ryan Card, although the name is redacted), Mr. Card agreed to have (the name is
redacted but it is the person believed to be Ryan Card) change the access code to the gun
safe in his garage (apparently to prevent Mr. Card from gaining access to firearms due to
the concerns about his behavior), which happened “a few months ago.” Id. However,
Mr. Card reportedly had a key to the safe (that would override the code mechanism), so
he had access to his firearms prior to the shootings on October 25, 2023. Id.

Considering the circumstances, it appears that the changing of the code to Mr. Card’s
firearms safe occurred after Ryan Card informed Sergeant Skolfield that he and his
father would restrict Mr. Card’s access to firearms.

After a two-day search for Mr. Card, law enforcement officials discovered his body in
Lisbon Falls on October 27, 2023. Mr. Card reportedly died as a result of a self-inflicted
gunshot wound.

9
https://www.cnn.com/2023/10/27/us/maine-shootings-suspect-search-friday/index.html (last
visited on November 18, 2023).
10
The affidavit is available online at https://www.courts.maine.gov/news/card/warrant-affidavit-
conrad.pdf with name redactions.

37
 DISCUSSION

I. What is the role of the Sagadahoc County Sheriff’s Office when responding to calls
for service involving mental health concerns and what options are available?

A. The Backdrop

Like any other government agency with law enforcement responsibilities, the Sagadahoc
County Sheriff’s Office’s “involvement with mentally ill persons is grounded in two common
law principles: (1) The power and responsibility of the police to protect the safety and welfare of
the public, and (2) parens patriae, which dictates protection for disabled citizens such as
mentally ill persons.” Linda A. Teplin,11 Keeping the Peace: Police Discretion and Mentally Ill
Persons, NATIONAL INSTITUTE OF JUSTICE JOURNAL, 8, 9 (July 2000). When responding to a
situation involving mental health concerns, law enforcement officers must assess the situation, as
well as the person of concern, a process that is often comprised of many moving parts, and then
devise an approach that would serve the interests of the community and the person of concern.
Depending on the circumstances, the response may involve an arrest for a serious crime with or
without a use of force, a crisis-intervention by a trained officer for de-escalation purposes, a
crisis-intervention by another professional, de-escalating care by a third party (such as a family
member), or, if the person of concern is mentally ill, a voluntary psychiatric evaluation (and
treatment), or taking the person into protective custody for an involuntary psychiatric evaluation
(and treatment).

Responding law enforcement officers and persons of concern are at risk of personal
injury and death in mental health-related situations. For example, the Third Annual Report of the
Maine Deadly Force Review Panel12 (“DFRP”), which was submitted to the Joint Standing
Committee on the Judiciary of the Maine Legislature in January 2023, reported that 74% of the
cases in which Maine law enforcement officers used deadly force since 2019 involved
individuals who were in a mental health crisis and/or were suicidal, including three individuals
who said that they intended to commit “suicide by cop.”13 DFRP 2023 Report at 2. Noting that
74% of deadly force incidents reviewed by the DFRP had a mental health component, the DFRP
2023 Report stated as follows:

The 2008 report of the Ad Hoc Task Force on the Use of Deadly Force by
Law Enforcement Officers Against Individuals Suffering from Mental
Illness, as well as the two previous annual reports of the Deadly Force
Review Panel, referenced the presence of unmet behavioral health and

11
When her journal article was published, Linda A. Teplin, PhD, was a Professor of Psychiatry
and Director of the Psycho-Legal Studies Program at Northwestern University Medical School.
12
Sagadahoc County Sheriff Joel Merry and Saco Police Chief Jack Clements are members of
the Panel.
13
In addition, 100% of the individuals subjected to a use of deadly force possessed weapons
during the incidents, 26% were prohibited from possessing firearms, and 63% used their
weapons during the incident leading to a use of deadly force.

38
 substance use disorder needs in deadly force incidents, and included
recommendations calling for:

• Additional behavioral health and substance use disorder treatment

resources, especially in rural areas.

• Better collaboration and communication between behavioral

providers and law enforcement.

DFRP 2023 Report at 3.

To help address unmet needs, the DFRP reported that it had previously recommended that
procedures for protective custody and involuntary admissions to psychiatric hospitals should be
subjects of educational programs and that collaboration involving law enforcement agencies,
community behavioral health providers and local hospitals should be enhanced. Id. In response
to that recommendation, the Maine Criminal Justice Academy (“MCJA”) revised a lesson plan
entitled Restricting Access to Dangerous Weapons and distributed the lesson plan to all Maine
law enforcement agencies (including the Sagadahoc County Sheriff’s Office) for educational
purposes. Id. In the 2023 Report, the DFRP made additional recommendations, including
expanded education and information regarding reliance on protective custody and the use of
telehealth connections with mental health care providers to facilitate “likelihood of foreseeable
harm” evaluations to make activation of the weapons restriction statute (i.e., the “yellow flag”
statute) more efficient. Id. at 3-4. Additionally, the Panel expressed support for the Maine
Department of Health & Human Services in their efforts “to expand community treatment
services for individuals requiring mental health treatment and supports the current efforts to
provide additional resources for expanded behavioral mental health services.” Id. at 4.

The MCJA, in collaboration with the Maine Chiefs of Police Association and the Maine
Office of the Attorney General, also distributed the September 1, 2019 Edition of the New Law
Update, a recurring publication with information about “new and amended public laws relevant
to law enforcement officers,” with a description of procedures for potential weapon restrictions
after law enforcement officers take a mentally ill person into protective custody, together with a
link to the statute, which was enacted as 34-B M.R.S. § 3862-A. The publication was distributed
to all law enforcement agencies, including the Sagadahoc County Sheriff’s Office.

Moreover, the MCJA Board of Trustees adopted a Minimum Standard (Policy No. 5)
entitled Response to Mental Illness, Involuntary Commitment & Protection from Substantial
Threats Policy on November 19, 2021, which became effective on January 1, 2022, and required
all Maine law enforcement agencies to adopt a corresponding policy. The Sagadahoc County
Sheriff’s Office adopted the policy mandated by the MCJA Board of Trustees on February 20,
2022, which provides guidance to SCSO personnel “on the options and resources available to
assist individuals who appear to be mentally ill or experiencing a mental health crisis, as well as
on the procedures for protective custody, emergency involuntary commitment, involuntary
commitment, and protection from substantial threats (i.e., Maine’s “yellow flag law”).

Putting a premium on promoting the safety of law enforcement officers, mentally ill
persons, family members of mentally ill persons, and community members, Maine law

39
enforcement agencies, including the Sagadahoc County Sheriff’s Office, train personnel to
intervene with mentally ill persons through participation in a training program that builds Crisis
Intervention Teams (CIT). The CIT program is designed as “a foundation necessary to promote
community and statewide solutions to assist individuals with a mental illness.” Crisis
Intervention Team Core Elements, at 3 (2007). Sixteen members of the Sagadahoc County
Sheriff’s Office were certified as CIT members after completing the 40-hour training program,
including Lieutenant Brian Quinn, Sergeant Aaron Skolfield, Corporal Michael Fitzpatrick,
Deputy Chad Carleton, and Deputy Zach Kindelan, all of whom participated in some way with
the SCSO response to concerns about Mr. Card’s mental health. In addition, six SCSO
personnel, including Sheriff Merry, Lieutenant Quinn, Corporal Fitzpatrick, and Deputy
Kindelan completed an 8-hour Mental Health First Aid training program, which was designed to
help people who may be experiencing a mental health problem or crises and focused on the risk
factors and warning signs of mental health problems, information on depression, anxiety, trauma,
psychosis, and addiction disorders; a five-step action plan to help someone developing a mental
health problem or in crisis; and information about where a person may turn for help, including
professional, peer, and self-help resources.

Law enforcement agencies are increasingly employing behavioral health liaison

personnel to collaborate with law enforcement officers in the field during responses to persons in
psychiatric crisis or concerns about the mental health of community members, which is in line
with the recommendations of the Deadly Force Review Panel and DHHS efforts to increase
community treatment services. In May 2023, the Sagadahoc County Sheriff’s Office partnered
with the Bath Police Department, the Topsham Police Department, and the Brunswick Police
Department in a contract with Sweetser, a Maine-based mental health care provider, for the
establishment and staffing of a shared mental health liaison position. Due to logistics, the mental
health liaison position was not filled until October 2023. Pursuant to the arrangement, the
mental health liaison will:

• Accompany first-responding officers to call-out situations, promoting an

ethical, structured, healthy and helpful environment.

• Serve as behavioral health liaison to the Sagadahoc County Sheriff’s

Office, the Bath Police Department, the Topsham Police Department, and
the Brunswick Police Department.

• Provide follow-up services after police involvement and provide

connections to community services and providers to address ongoing
housing, food insecurities, insurance, employment and mental health and
substance abuse treatment needs.

• Provide individuals with support and advocacy until appropriate

community resources are available.

• In appropriate circumstances, provide crisis intervention services including

crisis assessment, disposition and short-term follow-up crisis counseling.

40
 • Have a thorough knowledge of local resources and work to connect
individuals identified by the law enforcement agency partners with needed
social services and community support.

• Develop and maintain a thorough knowledge of managed care and health

insurance systems.

• Provide other clinicians with managed care information and resources

pertinent to the crises being managed.

• Establish strong working relationships with community providers.

• Deliver trainings and mentoring to the employees of the partner law

enforcement agencies on the topics of mental health and substance use,
stigma, Naloxone, harm reduction, suicide prevention, crisis intervention,
and de-escalation strategies.

• Participate in the cross-training of law enforcement personnel.

• Provide the partner law enforcement agencies with Critical Incident Stress
Management (CISM) and Mental Health First Aid, as needed.

Thus, the multi-disciplinary approach taken by the Sagadahoc County Sheriff’s Office
and its law enforcement agency partners under this arrangement substantially, along with CIT
training programs, enhance the capacity of the agencies to manage its responses to calls for
service with mental health components. To reduce the potential for injuries to persons in crisis
and law enforcement officers, Sagadahoc County Sheriff’s Office personnel already try to follow
CIT de-escalation practices to avoid an unintended escalation of a mental health-related situation
to the point of where a use of force, especially deadly force, may become necessary. Now, when
circumstances allow for it, Sheriff’s personnel may be able to rely on the expertise of the mental
health liaison to de-escalate a situation that may have been otherwise difficult to manage.

Some agencies, however, do not respond to situations that require community caretaking,
as opposed to law enforcement, functions. For example, the Maine State Police Tactical Team,
regional tactical teams, and Maine Warden Service personnel reportedly will not respond to
situations involving threats of suicides because their presence may escalate the situation into one
requiring a use of force. Law enforcement agencies and officers are also concerned about the
potential for liability in such situations, including civil causes of action alleging that a state-
created danger caused an avoidable death or injury, a concept described below.

B. What options does the Sagadahoc County Sheriff’s Office have when
responding to concerns about an individual’s mental health?

The Sagadahoc County Sheriff’s Office, like any Maine law enforcement agency, has
four statutory options to consider when responding to concerns about an individual’s mental
health. Only two of those options, which involve a voluntary psychiatric evaluation or the
protective custody process, have any practical application to an agency’s response to concerns

41
about a person’s mental health in emergent circumstances requiring immediate action.
Otherwise, law enforcement agencies properly defer to the expertise of professional mental
health care providers in non-emergency settings that do not require a law enforcement response.

1. Voluntary Psychiatric Evaluation

If a law enforcement officer responding to concerns about a person’s mental health does
not have probable cause to arrest the person for a criminal offense or the surrounding
circumstances do not require or favor an immediate arrest, the officer would, as part of the
officer’s community caretaker responsibilities, consider whether the person appears to be
mentally ill, a status that Maine law defines as follows (reformatted into paragraphs for clarity):

“Mentally ill person” means a person having a psychiatric or other disease

that substantially impairs that person’s mental health or creates a substantial
risk of suicide.

“Mentally ill person” includes persons suffering effects from the use of
drugs, narcotics, hallucinogens or intoxicants, including alcohol.

A person with developmental disabilities or a person diagnosed as a

sociopath[14] is not for those reasons alone a mentally ill person.

34-B M.R.S. § 3801(5) (emphasis supplied). It is noteworthy that an individual diagnosed as a

“sociopath” (i.e., a psychopath) is not for that reason alone considered to be a “mentally ill
person” for the purposes of Maine’s Mental Health statutes.

Noting that law enforcement officers are not professional mental health care providers, if
the officer suspects that the person of concern is likely mentally ill, meaning showing symptoms
of a psychiatric or other disease that is substantially impairing that person’s mental health or
creates a substantial risk of suicide, the officer would then ascertain whether the individual
would agree to submit to a voluntary admission15 to a psychiatric hospital on an informal basis
for care and treatment of “a mental illness.” See 34-B M.R.S. § 3831. In other words, the officer
must obtain consent from the person of concern before bringing that person to a psychiatric
facility for evaluation and, if warranted, treatment.

If the person of concern consents to a psychiatric evaluation, the involved officer will
take the person to a general hospital that has a psychiatric unit, where a professional mental

14
Although mental health care professionals may define the term differently, Black’s Law
Dictionary equates the term “sociopath” with “psychopath,” which it defines, in pertinent part, as
“[a] person with a mental disorder characterized by an extremely antisocial personality that often
leads to aggressive, perverted or criminal behavior” and “[l]oosely, a person who is mentally ill
or unstable.” BLACK’S LAW DICTIONARY 1263, 1425 (Deluxe 8th ed. 2004).
15
If the person of concern is under 18 years of age, any admission to a psychiatric hospital must
be done with the consent of the person’s parent or guardian, and, if the person of concern is a
ward of a legally appointed guardian, the guardian must consent to the, and the ward must not
object to, the informal admission to the psychiatric facility. 34-B M.R.S. § 3831(3), (5).

42
health care provider would determine whether the prerequisites of § 3801(5) (defining a mentally
ill person) and § 3831 (legal authority for admission of a patient to a psychiatric hospital on an
informal voluntary basis for care and treatment). There, hospital policy may require the person
of interest to be “cleared” by a health care provider in the hospital’s emergency department
before the person is seen by the psychiatric staff for a mental health evaluation. In those
instances, persons of concern may revoke their consent to a psychiatric evaluation and decide to
leave the hospital before the psychiatric staff have an opportunity to complete the evaluation.
Unless the involved officer or hospital staff have information that meets the legal prerequisites
for protective custody, the person of concern must be permitted to leave the hospital.

On the one hand, a person of concern who initially consents to a voluntary, informal
examination at a psychiatric facility may revoke the consent at any time prior to the completion
of the evaluation and leave the facility. That person’s departure from the psychiatric facility
cannot be prevented unless there are grounds to take the person into protective custody, a
process that, if certain prerequisites are met, may be initiated in the absence of consent from the
person of concern, but would be initiated by someone other than a law enforcement officer, most
likely by a professional mental health care provider at the psychiatric facility where the person of
concern has been admitted (and the involved law enforcement officer is not present). However,
if a law enforcement officer with the prerequisite knowledge of grounds for taking the person of
concern into protective custody is present at the psychiatric facility when the person of concern
attempts to leave, the law enforcement officer may take the person of concern into protective
custody, which involves a process described below.

On the other hand, a person who has been admitted to a psychiatric hospital is “free to
leave the psychiatric hospital at any time after admission within 16 hours of the patient’s
request,” unless the psychiatric facility initiates an emergency involuntary commitment process
within that time. See 34-B M.R.S. § 3832 (freedom to leave a psychiatric facility), § 3863
(emergency procedure for involuntary admission to a psychiatric hospital).

Thus, a voluntary psychiatric evaluation is a useful option if the process unfolds in the
way that is contemplated by § 3831, but a voluntary evaluation can be short-circuited or become
complicated and increasingly formal if the person of concern withdraws his or her consent for
the evaluation.

2. Emergency Involuntary Commitment

As noted above, a person who has been admitted to a psychiatric hospital is “free to leave
the psychiatric hospital at any time after admission within 16 hours of the patient’s request,”
unless the psychiatric facility initiates an emergency involuntary commitment process within that
time. See 34-B M.R.S. § 3832 (freedom to leave a psychiatric facility).

An application for an emergency involuntary commitment must demonstrate that the

applicant has grounds to believe (after a psychiatric examination) that the person of concern is
“mentally ill and, because of the person’s illness, poses a likelihood of serious harm” to the
patient or others, which requires judicial approval and judicial imposition of restrictions on the
length of the person’s hospitalization. See 34-B M.R.S. § 3863 (emergency procedure for
involuntary admission to a psychiatric hospital).

43
 Although the relevant statute permits a law enforcement officer to file an application for
an emergency involuntary commitment of a person of concern, id., it is most likely that it would
be submitted by a professional mental health care provide who possesses the necessary expertise
and experience with the person of concern.

3. Protective Custody

In Maine, a law enforcement “may” (but is not required to) take a person of concern into
protective custody, but doing so, in pertinent part, must be premised on “probable cause to
believe that a person may be mentally ill and that due to that condition the person poses a
likelihood of serious harm as defined in [34-B M.R.S. § 3801(4-A)(A), (B) or (C)],” and “shall
deliver the person immediately for examination by a medical practitioner ….” 34-B M.R.S. §
3862(1).

In the context of protective custody situations, Maine law defines “likelihood of serious
harm” as follows:

A. A substantial risk of physical harm to the person as manifested by recent

threats, or attempts at, suicide or serious self-inflicted harm;

B. A substantial risk of physical harm to other persons as manifested by

recent homicidal or violent behavior or by recent conduct placing others
in reasonable fear of serious physical harm;

C. A reasonable certainty that the person will suffer severe physical or

mental harm as manifested by recent behavior demonstrating an
inability to avoid risk or to protect the person adequately from
impairment or injury; or

D. For the purposes of [34-B M.R.S. § 3873-A], in view of the person’s

treatment history, current behavior and inability to make an informed
decision, a reasonable likelihood that the person’s mental health will
deteriorate and that the person will in the foreseeable future pose a
likelihood of serious harm as defined in paragraphs A, B or C.

34-B M.R.S. § 3801(4-A).

The protective custody option is a practical approach to situations in which the person of
interest is at risk of self-harm or where there are substantiated concerns that the person of interest
may cause harm to others. It is not unusual for Maine law enforcement officers to exercise this
option and then place the person of concern into the care of a professional mental health care
provider who would then become responsible for diagnosis and, as appropriate, treatment of the
person of concern.

4. Action Under Maine’s Progressive Treatment Program

In Maine, a law enforcement officer or the superintendent or chief administrative officer

of a psychiatric hospital, a medical practitioner, the legal guardian of the person of concern, the

44
director of an outpatient mental health treatment (ACT) team, or a State commissioner with
oversight of mental health programs may apply to a judge of the Maine District Court for
admission of a person of concern to a “progressive treatment program” if the following
conditions are met:

A. The patient suffers from a severe and persistent mental illness;

B. The patient poses a likelihood of serious harm;

C. The patient has the benefit of a suitable individualized treatment plan;

D. Licensed and qualified community providers are available to support the

treatment plan;

E. The patient is unlikely to follow the treatment plan voluntarily;

F. Court-ordered compliance will help to protect the patient from

interruptions in treatment, relapses or deterioration of mental health; and

G. Compliance will enable the patient to survive more safely in a

community setting without posing a likelihood of serious harm.

34-B M.R.S. § 3873-A(1).

By law, an application to a judge for admission of the person of concern must be

accompanied by a certificate from a medical practitioner that provides the facts and opinions
necessary to support the application and must indicate that the practitioner’s opinions about the
person of concern are based on one or more recent examinations of the person or the
practitioner’s recent treatment of the person. Id. at § 3873-A(2).

The practitioner’s opinions “may be based on personal observation and must include a
consideration of history and information from other sources considered reliable by the
[practitioner] when such sources are available.” Id. The application “must include a proposed
individualized treatment plan and identify one or more licensed and qualified community
providers willing to support the plan.” Id.

Finally, “the applicant must provide a written statement certifying that a copy of the
application and the accompanying documents have been given personally to the patient and that
the patient and the patient’s guardian or next of kin, if any, have been notified of: (A) The
patient’s right to retain an attorney or to have an attorney appointed; (B) The patient’s right to
select or to have the patient’s attorney select an independent examiner; and (C) How to contact
the District Court.” Id.

From a practical standpoint, this option, although Maine law enforcement officers are
permitted to apply for a person of concern’s admission to a progressive treatment program, a
professional mental health care provider would be more qualified to make the application.
Moreover, as described above, the procedure for a person of concern’s admission into a

45
progressive treatment program is a slow process that is not adaptable to the emergent situations
that a law enforcement officer would encounter.

C. What are the prerequisites under Maine law for a response by the Sagadahoc
County Sheriff’s Office to a situation in which a mentally ill person is in
possession of weapons?

The Sagadahoc County Sheriff’s Office, like every Maine law enforcement agency, has
several options when responding to a situation in which a mentally ill person is in possession of
weapons. However, the selection or availability of those options depends on the circumstances,
including whether the situation involves a realistic potential for imminent self-harm or imminent
harm to others, as well as other safety considerations.16

It is preferable for law enforcement agencies to resolve a situation in which a mentally ill
person is in possession of weapons, by consent, either by a voluntary surrender of the firearms to
a law enforcement agency for safekeeping or by arranging for a transfer of possession of the
firearms to a third-party for safekeeping. That is a beneficial approach regardless of whether the
person of concern poses a risk of self-harm or harm to others, which is a procedure that would
not require legal proceedings. Like other Maine law enforcement agencies, the Sagadahoc
County Sheriff’s Office routinely impounds firearms by consent. For example, since January 1,
2020, the Sheriff’s Office impounded 16 firearms (4 long guns and 12 handguns) from
individuals who were mentally ill, expressed suicidal ideation, or made suicide attempts,
although none were taken pursuant to 34-B M.R.S. § 3862-A after it became effective on July 1,
2020. In addition, the Sheriff’s Office has also impounded firearms in other situations that may
involve individuals with mental illness or who have otherwise exhibited dangerous behavior.17

When a voluntary surrender of firearms to a law enforcement agency or transfer of

firearms to a third-party is impossible or is not feasible for any other reason, Maine’s “yellow
flag” law provides a level of protection from substantial threats involving firearms to persons at
risk, which is available only after a law enforcement officer takes a person of concern into
protective custody. In pertinent part, the following conditions must be met, and the following
procedures must be fulfilled:

• Protective custody. After a law enforcement officer takes the person of

concern into protective custody18 the officer “shall provide to the medical

16
See 34-B M.R.S. § 3862-A, Maine’s so-called “yellow flag” law.
17
The Sheriff’s Office also impounded 44 firearms (30 long guns and 14 handguns) from
individuals who were prohibited from possessing firearms pursuant to protection of abuse orders
and 35 firearms (30 long guns and 5 handguns) from defendants in criminal cases who had bail
conditions prohibiting the possession of firearms. In total, the Sheriff’s Office impounded 95
firearms (64 long guns and 31 handguns), including the firearms taken due to mental illness and
suicide concerns, since January 1, 2020.
18
Taking a person into protective custody requires, in pertinent part, “probable cause to believe
that [the] person may be mentally ill and that due to that condition the person poses a likelihood
of serious harm as defined in [34-B M.R.S. § 3801(4-A)(A), (B) or (C)].” 34-B M.R.S. § 3862.

46
 practitioner [who evaluates the person of concern] the information that led
to the protective custody including, but not limited to, the information that
gave rise to the probable cause determination, the person’s pertinent
criminal history record information and other known history and recent or
recurring actions and behaviors.” 34-B M.R.S. § 3862-A(2)(A).

• Medical assessment of a likelihood of foreseeable harm. The medical

practitioner who evaluates the person of concern “shall assess whether the
person presents a likelihood of foreseeable harm.” Id. at § 3862-A(2)(B).
“In assessing the person, [the] medical practitioner may consult with other
medical professionals as the medical practitioner determines advisable.”
Id. “If the medical practitioner finds that the person can benefit from
treatment and services, the medical practitioner shall refer the person to
treatment and services.” Id.

“‘Likelihood of foreseeable harm’ means a substantial risk in the

foreseeable future of serious physical harm to the person as manifested by
recent behaviors or threats of, or attempts at, suicide, or serious self-
inflicted harm; or a substantial risk in the foreseeable future of serious
physical harm to other persons as manifested by recent homicidal or violent
behavior or by recent conduct or statements placing others in reasonable
fear of serious physical harm.” Id. at § 3862-A(1)(G).

After evaluating the person of concern, the “medical practitioner shall

notify in writing the law enforcement officer or law enforcement agency
that, based on the assessment [performed under § 3862-A(2)(B)] the person
is found to present a likelihood of foreseeable harm.” Id. at § 3862-A(3).

• Judicial endorsement. If the medical practitioner determines that the

person of concern presents a likelihood of foreseeable harm, the law
enforcement officer or law enforcement agency shall as soon as practicable
seek endorsement by a Superior Court Justice, District Court Judge, judge
of probate or justice of the peace of the medical practitioner’s assessment
and law enforcement declarations that the person was taken into protective
custody and that the law enforcement officer has probable cause [to
believe] that the person possesses, controls or may acquire a dangerous
weapon.[19]” Id. at § 3862-A(3).

“The judge or justice shall promptly transmit to the law enforcement

officer or agency the decision to endorse or not endorse.” Id. The judicial

19
Per 34-B M.R.S. § 3862-A(1)(A), the term “dangerous weapon” or “weapon” has the same
meaning as in 17-A M.R.S. § 2(9)(C), including a firearm as defined by 17-A M.R.S. § 2(12-A).
It appears from §2(9)(C) that “dangerous weapon” or “weapon” encompasses firearms, as well as
any “any device designed as a weapon and capable of producing death or serious bodily injury.”

47
 endorsement “must authorize law enforcement to execute the authority in
[§ 3862-A(4)].

• Notice to person of concern. As soon as practicable, but no later than 24

hours after a judicial endorsement, a law enforcement officer “shall …
[notify] the restricted person [i.e., the person of concern] that (a) the
[person of concern] [i]s prohibited from possessing, controlling, acquiring
or attempting to possess, control or acquire a dangerous weapon pending
the outcome of a judicial hearing; (b) [the person of concern] [i]s required
to immediately and temporarily surrender any weapons possessed,
controlled or acquired by the restricted person [i.e., the person of concern]
to a law enforcement officer who has authority in the jurisdiction in which
the weapons are located pending the outcome of a judicial hearing; and (c)
[the person of concern] [h]as a right to a judicial hearing within 14 days of
[the notification by the law enforcement officer].” Id. at § 3862-A(4)(B).

The law enforcement officer must “[n]otify the contact person, if any,
disclosed by the restricted person to the medical practitioner and the district
attorney in the district of the restricted person’s residence of the person’s
restricted status” and “[r]eport the person’s restricted status to the
Department of Public Safety.” Id.

• Effective date of prohibition. After the law enforcement officer gives the
notice (as required by § 3862-A(4)(B)) to the person of concern, that
person “(1) [i]s prohibited from possessing, controlling, acquiring or
attempting to possess, control or acquire a dangerous weapon pending the
outcome of a judicial hearing; (2) [s]hall immediately and temporarily
surrender any weapons possessed, controlled or acquired by the restricted
person to a law enforcement officer who has authority in the jurisdiction in
which the weapons are located pending the outcome of a judicial hearing;
and (3) [h]as a right to a judicial hearing within 14 days of [the notification
from the law enforcement officer].” Id. at § 3862-A(4)(A).

• Failure to surrender weapons. “If a law enforcement agency has probable

cause to believe the restricted person possesses or controls but has not
surrendered a weapon, law enforcement may, prior to or as part of a
judicial hearing, search for and seize such a weapon when authorized by a
judicially issued warrant or other circumstances approved by law.” Id. at §
3862-A(5).

• Subsequent judicial review. The statute provides for judicial review of the
firearm-related restrictions imposed on the person of concern imposed by
the court order issued pursuant to § 3862-A within 14 days of the law
enforcement officer’s notification to the person of concern, which will

48
 determine whether the restrictions must be extended or dissolved.20 Id. at §
3862-A(6).

As to the burden of proof at the hearing, the District Attorney “has the
burden to prove by clear and convincing evidence that the restrict person
presents a likelihood of foreseeable harm.” Id. at § 3862-A(6)(B).

If the court determines that the prosecution has met its burden, it will issue
an order indicating that the weapons-related restriction will remain in place
for up to one year. Id. at § 3862-A(6).

The court must schedule another hearing within 45 days prior to the
expiration of the order to determine whether the order should be extended.
Id. The District Attorney has the burden to prove at the subsequent hearing
that the restricted person continues to pose a likelihood of foreseeable
harm; if proven, the court is authorized to extend the restrictions for up to
an additional year. Id.

• Consequences of a restricted person’s possession of a weapon.

Possession of a dangerous weapon by a restricted person is a Class D
criminal offense, a misdemeanor. Id. at § 3862-A(8).

In summary, the prophylactic measures against mentally ill persons in possession of

dangerous weapons that are provided by the so-called “yellow flag” law are available to the
Sagadahoc County Sheriff’s Office and other Maine law enforcement agencies only when the
following threshold conditions are met:

• Protective custody. A law enforcement officer has taken the person of

concern into protective custody upon probable cause to believe that the

20
In terms of the subject matter of the hearing, “the court shall consider all relevant evidence in,
including, but not limited to, recent threats or acts of violence by the restricted person directed
toward other persons; recent threats or acts of violence by the restrict person directed toward the
restricted person; recent acts of unlawful abuse of animals by the restrict person; the reckless use
or threatening display of a dangerous weapon by the restricted person; a history of the use,
attempted use or threatening display of a dangerous weapon by the restricted person; a history of
the use, attempted use of physical force by the restricted person against other persons; a record of
prior custodial events or restrictions under this section; prior involuntary confinement of the
restricted person in a hospital for persons with psychiatric disabilities; prior protection from
abuse and protection from harassment orders against the restricted person or violations regarding
protection from abuse or protection from harassment by the restricted person; evidence of
stalking behavior, severe obsession or sexual violence by the restrict person; the illegal use of
controlled substances by the restricted person; and evidence of alcohol or drug abuse by the
restricted person. The court shall also consider whether the restricted person is receiving
treatment responsive to that person’s mental health or substance abuse needs.” Id. at § 3862-
A(6).

49
 person may be mentally ill and that due to the person’s mental illness the
person poses a likelihood of serious harm21 because:

• There is a substantial risk of physical harm to the person as manifested

by recent threats, or attempts at, suicide or serious self-inflicted harm;

• There is a substantial risk of physical harm to other persons as

manifested by recent homicidal or violent behavior or by recent
conduct placing others in reasonable fear of serious physical harm;

• There is a reasonable certainty that the person will suffer severe

physical or mental harm as manifested by recent behavior
demonstrating an inability to avoid risk or to protect the person
adequately from impairment or injury; or

• For the purposes of 34-B M.R.S. § 3873-A, the progressive treatment

program statute, in view of the person’s treatment history, current
behavior and inability to make an informed decision, a reasonable
likelihood that the person’s mental health will deteriorate, and that the
person will in the foreseeable future pose a likelihood of serious harm
as defined in paragraphs A, B or C.

34-B M.R.S. § 3801(4-A) (defining likelihood of serious harm).

• Medical evaluation confirming a likelihood of foreseeable harm. A

medical practitioner assesses the person of concern and determines that the
person of concern presents a likelihood of foreseeable harm, meaning a
substantial risk in the foreseeable future of serious physical harm to the
person as manifested by recent behaviors or threats of, or attempts at,
suicide, or serious self-inflicted harm; or a substantial risk in the
foreseeable future of serious physical harm to other persons as manifested
by recent homicidal or violent behavior or by recent conduct or statements
placing others in reasonable fear of serious physical harm.”22

• Judicial endorsement. A judge endorses firearms-related restrictions after

reviewing the medical practitioner’s assessment that the person of concern
poses a substantial risk of harm in the foreseeable future and law
enforcement declarations that the person was taken into protective custody

21
34-B M.R.S. § 3862(1) (specifying a law enforcement officer’s power to take a person into
protective custody).
22
34-B M.R.S. § 3862-A(2)(B) (duty to assess whether the person of concern presents a
likelihood of foreseeable harm), 3862-A(3) (notification to the law enforcement officer of a
determination that the person of concern presents a likelihood of foreseeable harm), 3862-
A(1)(G) (defining foreseeable harm).

50
 and that the law enforcement officer has probable cause to believe that the
person possesses, controls or may acquire a dangerous weapon.23

Unless a person of concern consents to transfer of weapons to a law enforcement agency

or officer (or a third party), agencies and officers cannot confiscate weapons unless those
conditions are fulfilled, except when weapons are evidence of a criminal offense.

II. Under the totality of the circumstances, was the response of the Sagadahoc County
Sheriff’s Office to concerns about Robert Card’s mental health reasonable?

A. Was a voluntary psychiatric evaluation of Mr. Card’s mental health

facilitated by Deputy Carleton feasible and, if not, did Deputy Carleton
possess the legal discretion to take Mr. Card into protective custody (and, if
so, to confiscate his firearms)?

The factual findings indicate that Deputy Carleton responded to concerns about Mr.
Card’s mental health on May 3, 2023, and spent considerable time on that day, and again on May
4, 2023, diligently assessing those concerns.

Feasibility of a voluntary psychiatric evaluation. As discussed above, an informal

voluntary admission to a psychiatric hospital for a mental health evaluation is a useful option if
the process unfolds in the way that is contemplated by 34-B M.R.S. § 3831, but its viability
depends upon the continued existence of the person of concern’s consent. A voluntary evaluation
can be short-circuited or become complicated and increasingly formal if the person of concern
withdraws his or her consent for the evaluation. Thus, without the person of concern’s consent, a
voluntary psychiatric evaluation is impossible, at which point a law enforcement officer
responding to concerns about a person’s mental health must assess whether the prerequisites for
taking the person of concern into protective custody.24

Regarding the concerns expressed about Mr. Card’s mental health in May 2023, the first
step in Deputy Carleton’s calculus was a determination of whether it appeared that Mr. Card was
mentally ill within the contemplation of 34-B M.R.S. § 3801(5). If so, then Mr. Card would be
eligible under § 3831 for an informal voluntary admission to a psychiatric hospital. According to
what Ms. Card and Colby Card, Mr. Card’s ex-wife, and son (who was almost 18 years old), told
Deputy Carleton, Mr. Card appeared to be hearing voices, exhibited paranoid behavior, was
having angry outbursts, and had firearms, but had never done anything threatening with firearms.

Next, Deputy Carleton assessed whether it was likely that Mr. Card would consent to an
informal voluntary admission to a psychiatric hospital for an evaluation that he (Deputy
Carleton) would facilitate, which would be Deputy Carleton’s typical approach in such
circumstances. However, Ms. Card, Colby, and Ryan Card, Mr. Card’s brother, adamantly
opposed an approach by Deputy Carleton to Mr. Card for that purpose due to a concern that
23
34-B M.R.S. § 3862-A(3) (judicial endorsement notification by medical practitioner).
24
As discussed above, there are four statutory options to addressing concerns about a person’s
mental health, but only two of them, a voluntary psychiatric evaluation and protective custody,
are, from a practical standpoint, viable for a law enforcement agency.

51
involving a law enforcement officer would only escalate Mr. Card and thereby frustrate any
chance of obtaining Mr. Card’s consent to a voluntary psychiatric evaluation. Instead, Deputy
Carleton determined that Card family members and representatives of the Army Reserve
intended to facilitate getting Mr. Card’s consent into treatment by a professional mental health
care provider. On May 4, 2023, Ryan Card advised Deputy Carleton that he (Ryan Card) and his
wife (Nicole Card, a nurse) had met with Mr. Card for about 90 minutes and that, by the end of
the meeting, Mr. Card had agreed to see a doctor about his paranoia and the voices that he had
been hearing. Subsequently, Ms. Card informed Deputy Carleton that Mr. Card would be
meeting with a mental health care provider. Deputy Carleton asked Ryan Card and Ms. Card to
contact him if Mr. Card’s mental health status changed, which included a request to Ryan Card
that he (Ryan Card) notify the Sheriff’s Office immediately if it appeared that Mr. Card posed a
danger to himself or others.

Although it is evident from the totality of the circumstances that it was not feasible for
Deputy Carleton to facilitate a voluntary psychiatric evaluation of Mr. Card’s mental health
status, he diligently ensured that the Card family and the Army Reserve were taking steps to get
Mr. Card mental health treatment. Deputy Carleton’s endorsement of the third-party
involvement of a mental health professional to assess and treat Mr. Card’s mental health issues,
along with family and Army Reserve oversight of Mr. Card’s mental health status, was a viable
strategy from a law enforcement agency perspective both because a mental health professional
would simultaneously treat Mr. Card’s mental health condition and utilize appropriate expertise
to serve as a community caretaker. Under Maine law, mental health care professionals have a
duty to warn of or to take reasonable precautions to provide protection from violent behavior by
an individual under their care who is likely to engage in physical violence that poses a serious
risk of harm to self or others, and may discharge that duty by communicating the threat to a
potential victim, notifying a law enforcement agency, or seeking involuntary hospitalization of
the individual who poses the threat.25

It is noteworthy that after Card family members and the Army Reserve representative
informed Deputy Carleton that they would take steps to get Mr. Card professional mental health
treatment, the Sagadahoc County Sheriff’s Office did not receive any information from Ryan
Card, Army Reserve officials, or any other person about additional concerns regarding the status
of Mr. Card’s mental health until September 15, 2023, when Sergeant Aaron Skolfield addressed
concerns communicated to him indirectly (and, ultimately, directly) by the Army Reserve. In
addition, the Sagadahoc County Sheriff’s Office did not have any direct contacts with Mr. Card
at any time after (or during) Deputy Carleton’s response to concerns about Mr. Card’s mental
health during the period May 3-4, 2023, as reflected by the SCSO Names Table.

Protective custody. As discussed in detail above, a Maine law enforcement officer

“may” (i.e., has the discretion to) take a person into protective custody if the officer has probable
cause to believe that the person is both mentally ill and poses a likelihood of serious harm to self

25
See 32 M.R.S. § 2600-F (osteopathic physicians), 32 M.R.S § 3300-I (medical doctors), 32
M.R.S. § 3820 (psychologists), 32 M.R.S. § 6207-C (certified alcohol and drug counselors or
licensed alcohol and drug counselors), 32 M.R.S. § 7007 (social workers), 32 M.R.S. § 13867
(licensed counseling professionals).

52
or others, in which case the officer must deliver the person of concern immediately to a medical
practitioner for an evaluation.26 When assessing whether the person of concern poses a
likelihood of serious harm, the officer must, in pertinent part, determine: (1) whether there was a
substantial risk of self-harm manifested by recent threats, or attempts at, suicide or serious self-
inflicted harm and/or (2) whether there was a substantial risk of physical harm to other persons
as manifested by recent homicidal or violent behavior or by recent conduct placing others in
reasonable fear of serious physical harm.27

Accordingly, when deciding whether he had the discretion to take Mr. Card into
protective custody, it was necessary for him to determine whether Mr. Card was both mentally ill
and posed a likelihood of harm to himself (Mr. Card) or others, noting that Mr. Card was never in
Deputy Carleton’s presence on May 3, 2023, or May 4, 2023.

Deputy Carleton established through conferences with Mr. Card’s family members that he
(Mr. Card) had been hearing voices, exhibiting paranoid behavior, and having angry outbursts,
which was behavior indicating that Mr. Card was mentally ill within the contemplation of 34-B
M.R.S. § 3801(5).

Deputy Carleton also established that Mr. Card had complained that unspecified people
had been saying derogatory things about him (e.g., that he was a pedophile), that he had access to
firearms and that he had ranted about having to shoot “someone” (but not a specific person)
when drinking heavily, but that he had not engaged in any threatening behavior involving a
firearm. In addition, Deputy Carleton did not discover any information indicating that Mr. Card
had recently (or at any time) threatened or attempted suicide or self-harm or had recently (or at
any time) engaged in homicidal or violent behavior that had placed any specific person in
reasonable fear of serious physical harm.

In addition, Ryan Card informed Deputy Carleton about a recent conversation with Mr.
Card (on May 3, 2023) during which he (Mr. Card) said that he would be getting a lawyer to deal
with the unspecified people that Mr. Card believed were accusing him of being a pedophile,
indicating that he was planning legal action, not violence, against the unspecified people. On
balance, Deputy Carleton concluded he did not have probable cause to believe that Mr. Card
posed a likelihood of harm to himself or others.

Therefore, although it appeared to Deputy Carleton that Mr. Card was mentally ill, there
were insufficient grounds to take Mr. Card into protective custody, which, based on the facts and
applicable law, was an objectively reasonable decision. Out of an abundance of caution, Deputy
Carleton requested that Card family members notify him (i.e., the Sagadahoc County Sheriff’s
Office) if they noticed any changes in Mr. Card’s behavior, which was an objectively responsible
approach under the circumstances.

Confiscation of Mr. Card’s firearms. As described above in detail, Maine law provides
for a process to remove dangerous weapons from a mentally ill person who is in protective
custody and has undergone a psychiatric evaluation, endorsed by a judge, indicating that there is

26
See 34-B M.R.S. § 3862(1).
27
See 34-B M.R.S. § 3801(4-A).

53
a realistic potential for imminent self-harm or imminent harm to others, as well as other safety
considerations. See 34-B M.R.S. § 3862-A (Maine’s so-called “yellow flag” statute).

However, the dangerous weapon confiscation provisions of § 3862-A were not available
to Deputy Carleton under the circumstances presented on May 3, 2023, and May 4, 2023,
because, although Mr. Card appeared to be mentally ill, he (Deputy Carleton) did not have
probable cause to believe that Mr. Card posed a likelihood of self-harm or harm to others as
defined by the protective custody statute.28 An analysis supporting a conclusion that there was
an absence of probable cause for placing Mr. Card into protective custody is described in detail
above as part of the review of the protective custody issue.

Conclusion. The factual findings establish that it was not feasible under the totality of the
circumstances for Deputy Carleton to facilitate a voluntary psychiatric evaluation of Mr. Card’s
mental health status, but he (Deputy Carleton) acted diligently to obtain assurances from third
parties (i.e., family members and Army Reserve personnel) that Mr. Card would be guided
toward a psychiatric evaluation and treatment.

The factual findings establish that after a diligent effort to assess the circumstances
surrounding the concerns about Mr. Card’s mental health status, Deputy Carleton reasonably
concluded that he did not have the discretion to take Mr. Card into protective custody due to
insufficient grounds for a conclusion that Mr. Card posed an imminent risk of self-harm or harm
to others, which foreclosed his discretion to initiate the process for confiscation of Mr. Card’s
firearms.

However, to promote public safety and Mr. Card’s safety, Deputy Carleton requested that
involved third parties notify the Sheriff’s Office of any future concerns about Mr. Card,
including concerns that Mr. Card would pose a risk of harm to himself or to others. Until
September 15, 2023, no such concerns were communicated to the Sheriff’s Office, which would
have prompted an additional response from the Sheriff’s Office.

B. Was a voluntary psychiatric evaluation of Mr. Card’s mental health

facilitated by Sergeant Skolfield feasible and, if not, did Sergeant Skolfield
possess the legal discretion to take Mr. Card into protective custody (and, if
so, to confiscate his firearms)?

The factual findings indicate that Sergeant Skolfield responded to concerns about Mr.
Card’s mental health on September 15, 2023, and spent considerable time on that day, and again
on September 16, 2023, and September 17, 2023, diligently assessing those concerns.

The trajectory of Sergeant Skolfield’s response. Although his actions are set out in the
Factual Findings section, it is important to include a review of factual trajectory of Sergeant
Skolfield’s three-day response to concerns about Mr. Card’s mental health here, as follows:

28
See 34-B M.R.S. §§ 3862(1) (authority to take a person into protective custody), 3801(4-A)
(defining likelihood of harm for the purposes of taking a person into protective custody).

54
 • On September 15, 2023, Officer Kelvin Mote of the Ellsworth Police
Department (“EPD”), a First Sergeant in an Army Reserve29 unit based in
Saco, notified EPD Deputy Chief Troy Bires of concerns about Mr. Card’s
mental health, and Deputy Chief Bires instructed EPD Detective Corey
Bagley to contact the Sagadahoc County Sheriff’s Department and pass
along a request from the Army Reserve for a wellbeing check (also known
as a “welfare check”) on Mr. Card, who was also a member of First
Sergeant Mote’s Army Reserve unit.

• In a telephone conference he had with Sergeant Skolfield on September 15,

2023, Detective Bagley some summarized longstanding concerns held by
[Army Reserve] personnel about the mental health of Mr. Card, with the
more recent concerns emerging late during the night of September 14,
2023, into the early morning hours of September 15, 2023.

According to Detective Bagley, [Army Reserve] personnel requested that

the SCSO perform a “welfare check” on Mr. Card. Sergeant Skolfield
learned that some [Army Reserve] personnel were aware that Mr. Card was
having “psychotic episodes” during which he “hears voices” that are
insulting him by referring to him as a pedophile.

At one point during the conference, Sergeant Skolfield learned from

Detective Bagley that Mr. Card had allegedly threatened to “shoot up” [an
Army Reserve] facility in Saco.

Detective Bagley told Sergeant Skolfield that Mr. Card had been
“committed” for a couple of weeks during the summer of 2023 due to his
“altered mental state,” but had been released. In a telephone conference
initiated by Sergeant Skolfield on September 16, 2023, Captain Jeffrey
Reamer, Mr. Card’s company commander in his Army Reserves unit,
provided some clarity about the outcome of Mr. Card’s psychiatric
hospitalization by advising Sergeant Skolfield that there was no order
prohibiting Mr. Card from weapon possession, which indicated that there
was no determination that Mr. Card posed a risk of foreseeable harm to
himself or others at that time.

According to Detective Bagley, Army Reserve personnel also requested

that the Sagadahoc County Sheriff’s Office identify specific individuals
who had expressed concern for Mr. Card’s welfare because he (Mr. Card)
may “focus his altered aggression” toward them, something that he had
done previously.

29
Although there is some mention of the Maine National Guard in reports submitted at the time,
Mr. Card and the other military personnel mentioned in this memorandum were members of the
Army Reserve.

55
• After determining that there was an “in-house” entry indicating that Mr.
Card was flagged as being “armed and dangerous,” Sergeant Skolfield
drove to Mr. Card’s home in Bowdoin with the intention of making the
wellbeing check requested by the Army Reserve (via Detective Bagley) but
discovered that Mr. Card was not at home. He returned to Mr. Card’s
residence a short time later, and Mr. Card was still not home.

• After Sergeant Skolfield’s unsuccessful attempt at a wellbeing check,

Detective Bagley sent Sergeant Skolfield (via email) a memorandum
prepared by First Sergeant Mote, as well as a text message from Staff
Sergeant Hodgson, another member of the Army Reserve unit in Saco, that
was enclosed with First Sergeant Mote’s memorandum, each of which
described concerns about Mr. Card’s mental health.

Staff Sergeant Hodgson’s text message, which he sent to First Sergeant

Mote at 2:04 AM on September 14, 2023, reported that he (Staff Sergeant
Hodgson) and Mr. Card were returning from a trip to a casino when Mr.
Card complained that he could hear people calling him a pedophile again.
Staff Sergeant Hodgson reportedly told Mr. Card to “knock it off” because
he (Mr. Card) “was going to get into trouble talking about shooting up
places and people,” at which point Mr. Card reportedly punched Staff
Sergeant Hodgson. Mr. Card also reportedly told him that he had guns and
that he was going to “shoot up” the Army Reserve Center in Saco. Mr.
Card also reportedly told Staff Sergeant Hodgson that First Sergeant Mote
was the reason he (Mr. Card) couldn’t buy guns anymore because he (First
Sergeant Mote) was involved with Mr. Card’s hospitalization in July.

First Sergeant Mote’s memorandum reported that Mr. Card, who he

described as “one of my senior firearms instructors,” had been hearing
voices “calling him a pedophile, saying that he has a small dick, and other
insults.” According to Sergeant Mote, Mr. Card began to hear voices in the
spring, which had only gotten worse since then.

First Sergeant Mote described an incident that occurred on July 15, 2023,
when the unit was located at West Point. Mr. Card reportedly accused
three other soldiers in the unit of calling him a pedophile and said that “he
would take care of it.” Mr. Card “got in the face” of one of the soldiers, a
longtime friend of his (Mr. Card’s), and shoved him while telling the friend
to stop calling him a pedophile. Mr. Card reportedly calmed down “a
little” after he and the other soldiers drank some beer. On the way back to
their motel, Mr. Card “said he would take care of it,” but Mr. Card would
not say what he meant when asked to explain his statements. At the motel,
Mr. Card locked himself in his motel room and would not answer the door
when the other soldiers tried to contact him.

One or more of the soldiers notified First Sergeant Mote about the incident
on July 16, 2023. He (First Sergeant Mote) and several other soldiers from

56
the unit got the key to Mr. Card’s motel room and contacted him. Mr. Card
reportedly told them that he wanted “people” to stop talking about him.
First Sergeant Mote told Mr. Card that nobody was talking about him and
that all the soldiers in his room were his friends. Mr. Card told First
Sergeant Mote to leave him alone and tried to slam the motel room door in
his face, although another soldier stopped the door from closing.

Afterward, First Sergeant Mote reportedly informed the unit commander,

which appears to be a reference to Captain Reamer, about the incident and
recommended that Mr. Card have a psychiatric examination.

Next, First Sergeant Mote and other soldiers transported Mr. Card to a
military hospital on the Army base, where he was evaluated by a
psychologist who decided that he required further treatment, which resulted
in Mr. Card’s admission to the Four Winds Psychiatric Hospital in Katonah
(New York) for fourteen days of evaluation and treatment before he was
released. First Sergeant Mote wrote that he spent four hours with Mr. Card
on the day of his admission to the hospital, but that Mr. Card never spoke
to him and only stared “through me” without blinking.

More recently, according to First Sergeant Mote, Staff Sergeant Hodgson

called him (First Sergeant Mote) and reported that Mr. Card had assaulted
him. That soldier and Mr. Card were reportedly driving home from a
casino when Mr. Card said that “people” were calling him a pedophile
again. Staff Sergeant Hodgson reportedly told Mr. Card to “knock it off”
because Mr. Card was going to get into trouble by talking about shooting
up places and people, at which point Mr. Card allegedly punched Staff
Sergeant Hodgson.

First Sergeant Mote reportedly that Mr. Card told him that he had guns and
was going to “shoot up” the Army Reserve Center in Saco and other places,
adding that he was going to get “them.” First Sergeant Mote wrote that he
(First Sergeant Mote) and the commander were the individual who had him
committed to the psychiatric hospital, so he believed that Mr. Card was
referring to him and the commander. Mr. Card also reported said that First
Sergeant Mote was responsible for his (Mr. Card’s) inability to purchase
guns anymore due to the commitment to the psychiatric hospital.
According to First Sergeant Mote, Staff Sergeant Hodgson was concerned
that Mr. Card was going to “snap” commit a mass shooting, referring to
Staff Sergeant Hodgson’s text message.

In his memorandum, First Sergeant Mote stated that Captain Reamer, the
Army Reserve unit (company) commander, requested that he (First
Sergeant Mote) arrange to have the Sagadahoc County Sheriff’s Office
conduct a wellbeing check at Mr. Card’s residence at 941 Meadow Road in
Bowdoin “to gauge his mental health and determine if he is a threat to
himself and/or others.”

57
 According to First Sergeant Mote, the Saco Police Department was
notified, as well as the battalion commander, about the concerns about Mr.
Card’s mental health. First Sergeant Mote added that he “would rather err
on the side of caution with regards to Card since he is a capable marksman
and, if he should set his mind to carry out the threats made to Hodgson, he
would be able to do it.”

• After getting that information, Sergeant Skolfield took additional steps to

assess the concerns provided by the Army Reserve personnel (via Detective
Bagley).

• Sergeant Skolfield directed the Sagadahoc County Communications Center

to broadcast a state-wide “attempt to locate” message requesting all Maine
law enforcement agencies to attempt to locate Mr. Card to check his
“mental health wellbeing” while cautioning that Mr. Card is “known to be
armed and dangerous.” The message, which was tagged as a “File 6”
(meaning that all information was indexed in the statewide
communications system for immediate retrieval if any Maine law
enforcement officers encountered Mr. Card or his vehicles), also included
identifying information for Mr. Card and his vehicles, as well as
information about his mental health history, current mental health status,
familiarity with firearms, threats to shoot up the armory in Saco, and
concerns about officer safety.

• At Sergeant Skolfield’s request, SCSO Deputy Zach Kindelan attempted to

locate Mr. Card at his residence and his parents’ residence, to no avail,
during the evening.

• On September 16, 2023, the Saco Police Department responded to

information contained in Sergeant Skolfield’s File 6 broadcast by
establishing a protection detail at the Army Reserve Center after it opened
on that day.

However, during the early morning hours of September 16, 2023,

Lieutenant Ed York of the Brunswick Police Department, who is also a
member of Mr. Card’s Army Reserve unit, contacted Saco Police Sergeant
Monica Fahy, the patrol supervisor on the night shift. Lieutenant Yurek
and Sergeant Fahy discussed the File 6 notification initiated by Sergeant
Skolfield, and Lieutenant Yurek provided some background information on
Mr. Card to Sergeant Fahy.

Sergeant Fahy briefed Saco Police Sergeant Scott Sicard, the patrol
supervisor on the day shift, who established the protection detail at the
Army Reserve Center, consisting of four officers who were positioned
around the armory to intercept Mr. Card.

58
At Sergeant Sicard’s direction, Saco Police Officers Rodney Rossignol and
Amber Damon met with Captain Jeremy Reamer, Mr. Card’s company
commander, at the Army Reserve Center. The meeting was recorded by the
officers’ body cameras and a full transcript of the recording has been
marked as Exhibit 1.

Although Sergeant Skolfield did not receive details of the briefing provided
by Captain Reamer, the Army Reserve assessment that he (Captain
Reamer) provided to the officers is useful for the purposes of this review
because it corresponded with what Captain Reamer disclosed to Sergeant
Skolfield in a subsequent telephone conference that they (Captain Reamer
and Sergeant Skolfield) had during the morning of September 16, 2023.

Captain Reamer told the officers that the Army Reserve unit had requested
[the Sagadahoc County Sheriff’s Office to] conduct a wellbeing check on
Mr. Card, adding that he (Mr. Card) was not at home, referring to Sergeant
Skolfield’s unsuccessful attempt to contact him (Mr. Card) on September
15, 2023.

As for the Army Reserve’s plan to resolve the concerns about Mr. Card’s
mental health status, Captain Reamer said “what we kinda came up, like,
was, alright, we’ll see if we can get a check wellbeing on the guy … make
sure if he’s good,” adding that “then we’re just lettin’ you guys know – to
kind of being aware of what’s kinda going on.”

He (Captain Reamer) also told the officers that Mr. Card had called him
(Captain Reamer) to advise him that he (Mr. Card) would not be attending
the Army Reserve drill at the Reserve Center in Saco on September 16,
2023, because he would be working all weekend.

According to Captain Reamer, it was evident from his telephone discussion

with Mr. Card on September 15, 2023, that he (Mr. Card) was still angry
about having been examined at the psychiatric hospital over the summer
but added that Mr. Card had not made any specific threats during their
telephone conversation, including along the lines of “‘hey, I’m gonna come
shoot everybody,’ or anything like that,” meaning everybody or anybody at
the Army Reserve Center.

Referring to Staff Sergeant Hodgson and the text message that he sent at
2:04 AM on September 15, 2023, regarding his concerns about Mr. Card’s
mental health, Captain Reamer told the officers that [First Sergeant Mote]
spoke with Staff Sergeant Hodgson about the situation after Staff Sergeant
Hodgson sent the text message.

According to Captain Reamer, Staff Sergeant Hodgson was unable to

“really give any specifics” [to First Sergeant Mote, adding that Staff

59
 Sergeant Hodges had only “specifically mentioned one of my soldiers and
said he wanted to punch him … in the face.”

Continuing, Captain Reamer said that, according to Staff Sergeant

Hodgson, who Captain Reamer characterized as not being “the most
credible of … our soldiers,” Mr. Card said, “he would shoot places, but
[Mr. Card] never specifically mentioned [the Army Reserve Center], never
specifically mentioned any [place] specifically.” Captain Reamer
highlighted that Staff Sergeant Hodgson sent the text message at “two-
something in the morning … so, was he drunk?” Indicating that “[w]e
didn’t ask [if he was drunk],” Captain Reamer stated, “when we tried to
nail it down with some specifics, he wasn’t able to give us much,” adding
that “it kinda really didn’t help any.”

Captain Reamer told the officers that there was no need for the Saco Police
Department to continue the protection detail, including because Mr. Card
had told him that he would not be coming to the Reserve Center. He also
described his plan for handling the situation if Mr. Card arrived
unexpectedly, including removal of the soldier that Mr. Card had
threatened to punch. Captain Reamer informed the officers that he would
contact the Saco Police Department if any additional assistance was
needed.

As he subsequently did when speaking with Sergeant Skolfield, Captain

Reamer stated that the Army Reserve had assessed the concerns initially
presented by Staff Sergeant Hodgson and determined, in essence, that Mr.
Card did not pose a foreseeable risk of imminent self-harm or harm to
others. However, out of an abundance of caution, the Army Reserve
command staff had requested a wellbeing check on Mr. Card if he could be
located.

• Still attempting to meet with Mr. Card to discuss his (Mr. Card’s) mental
health status, Sergeant Skolfield returned to Mr. Card’s home in Bowdoin
at 8:45 AM, where he observed Mr. Card’s vehicle parked in the dooryard.
At 9:01 AM, he requested a backup, which prompted a request for mutual
aid to the Kennebec County Sheriff’s Office (“KCSO”). About forty-five
minutes later, KCSO Deputy Ivano Stefanizzi arrived to assist him. At that
point, Sergeant Skolfield approached the door to Mr. Card’s trailer and
attempted to contact him by knocking on the door. Sergeant Skolfield
believed that the curtains in a window that faced the road moved and
thought that he could hear Mr. Card moving around inside the trailer, but
he (Mr. Card) did not come to the door.

Sergeant Skolfield decided that standing at the trailer’s door was a

disadvantageous position under the circumstances (apparently including
because Sergeant Skolfield did not want to provoke a confrontation with
Mr. Card), so he and Deputy Stefanizzi left Mr. Card’s property.

60
 Deputy Stefanizzi returned to his patrol area in Kennebec County, but
Sergeant Skolfield parked his police cruiser at a location near Mr. Card’s
property with a view toward his driveway, which positioned him so that he
could attempt to contact Mr. Card for a welfare check if he drove away
from his property.

• While watching Mr. Card’s driveway, Sergeant Skolfield obtained Mr.

Card’s telephone number from a booking record the Two Bridges Jail and
attempted to contact him by telephone, to no avail.

• At this point, Sergeant Skolfield briefed his supervisor, Lieutenant Brian

Quinn, on his response to the concerns about Mr. Card’s mental health and
arranged for coverage of his patrol area so that he could continue his work
on Mr. Card’s situation.

• In addition, Sergeant Skolfield attempted to get telephone updates from

Detective Bagley and First Sergeant Mote, but he could not reach them.

• At 10:32 AM, Sergeant Skolfield had a telephone conference with Saco

Police Sergeant Sicard and they discussed the Saco Police Department’s
response to the File 6 broadcast, including the protection detail at the Army
Reserve Center in Saco and the meeting that Saco Police officers had with
[Captain Reamer], although the call ended before Sergeant Skolfield could
get the details, apparently because Sergeant Skolfield hung up to take a call
from First Sergeant Mote at 10:35 AM.

• Sergeant Skolfield’s telephone conference with First Sergeant Mote

resumed at 10:37 AM.

Regarding his memorandum regarding the concerns that Staff Sergeant

Hodgson expressed about Mr. Card’s mental state, First Sergeant Mote said
something to Sergeant Skolfield along the lines of be believed that Staff
Sergeant Hodgson’s message was “over the top,” or that he believed that
Staff Sergeant Hodgson was being “an alarmist.”

Among other things, First Sergeant Mote indicated to Sergeant Skolfield

that the Army Reserve command staff was in the process of encouraging
Mr. Card to retire from the military on the condition that he obtain some
mental health treatment.

• While still watching Mr. Card’s driveway, Sergeant Skolfield had a

recorded telephone conference with Captain Reamer, who responded to a
message from Sergeant Skolfield requesting a call. A full transcript of the
telephone conference has been marked as Exhibit 2, but key points are
paraphrased below.

61
 In response to a question from Sergeant Skolfield, Captain Reamer
indicated that Mr. Card did not have access to the Army Reserve unit’s
weapons.

• Captain Reamer indicated that he did not have any details about the
outcome of Mr. Card’s mental health hospitalization over the summer due
to HIPAA restrictions.

However, apparently referring to New York’s so-called “red flag” statute,

Captain Reamer told Sergeant Skolfield that no court order had been issued
(as a result of his institutionalization) to take his (Mr. Card’s) weapons or
anything along those lines, apparently referring to the absence of a finding
during Mr. Card’s institutionalization that he (Mr. Card) posed a risk of
imminent danger to any individual at that time.30

• Captain Reamer told Sergeant Skolfield that he (Captain Reamer)

understood that Mr. Card’s family was supposed to remove his (Mr. Card’s)
weapons from his (Mr. Card’s) home. In that connection, Captain Reamer
said that he had been told that Mr. Card’s weapons had been removed from
his (Mr. Card’s) home and were currently being stored in a family
member’s house. According to Captain Reamer, Staff Sergeant Hodgson,
who Captain Reamer characterized as the individual who “kinda started
this whole thing,” was supposed to move the weapons, but then Ryan Card,
Mr. Card’s brother, “supposedly” moved them. However, he (Captain
Reamer) added that he had been unable to verify that the firearms had been
removed because he (Captain Reamer) lives in New Hampshire. Captain
Reamer told Sergeant Skolfield that he did not know if Mr. Skolfield had
any access to the firearms that were being stored at the family member’s
home.

• Captain Reamer informed Sergeant Skolfield that he had spoken to Mr.

Card on September 15, 2023, when Mr. Card called him (Captain Reamer)

30
As of this writing, it is unknown to the writer as to whether the psychiatric evaluation of Mr.
Card in New York produced any determination that Mr. Card posed a risk of imminent harm to
any persons, location, or the community, or whether it was a voluntary or involuntary
commitment. However, New York law requires mental health care providers to make an official
report whenever the provider determines that a patient is “likely to engage in conduct that would
result in serious harm to self or others,” which, it would be reasonable to assume, prompt an
application of New York’s Extreme Risk Protection Law. See NY MENT HYG § 9.46(a)
(imposing an obligation to report on “a physician, psychiatrist, psychologist, registered nurse,
licensed clinical social worker, licensed master social worker, licensed mental health counselor,
clinical nurse specialist, certified nurse practitioner, licensed clinical marriage and family
therapist, or a licensed professional nurse”); NY CPLR § 6340, et seq.(New York’s so-called “red
flag law,” which has been the subject of constitutional challenges in the New York trial courts,
some of which were successful).

62
 to confirm that he would not be attending the Army Reserve “drill” session
(at the Reserve Center in Saco) because he had to work at his civilian job.
Captain Reamer reportedly told Mr. Card that there would be no problem if
Mr. Card did not appear for the drill session.

According to Captain Reamer, Mr. Card “sounded angry” at “people” when

he spoke to him on September 15. However, Captain Reamer added that
Mr. Card did not make any specific threats during the telephone
conversation. Rather, he (Captain Reamer) said, Mr. Card seemed upset at
how “things went down there at West Point,” apparently referring to the
incident that led to his hospitalization for a mental health evaluation.

Importantly, Captain Reamer indicated to Sergeant Skolfield that Mr. Card

had never threatened any specific person or said anything about targeting a
specific location.

It is noteworthy that Captain Reamer’s telephone discussion with Mr. Card

occurred on September 15, 2023, the day when Sergeant Skolfield was
attempting the wellbeing check. Moreover, it is noteworthy that Captain
Reamer’s assessment of his conversation with Mr. Card was that he (Mr.
Card) did not pose a foreseeable risk of imminent self-harm or harm to
others.

Captain Reamer requested a measured response from the Sagadahoc

County Sheriff’s Office to the concerns about Mr. Card’s mental health. In
that regard, Captain Reamer said that he had “just talked” with his
Battalion Commander and Sergeant Major, one of whom works for the
federal government and the other works as a police officer in Maine. They
reportedly discussed Mr. Card’s situation, and they decided to request law
enforcement authorities (i.e., the Sagadahoc County Sheriff’s Office) to
perform a wellbeing check on Mr. Card to confirm that he is at home and
alive, and then to document the wellbeing check (for the Army Reserve).

During the conversation, Captain Reamer emphasized, he (representing the

Army Reserves) was only asking Sergeant Skolfield to document a
wellbeing check after verifying that Mr. Card was at home, although he
may have been uncooperative, so that the Army can confirm that he was
“alive and breathing,” then the Army “can go from there.”

• As to how Mr. Card should be approached, Captain Reamer told Sergeant

Skolfield that Mr. Card can be “uncooperative or whatever,” and indicated
that it would not be sensible for them (the law enforcement officers) to
“push” the situation (referring to taking steps during the wellbeing check
that may force a confrontation with Mr. Card, thereby escalating the
situation into one that would require a police use of force), emphasizing
that the Army Reserve only wanted a wellbeing check verifying that Mr.
Card was home and alive.

63
Referring to the results of his attempts to contact Mr. Card, Sergeant
Skolfield told Captain Reamer that he knew that Mr. Card was alive, but
added that he (Mr. Card) would not answer the door and, referring to the
potential consequences of confronting Mr. Card if he was being
uncooperative, there was no way to avoid Mr. Card’s “line of sight,”
indicating that the presence of law enforcement officers may provoke Mr.
Card into having an armed confrontation with the officers. In response,
Captain Reamer said that he did not want law enforcement officers “to
push into something” and “escalate” the situation, referring to the potential
for an unnecessarily dangerous confrontation with Mr. Card.

As for the potential for the wellbeing check to escalate into a confrontation
with Mr. Card, Captain Reamer indicated to Sergeant Skolfield that he did
not want law enforcement officers to get hurt or to put themselves in a
position of having to do “anything” or “making a decision,” referring to
any potential police action that would put officers in a “compromising
situation” that may escalate to the point of where officers may have to use
force against Mr. Card.

In response, Sergeant Skolfield indicated to Captain Reamer that his goal

was to avoid escalating Mr. Card, adding that he had hoped that Mr. Card
would answer the door and have a conversation with him (Sergeant
Skolfield) to complete the wellbeing check. Sergeant Skolfield indicated
that he was certain that Mr. Card had seen his (Sergeant Skolfield’s)
Sheriff’s Office cruiser parked in his yard when the wellbeing check was
attempted.

Referring to Mr. Card’s refusal to answer the door when Sergeant Skolfield
was attempting to make the wellbeing check, Captain Reamer said that he
(Mr. Card) had done “the same thing” when “this all kinda initially went
down,” referring to the West Point incident.

According to Captain Reamer, Mr. Card had been “uncooperative” with

him and other Army Reserve unit members, which, he said, “seems to be
his thing when he just doesn’t want to deal with us, anybody, he just kinda
locks in there.”

Continuing, Captain Reamer told Sergeant Skolfield that “nothing ended

up happening” when they (Captain Reamer and other unit members) were
trying to contact him during the West Point incident, adding that “[h]e
didn’t have any weapons, he didn’t, it didn’t turn into anything” and that
“[h]e eventually came out … after we kinda got our … some of our guys
out there to help out with it.”

Referring to the similarity between how Mr. Card acted when Sergeant
Skolfield attempted to contact him and Captain Reamer’s previous
experience with Mr. Card during the West Point incident, he (Captain

64
 Reamer) said, “[s]o it’s not … unheard of for him to kind of handle it this
way.”

• Captain Reamer told Sergeant Skolfield that he (Captain Reamer) had

given him (Sergeant Skolfield) the Army Reserve’s “two cents,” but added
that he (Sergeant Skolfield) should take whatever action he may deem to be
appropriate under the circumstances. In reply, Sergeant Skolfield said that
he was acting on what had been passed on to him by the Army Reserve unit
via [Detective Bagley], referring to his ongoing attempt to assess whether
Mr. Card posed a risk of imminent danger to any individual.

• Referring to the reliability of the information provided by the Army

Reserve via [Detective Bagley], Captain Reamer indicated that Army
Reserve personnel had tried to fact-check and assess the information
contained in Staff Sergeant Hodgson’s text message, which was the catalyst
for the request for the wellbeing check.

Captain Reamer said that he (Staff Sergeant Hodgson) had been unable to
give any information about any specific threat that Mr. Card may have
made, adding that the “validity of the text message” sent by Staff Sergeant
Hodgson was questionable.

However, Captain Reamer indicated, there was enough information about

Mr. Card to cause some concern, including Mr. Card’s history (e.g., his
hospitalization during the summer), which was why, he explained, the
Army Reserve was requesting that law enforcement authorities conduct a
well-being check.

Captain Reamer indicted that the Army Reserve was obligated to treat a
message like the one Staff Sergeant Hodgson sent to First Sergeant Mote
very seriously. However, he added that in the present circumstances the
message must also be taken “with a grain of salt,” again indicating that
Army Reserve personnel questioned the reliability of the information that
Staff Sergeant Hodgson provided.

Apparently referring to Staff Sergeant Hodgson’s text message, Captain

Reamer repeated to Sergeant Skolfield that the Army Reserve “considered
the source” when evaluating the information provided in the text message.
Accordingly, he indicated, the Army Reserve was only requesting a
wellbeing check to assess Mr. Card’s status to ensure that he was good and
alive, as well as some documentation about the well-being check.

• Before concluding their telephone conference, Sergeant Skolfield told

Captain Reamer that he intended to contact Ryan Card, Mr. Card’s brother,
to confirm that the family had removed all firearms from Mr. Card’s home.

65
• At some point while he (Sergeant Skolfield) was watching Mr. Card’s
driveway Maine State Police Sergeant Thomas Pappas met with Sergeant
Skolfield. Sergeant Skolfield explained the situation with Mr. Card to
Sergeant Pappas, who informed Sergeant Skolfield that he (Sergeant
Pappas) believed that his (Sergeant Skolfield’s) response to the mental
health concerns was sufficient under the circumstances. Notwithstanding
Sergeant Pappas’ assessment, Sergeant Skolfield decided to take additional
steps in response to those concerns.

• Beginning at 10:59 AM, Sergeant Skolfield attempted to contact Ryan

Card, Mr. Card’s brother, by telephone (calling three telephone numbers
that he believed were utilized by Ryan Card) with the intention of speaking
to him about Robert’s mental health, to no avail.

• At 11:09 AM, Sergeant Skolfield telephoned his supervisor, Lieutenant

Brian Quinn, and discussed the status of his response to the Army
Reserve’s concerns about the mental health of Mr. Card. During the
conference, Sergeant Skolfield informed Lieutenant Quinn that, based on
the information provided by Captain Reamer as to the Army Reserve’s
assessment of Mr. Card’s situation and the unsuccessful attempt to conduct
a wellbeing check (other than determining that Mr. Card appeared to be
inside his home), he (Sergeant Skolfield) believed that the best approach
would be to leave Mr. Card alone.

Sergeant Skolfield also advised Lieutenant Quinn that he intended to speak

with Ryan Card, Mr. Card’s brother, and request that Ryan Card assist by
removing any firearms that Mr. Card may possess. In addition, Sergeant
Skolfield told Lieutenant Quinn that he intended to ask Ryan Card to
contact the Sagadahoc County Sheriff’s Office if he (Ryan Card) had or
develops any reason to believe that Mr. Card needed a psychiatric
evaluation.

• At 11:34 AM, Sergeant Skolfield attempted to contact Ryan Card by going

to the home of Mr. Card’s father, Robert Card, Sr., on the Meadow Road in
Bowdoin, which Sergeant Skolfield recorded using the Watchguard cruiser
camera system.

Sergeant Skolfield told Mr. Card, Sr., that he had been hoping to speak with
Ryan Card to make sure that he (Ryan Card) had Mr. Card’s guns, adding
that he (Sergeant Skolfield) could not get him (Mr. Card) to talk “to us”
and that he (Mr. Card) “won’t answer the door.” Sergeant Skolfield
indicated that he understood that Ryan Card had Mr. Card’s weapons, but
that he (Sergeant Skolfield) “wanted to make sure that that’s the case.” In
response to a question from Sergeant Skolfield, Mr. Card, Sr., said that he
was not familiar with the status of Mr. Card’s firearms. Mr. Card, Sr.,
advised Sergeant Skolfield to speak to Ryan Card about the firearms.

66
 Before leaving, Sergeant Skolfield told Mr. Card, Sr., that he (Sergeant
Skolfield) was only trying to make sure that Mr. Card didn’t do anything
“foolish.” Although it’s difficult to hear in the recording, Mr. Card, Sr.,
apparently referring to Mr. Card’s mental health, said something to the
effect of, “It doesn’t sound good.” He did not say anything to Sergeant
Skolfield about whether Mr. Card posed an imminent risk of danger to
anyone.

• Next, Sergeant Skolfield believes that he went to Ryan Card’s home, but
discovered that Ryan Card was not there.

• At 12:04 PM, the Sagadahoc County Communications Center assigned

Sergeant Skolfield to a call for service to investigate a domestic violence
incident in Bowdoinham, which required his full attention during the
remainder of the shift and beyond. Consequently, Sergeant Skolfield was
unable to continue his follow-up work regarding Mr. Card’s situation,
although, as he reported to Lieutenant Quinn, the Card matter did not then
require any immediate action.

• On September 17, 2023, Sergeant Skolfield had a telephone conference

with Ryan Card at 2:42 PM. Ryan Card assured him (Sergeant Skolfield)
that he (Ryan Card) and his father (Mr. Card, Sr.) would work together to
move Mr. Card’s firearms from a safe at the Card family farm that Mr.
Card could access to another secure location.

In addition, Ryan Card told Sergeant Skolfield that he (Ryan Card) was
aware that Mr. Card had answered the door at his trailer with a handgun
that he kept outside the line of sight of the person at the door, apparently a
reference to what Ms. Card had previously disclosed. Ryan Card told
Sergeant Skolfield that he would “work with” Mr. Card to ensure that he
does not have any firearms independent of those in the family gun safe at
the Card farm.

Sergeant Skolfield informed Ryan Card that the Sagadahoc County

Sheriff’s Office intended to ensure that Mr. Card would not do anything to
harm himself and others. On that note, Sergeant Skolfield asked Ryan
Card to determine whether Mr. Card required a psychiatric evaluation when
he (Ryan Card) is communicating with him (Mr. Card). If so, Sergeant
Skolfield told Ryan Card that Sheriff’s Office personnel would be willing
to assist Ryan Card in arranging for Mr. Card to be evaluated.

Subsequently, Ryan Card contacted Sergeant Skolfield and reiterated that

he (Ryan Card) and his father (Mr. Card, Sr.) would be working together to
ensure that Mr. Card did not have access to any firearms, adding that they
have a plan for securing the weapons.

67
 The foregoing facts provide useful context for the underlying review of important
considerations regarding SCSO’s response to concerns about Mr. Card’s mental health in
September 2023.

Feasibility of a voluntary psychiatric evaluation. As discussed above and reiterating

the considerations addressed regarding Deputy Carleton’s response to family concerns about Mr.
Card’s mental health, an informal voluntary admission to a psychiatric hospital for a mental
health evaluation is a useful option if the process unfolds in the way that is contemplated by 34-
B M.R.S. § 3831, but its viability depends upon the continued existence of the person of
concern’s consent. A voluntary evaluation can be short-circuited or become complicated and
increasingly formal if the person of concern withdraws his or her consent for the evaluation.
Thus, without the person of concern’s consent, a voluntary psychiatric evaluation is impossible,
at which point a law enforcement officer responding to concerns about a person’s mental health
must assess whether the prerequisites for taking the person of concern into protective custody.31

When responding to the concerns about Mr. Card’s mental health, the first consideration
in Sergeant Skolfield’s calculus was a determination of whether Mr. Card appeared to be
mentally ill within the contemplation of 34-B M.R.S. § 3801(5). If so, then Mr. Card would be
eligible under § 3831 for an informal voluntary admission to a psychiatric hospital.

Based on information that Sergeant Skolfield gathered directly and indirectly from Army
Reserve personnel and family members, it was evident that Mr. Card was exhibiting paranoid
behavior, having angry outbursts, being aggressive (including punching another soldier and
threatening to punch the same or another soldier), and making generalized threats of firearms-
related violence, noting that despite initial reports indicating otherwise an assessment by Army
Reserve personnel downgraded the seriousness of his threatening behavior. Consequently, it
would be reasonable to conclude that Mr. Card was mentally ill and that he would be a candidate
for a voluntary psychiatric evaluation.

Accordingly, Sergeant Skolfield made a persistent good-faith effort to contact Mr. Card
so that he could ask him (Mr. Card) to consent to a psychiatric evaluation. It is evident from the
factual findings that the steps that Sergeant Skolfield took to locate Mr. Card on September 15,
2023, were persistent, but unsuccessful.

However, on September 16, 2023, Sergeant Skolfield saw Mr. Card’s vehicle parked in
the dooryard at his home, a trailer, and decided to attempt to contact him. Backed up by KCSO
Deputy Stefanizzi, he (Sergeant Skolfield) knocked on the door in an attempt to meet with Mr.
Card, but he (Mr. Card) did not come to the door. Sergeant Skolfield believed that Mr. Card was
inside because the curtains in a window that faced the road moved and he (Sergeant Skolfield)
believed that he could hear Mr. Card moving around inside the trailer. Failing to contact Mr.
Card, Sergeant Skolfield and Deputy Stefanizzi left Mr. Card’s property. Deputy Stefanizzi left
the area, but Sergeant Skolfield, hoping to make a consensual contact with Mr. Card if he left his

31
As discussed above, there are four statutory options to addressing concerns about a person’s
mental health, but only two of them, a voluntary psychiatric evaluation and protective custody,
are, from a practical standpoint, viable for a law enforcement agency.

68
property in his vehicle, took up a position on a road near Mr. Card’s driveway, which also failed
to yield any contact with Mr. Card.

Setting aside the question of whether the prerequisites for protective custody had been
fulfilled, Sergeant Skolfield’s decision not to make a forcible entry into Mr. Card’s home and
take him into protective custody was appropriate under the circumstances. Sergeant Skolfield
did not have probable cause to believe that Mr. Card was then committing a crime inside the
trailer. If so, probable cause to believe that a crime was in progress may have justified a
warrantless entry under the so-called “exigent circumstances” exception to the Fourth
Amendment’s prohibition against warrantless intrusions into a home. Similarly, he did not have
any basis for a belief that Mr. Card required emergency medical assistance or that he needed
protection from imminent injury, which may have justified a warrantless entry under another
variation of the exigent circumstances exception.32

In this instance, Sergeant Skolfield was performing a “community caretaking” function

by attempting to meet with Mr. Card in good faith as part of his response to the Army Reserve’s
concerns about Mr. Card’s mental health, using a permissible “knock and talk” approach, and
then left when Mr. Card did not answer his knock.33 Courts have considered and rejected the
idea that law enforcement officers can rely upon the so-called “community caretaking exception”
to the Fourth Amendment and forcibly enter a person’s home for community caretaking
purposes, even in good faith. The United States Supreme Court considered a conceptually
similar situation in which law enforcement officers “seized” a man with apparent psychiatric
problems and sent him to a hospital for an evaluation before making a warrantless entry into the
home of a person and seizing firearms. Caniglia v. Strom, 593 U.S. ---- (2021), 141 S.Ct. 1596,
1599.

Deciding that the “community caretaker” duties did not justify warrantless searches and
seizures in the home, the Court reiterated a previous decision that the “very core” of the Fourth
Amendment’s protection of “[t]he right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures” is “‘right of a man to retreat into
his own home and there be free from unreasonable governmental intrusion.’” Id. (quoting
Florida v. Jardines, 569 U.S. 1, 6, 133 S.Ct. 1409). Quoting Caniglia, the Supreme Judicial
Court of Maine recognized the “right of a man to retreat into his own home and there be free
from unreasonable intrusion.” State v. Akers, 2021 ME 43, ¶ 32, 259 A.3d 127 (quoting
Caniglia, 593 U.S. at ----, 138 S. Ct. at 1670).

32
See, e.g., Kentucky v. King, 563 U.S. 452, 460, 470, 131 S. Ct. 1849 (2011). See also Brigham
City v. Stewart, 547 U.S. 398, 403-404, 126 S.Ct. 1943 (2006) (listing other examples of exigent
circumstances).
33
See Kentucky v. King, 563 U.S. 452, 469-470, 131 S.Ct. 1849 (2011) (“When law enforcement
officers who are not armed with a warrant knock on a door, they do no more than any private
citizen might do. And whether the person who knocks on the door and requests the opportunity
speak is a police officer or a private citizen, the occupant has no obligation to open the door or to
speak.”). Also see State v. Akers, 2021 ME 43, ¶ 32, 259 A.3d 127 (recognizing the validity of
the “knock and talk approach”).

69
 Thus, Sergeant Skolfield did not have a legal basis for a forcible entry into Mr. Card’s
home on September 16, 2023, to perform a wellbeing check pursuant to his (Sergeant
Skolfield’s) community caretaking duties. Indeed, if he had made a warrantless entry, he (and
the County) would have likely been susceptible to a civil action stemming from what may be
construed as a violation of Mr. Card’s Fourth Amendment rights.34 Moreover, even setting aside
the potential for escalating the situation into a confrontation, Mr. Card may have been entitled to
resist an unlawful entry into his home, creating the possibility that a use of defensive force
against Mr. Card may result, thereby increasing the risk of litigation.35 Furthermore, if Mr. Card
were to be injured or killed during a police use of force36 following a warrantless entry into his
home absent exigent circumstances (noting that the “community caretaking” exception to the
Fourth Amendment was unavailable), he or his representative may contend during any ensuing
litigation that the emerging “state-created danger” doctrine37 would be applicable during

34
See, e.g., 42 U.S.C. 1983.
35
See, e.g., State v. Clisham, 614 A.2d 1297 (1992). In Clisham, the Supreme Judicial Court of
Maine held that a homeowner would have been justified in using non-deadly force if he
reasonably believed that the use of force was necessary to prevent the commission of a criminal
trespass by police officers who were had been planning to make a warrantless entry into the
home. Id. at 1299. Moreover, the Court found that “[t]he fact that the police officers may have
been acting in good faith pursuant to their performance of necessary investigative duties in
accordance with official departmental policies does not legalize an officer’s warrantless entry
into a private dwelling place.” Id. citing State v. Bollard, 488 A.2d 1380, 1385 (Me. 1985)
(“Warrantless official intrusions, without consent, upon the citizen’s private property … in the
absence of probable cause and exigent circumstances, are unconstitutionally unauthorized and
unjustified and constitute a trespass.”).
36
While Clisham, supra, indicates that a homeowner would be justified in using non-deadly
force to resist an unlawful entry by police, it appears that a homeowner would not be justified in
using deadly force. The totality of the circumstances in this situation indicates that Mr. Card
possessed a handgun at or around the time of Sergeant Skolfield’s attempt to make the wellbeing
check at his trailer, so it is possible that Mr. Card may have relied upon a firearm to resist when
resisting an unconstitutional entry into his home, which could have precipitated a reciprocal use
of a firearm by Sergeant Skolfield, thereby creating the potential for serious injury or a loss of
life.
37
See, e.g., Irish v. Fowler, 979 F.3d 65, 67 (1st Cir. 2020) (joining nine other United States
Courts of Appeals in finding that law enforcement officers may be held liable for failing to
protect individuals from danger created or enhanced by the officers’ affirmative acts). To
establish liability under the “state-created danger” doctrine, the Court held, a plaintiff (or a
plaintiff’s representative) must establish: (1) that a state actor or state actors affirmatively acted
to create or enhance a danger to the plaintiff; (2) that the act or acts created or enhanced a danger
specific to the plaintiff and distinct from the danger to the general public; (3) that the act or acts
caused the plaintiff’s harm; and (4) that the state actor’s conduct, when viewed in total, shocks
the conscience.” Id. at 75. As for a showing of deliberate indifference, the Court stated:
(i) Where officials have the opportunity to make unhurried judgments,
deliberate indifference may shock the conscience, particularly where the state
official performs multiple acts of indifference to a rising risk of acute and

70
consideration of a legal remedy for harm caused to Mr. Card, creating an additional concern
about potential liability for Sergeant Skolfield and the County. In the final analysis, Sergeant
Skolfield’s decision to leave Mr. Card’s home without attempting a warrantless entry was
constitutionally prudent and otherwise appropriate under the circumstances.

Under the circumstances, including a consideration of Captain Reamer’s assessment that

Mr. Card’s refusal to answer the door and engage with Sergeant Skolfield was not unexpected
due to his past behavior, it was reasonable for Sergeant Skolfield to conclude that further
attempts to contact Mr. Card would be futile because he would continue to refuse to
communicate with him and otherwise avoid contacts with SCSO personnel. After consulting
with Lieutenant Quinn, Sergeant Skolfield discontinued his attempts to locate Mr. Card, although
he left the File 6 in force.38

The Sagadahoc County Sheriff’s Office did not have any direct contacts with Mr. Card at
any time after (or during) Sergeant Skolfield’s response to concerns about Mr. Card’s mental
health during the period September 15-17, 2023, as reflected by the SCSO Names Table.

Moreover, it is noteworthy that neither Mr. Card’s family members nor Army Reserve
personnel notified the Sheriff’s Office that additional concerns about Mr. Card’s mental health
status had emerged.

Protective custody. As discussed in detail above and reiterating considerations addressed

above regarding Deputy Carleton’s response in May 2023 to concerns about Mr. Card’s mental
health, a Maine law enforcement officer “may” (i.e., has the discretion to) take a person into
protective custody if the officer has probable cause to believe that the person is both mentally ill
and poses a likelihood of serious harm to self or others, in which case the officer must deliver the
person of concern immediately to a medical practitioner for an evaluation.39 When assessing
whether a person of concern poses a likelihood of serious harm, an officer in Sergeant Skolfield’s
position must, in pertinent part, determine: (1) whether there was a substantial risk of self-harm

severe danger. To show deliberate indifference, the plaintiff must, at a bare

minimum, demonstrate that the defendant actually knew of a substantial risk of
serious harm and disregarded that risk.
(ii) Where state actors must act in a matter of seconds or minutes, a higher
level of culpability is required.
Id.
38
Following a routine Interstate Identification Index (“III”) protocol, the FBI sent a
computerized message to the Sagadahoc County Communications Center approximately 30 days
after the File 6 for Mr. Card was entered into the III system and inquired whether the File 6
should be extended or removed from the system. By that time, the Sagadahoc County Sheriff’s
Office had not received any information, including from the Army Reserve or the Card family,
that additional concerns about Mr. Card’s mental health had emerged. Consequently, Sergeant
Skolfield authorized the cancellation of the File 6, although the “armed and dangerous” flag
remained in the in-house computer system.
39
See 34-B M.R.S. § 3862(1).

71
manifested by recent threats, or attempts at, suicide or serious self-inflicted harm and/or (2)
whether there was a substantial risk of physical harm to other persons as manifested by recent
homicidal or violent behavior or by recent conduct placing others in reasonable fear of serious
physical harm.40

Mental illness prong. Based on information that Sergeant Skolfield gathered directly and
indirectly from Army Reserve personnel and family members, it was evident that Mr. Card was
exhibiting paranoid behavior, having angry outbursts, being aggressive (including punching
another soldier and threatening to punch the same or another soldier), and making generalized
threats of firearms-related violence, noting that despite initial reports indicating otherwise an
assessment by Army Reserve personnel downgraded the seriousness of his threatening behavior.
Therefore, it would have been reasonable to conclude that Mr. Card was mentally ill within the
contemplation of 34-B M.R.S. § 3801(5).

Likelihood of harm prong. As for the second prong of the determination, i.e., whether a
consideration of the totality of circumstances indicated that Mr. Card posed a likelihood of harm
to himself or others within the contemplation of 34-B M.R.S. § 3801(4-A),41 it appears from the
factual findings that Sergeant Skolfield did not discover any information indicating that Mr. Card
had recently (or at any time) threatened or attempted suicide or self-harm, or had recently (or at
any time) engaged in homicidal or violent behavior that had placed any specific person in
reasonable fear of serious physical harm.

To set the stage, it is important to note Sergeant Skolfield had the following information
when he began his response to concerns about Mr. Card’s mental health:

• First Sergeant Mote (via Detective Bagley) dutifully reported via a

memorandum that Staff Sergeant Hodgson had sent him a text message
reporting that Mr. Card had weapons and expressed beliefs that Mr. Card
was “messed up in the head,” posed a threat to the “[Army Reserve] unit
and other places,” and that “he’s going to snap and do a mass shooting.”
First Sergeant Mote’s memorandum also reported that Mr. Card “has been
hearing voices calling him a pedophile, saying he has a small dick, and
other insults,” beginning in the spring.

• First Sergeant Mote also described vague threats that Mr. Card made in
July 2023 that he would “take care of it,” apparently referring to his (Mr.
Card’s) belief that some of his soldier colleagues were calling him a
pedophile. According to First Sergeant Mote, Mr. Card shoved one of the
soldiers after “getting in his face” during the July incident, locked himself

40
See 34-B M.R.S. § 3801(4-A).
41
That is, in pertinent part: (1) whether there was a substantial risk of self-harm manifested by
recent threats, or attempts at, suicide or serious self-inflicted harm and/or (2) whether there was a
substantial risk of physical harm to other persons as manifested by recent homicidal or violent
behavior or by recent conduct placing others in reasonable fear of serious physical harm.

72
 in his room until First Sergeant Mote and some other soldiers talked him
out.

• First Sergeant Mote also stated that Mr. Card was treated at a psychiatric
hospital for two weeks after the July incident.

• More recently, according to First Sergeant Mote, Mr. Card told Staff
Sergeant Hodgson that he had heard people calling him a pedophile, which
prompted Staff Sergeant Hodgson to tell him to “knock it off because he
was going to get into trouble talking about shooting up places and people,”
after which Mr. Card punched Staff Sergeant Hodgson.

However, Sergeant Skolfield’s response subsequently led to determinations that undercut

the original nature and extent of the concerns about Mr. Card’ mental health, as follows:

• First Sergeant Mote, the author of the report that was prompted by Staff
Sergeant Hodgson’s text message regarding his concerns about Mr. Card’s
mental health, indicated to Sergeant Skolfield that Staff Sergeant
Hodgson’s concerns about Mr. Card’s mental health were, in so many
words, disproportionate, or that Staff Sergeant Hodgson was being an
“alarmist.”

• Captain Reamer, Mr. Card’s Army Reserve company commander,

acknowledged to Sergeant Skolfield during their telephone conference on
September 16, 2023,42 that the Army Reserve was obligated to treat a
message like the one Staff Sergeant Hodgson sent to First Sergeant Mote
very seriously.

• However, Captain Reamer added that in the present circumstances the

message from Staff Sergeant Hodgson must also be taken “with a grain of
salt,” indicating that the Army Reserve’s assessment of the situation raised
questions about the reliability of the information that Staff Sergeant
Hodgson provided.

• Referring to Staff Sergeant Hodgson, Captain Reamer repeated to Sergeant

Skolfield that the Army Reserve “considered the source” when evaluating
the information provided in the text message.

• Captain Reamer indicated that Army Reserve personnel had tried to fact-
check and assess the information contained in Staff Sergeant Hodgson’s

42
As reflected herein, Captain Reamer’s discussion with Sergeant Skolfield, including
concerning the Army Reserve assessment that Mr. Card did not pose a foreseeable risk of
imminent self-harm or harm to others, corresponded with what Captain Reamer told Saco Police
Officers Rossignol and Damon during a meeting that they had at the Army Reserve Center in
Saco on September 16, 2023.

73
 text message, which was the catalyst for the request for the wellbeing
check.

• Captain Reamer told Sergeant Skolfield that Staff Sergeant Hodgson had
been unable to give any information about any specific threat that Mr. Card
may have made, adding that the “validity of the text message” sent by Staff
Sergeant Hodgson was questionable.

• Captain Reamer also indicated to Sergeant Skolfield that Mr. Card had
never threatened any specific person or said anything about targeting a
specific location.

• Captain Reamer informed Sergeant Skolfield that he had spoken to Mr.

Card on September 15, 2023, when Mr. Card called him (Captain Reamer)
to confirm that he would not be attending the Army Reserve “drill” session
(at the Reserve Center in Saco) because he had to work at his civilian job.
Captain Reamer reportedly told Mr. Card that there would be no problem if
Mr. Card did not appear for the drill session.

According to Captain Reamer, Mr. Card “sounded angry” at “people” when

he spoke to him on September 15 (which is the day that Sergeant Skolfield
began follow-up on the concerns about Mr. Card’s mental health that Staff
Sergeant Hodgson expressed to First Sergeant Mote via the text message).

He (Captain Reamer) added that Mr. Card did not make any specific threats
during the telephone conversation. Rather, he (Captain Reamer) said, Mr.
Card seemed upset at how “things went down there at West Point,”
apparently referring to the incident that led to his hospitalization for a
mental health evaluation.

• Captain Reamer indicated to Sergeant Skolfield that the Army Reserve was
only requesting a documented wellbeing check of Mr. Card to ensure that
he was “good” and “alive.”

Therefore, although it appeared to Sergeant Skolfield that Mr. Card was mentally ill,
there were insufficient grounds to take Mr. Card into protective custody, which, based on the
facts and applicable law, was an objectively reasonable decision.

Confiscation of Mr. Card’s firearms. As described above in detail, Maine law provides
for a process to remove dangerous weapons from a mentally ill person who is in protective
custody and has undergone a psychiatric evaluation, endorsed by a judge, indicating that there is
a realistic potential for imminent self-harm or imminent harm to others, as well as other safety
considerations. See 34-B M.R.S. § 3862-A (Maine’s so-called “yellow flag” statute).

However, the dangerous weapon confiscation provisions of § 3862-A were not available
to Sergeant Skolfield under the circumstances presented to him in September 2023, because,
although Mr. Card appeared to be mentally ill, he (Sergeant Skolfield) did not have probable

74
cause to believe that Mr. Card posed a likelihood of self-harm or harm to others as defined by the
protective custody statute.43 An analysis supporting a conclusion that there was an absence of
probable cause for placing Mr. Card into protective custody is described in detail above as part of
the review of the protective custody issue.

Even if both preliminary prongs to the calculus had been met, a judge cannot endorse an
order to confiscate weapons from a person of concern pursuant to Maine’s so-called “yellow
flag” statute unless a law enforcement submits a declaration that the officer has probable cause
to believe that the person “possesses, controls or may acquire a dangerous weapon.” 34-B
M.R.S. § 3862-A(3). In these circumstances, Sergeant Skolfield’s probable cause along those
lines, as follows:

• During a telephone conference with Sergeant Skolfield on September 16,

2023, Captain Reamer told Sergeant Skolfield that he (Captain Reamer)
understood that Mr. Card’s family was supposed to remove his (Mr. Card’s)
weapons from his (Mr. Card’s) home.

Captain Reamer said that he had been told that Mr. Card’s weapons had
been removed from his (Mr. Card’s) home and were currently being stored
in a family member’s house.

According to Captain Reamer, Staff Sergeant Hodgson, who Captain

Reamer characterized as the individual who “kinda started this whole
thing,” was supposed to move the weapons, but then Ryan Card, Mr. Card’s
brother, “supposedly” moved them.

However, he (Captain Reamer) added that he had been unable to verify that
the firearms had been removed because he (Captain Reamer) lives in New
Hampshire.

Captain Reamer told Sergeant Skolfield that he did not know if Mr.
Skolfield had any access to the firearms that were being stored at the
family member’s home.

As for Army Reserve weapons, Captain Reamer indicated to Sergeant

Skolfield that they had been accounted for, meaning that Mr. Card did not
have access to military weapons.

• During a telephone conference with Sergeant Skolfield on September 17,

2023, Ryan Card, Mr. Card’s brother, assured him (Sergeant Skolfield) that
he (Ryan Card) and his father (Mr. Card, Sr.) would work together to move
Mr. Card’s firearms from a safe at the Card family farm that Mr. Card
could access to another secure location.

43
See 34-B M.R.S. §§ 3862(1) (authority to take a person into protective custody), 3801(4-A)
(defining likelihood of harm for the purposes of taking a person into protective custody).

75
 Ryan Card also informed Sergeant Skolfield that he would “work with” Mr.
Card to ensure that he does not have any firearms independent of those in
the family gun safe at the Card farm.

Subsequently, Ryan Card contacted Sergeant Skolfield and reiterated that

he (Ryan Card) and his father (Mr. Card, Sr.) would be working together to
ensure that Mr. Card did not have access to any firearms, adding that they
have a plan for securing the weapons.

Thus, the factual findings indicate that Sergeant Skolfield was diligent when exploring
whether Mr. Card had, or would have, access to weapons, noting that it was reasonable for
Sergeant to conclude that he had insufficient grounds to take Mr. Card into protective custody
and, thereafter, to seek an order to confiscate Mr. Card’s weapons pursuant to the “yellow flag”
statute. If those grounds existed, it would have been reasonable or necessary for Sergeant
Skolfield to conduct further investigation into Mr. Card’s access to weapons.

Conclusion. The factual findings establish that it was not feasible under the totality of the
circumstances for Sergeant Skolfield to facilitate a voluntary psychiatric evaluation of Mr. Card’s
mental health status, but he acted diligently when encouraging Ryan Card, Mr. Card’s brother, to
do so and when offering the assistance of the Sagadahoc County Sheriff’s Office in that regard.
Reiterating a notation made at the conclusion of Deputy Carleton’s response to concerns about
Mr. Card’s mental health in May 2023, involvement of a mental health professional, along with
family and Army Reserve oversight of Mr. Card’s mental health status, was a viable strategy
from a law enforcement agency perspective because a mental health professional would
simultaneously treat Mr. Card’s mental health condition and serve as a community caretaker.
Under Maine law, for example, mental health care professionals have a duty to warn of or to take
reasonable precautions to provide protection from violent behavior by an individual under their
care who is likely to engage in physical violence that poses a serious risk of harm to self or
others, and may discharge that duty by communicating the treat to a potential victim, notifying a
law enforcement agency, or seeking involuntary hospitalization of the individual who poses the
threat.44

The factual findings also establish that Sergeant Skolfield did not have sufficient grounds
to take Mr. Card into protective custody, which also foreclosed his discretion to initiate the
process for confiscation of Mr. Card’s firearms.

After Sergeant Skolfield completed his response to the concerns about Mr. Card’s mental
health on September 17, 2023, the Sagadahoc County Sheriff’s Office did not have any contact
with Mr. Card. Similarly, no member of the Card family and no member of the Army Reserve
contacted the Sheriff’s Office after September 17, 2023, to report additional concerns about Mr.

44
See 32 M.R.S. § 2600-F (osteopathic physicians), 32 M.R.S § 3300-I (medical doctors), 32
M.R.S. § 3820 (psychologists), 32 M.R.S. § 6207-C (certified alcohol and drug counselors or
licensed alcohol and drug counselors), 32 M.R.S. § 7007 (social workers), 32 M.R.S. § 13867
(licensed counseling professionals).

76
Card’s mental health, which would have prompted an additional response from the Sheriff’s
Office.

CONCLUSION

This independent, third-party review emerged from the aftermath of the murder of
eighteen individuals and wounding of many others in Lewiston on October 25, 2023, which was
tragic beyond measure. The enduring impact of that catastrophe on Sagadahoc County personnel
involved in this review was evident during the review process, and it continues to affect the
families and friends of the victims, as well as the community as a whole.

The reviewer acknowledges that all participants, including Sheriff Merry, Sergeant
Skolfield, Corporal Fitzpatrick, Deputy Carleton, and Deputy Kindelan, cooperated with the
review process without any hesitation whatsoever, and they did so without regard to the
possibility that an independent, third-party review may result in criticism. Indeed, Sheriff Merry,
insisted that the review be performed impartially, and that the reviewer make evidence-based
findings that reflect transparency.

Accordingly, this review was conducted using a lens that was focused on the
circumstances as they were known to personnel of the Sagadahoc County Sheriff’s Office at the
time that relevant events were occurring, without using the benefit of hindsight. The review
process established the legal requirements and restrictions, the best practices (as well as factors
that are considered by or influence law enforcement officers when responding to situations
involving mental health concerns), and other guardrails that reasonably applied to the totality of
circumstances established by the factual findings.

After an objective analysis, the reviewer concluded that the Sagadahoc County Sheriff’s
Office’s responses to concerns about Mr. Card’s mental health in May and September 2023 were
reasonable under the totality of the circumstances.

Moreover, the factual findings indicate that Sergeant Skolfield and Deputy Carleton each
diligently explored the nature and extent of the concerns about Mr. Card’s mental health and that
it was reasonable for them to conclude under the totality of the circumstances both that Mr. Card
did not then pose an imminent risk of self-harm or harm to others, that there were insufficient
grounds to take Mr. Card into protective custody or to take other actions, and that deferring the
monitoring of Mr. Card’s wellbeing, including guidance toward a mental health evaluation and
treatment, to third parties while emphasizing the availability of Sheriff’s Office resources if they
should be needed thereafter, was objectively reasonable.

Going forward, the reviewer recommends that the Sagadahoc County Sheriff’s Office
enhance its strategy for responses to mental health situations by:

• Continuing and enhancing its mental health-related training programs

(including training in the mechanics of applying statutory options for
handling mentally ill persons who pose a risk of self-harm or harm to
others).

77
 • Taking full advantage of its partnership with the newly available mental
health liaison resource (including the development of protocols for a multi-
disciplinary approach to incidents with mental health components,
especially procedures for follow-up by the mental health liaison with
persons of concern regarding their mental health status and treatment
initiatives).

• In consideration of the fact that responses to mental health-related

situations are resource intensive, exploring the creation of a
multijurisdictional and multidisciplinary mental health response team that
would be responsible for, at a minimum, oversight of responses to mental
health situations and, preferably, to assist with (or to fulfill) the procedures
necessary to assess the person of concern and, as appropriate, to take the
person of concern into protective custody (or to follow-up if the person is
in protective custody), involuntary commitment, emergency involuntary
commitment, and to effectuate the protection from substantial threats
provisions that would permit the confiscation of dangerous weapons from
persons who pose a risk of self-harm or harm to others.

In conclusion, the reviewer commends the participating members of the Sagadahoc

County Sheriff’s Office and the Sagadahoc County Communications Center for their candor and
cooperation during the independent, third-party review process.

Respectfully submitted,

Michael A. Cunniff

Michael A. Cunniff
McCloskey, Mina, Cunniff & Frawley

Date: November 21, 2023

78
 APPENDIX

Exhibit 1 (Transcript of a recorded meeting between Saco Police Officer

Rodney Rossignol, Saco Police Officer Amber Damon, and Army
Reserve Captain Jeremy Reamer beginning at 7:46 AM on September
16, 2023) ..........................................................................................................80

Exhibit 2 (Transcript of a recorded telephone conference between SCSO

Sergeant Aaron Skolfield and Captain Reamer beginning at 10:46 AM
on September 16, 2023) ...................................................................................87

79
 EXHIBIT 1

Transcript of an Audio Recording of a Meeting between SPD Officer Amber Damon, SPD
Officer Rodney Rossignol, and Army Reserve Captain Jeremy Reamer at the Army
Reserve Center in Saco on September 16, 2023
7:46:36 AM to 7:51 AM45

Damon: Hi.

Reamer: Okay. We can go out this way to talk.

(Pause, all are walking)

Reamer: How you doin’?

Damon: Good, how are you?

Reamer: Not too bad, not too bad. Um, so what – I know my First Sergeant,
you guys got calls from a couple people from us?

Rossignol: Uh…

Unidentified: As of right now, August 1st.

Damon: Yes.

Reamer: So, what were you guys told, to make sure that we kind of…

Rossignol: Um –

Damon: It was kind of, ah, so we were given two specific, um, plates to
look out for, in reference to him making statements about basically
coming here and shooting up the place.

Rossignol: And shooting a couple people, yeah.

Damon: Um, so, and more so a wellbeing check. Kind of make contact with
him –

Rossignol: Yeah.

Damon: - to see if he still feels that way.

45
Officer Rossignol and Officer Damon were wearing activated body cameras during their
meeting with Captain Reamer, which began at 7:46 AM. This is a transcription of only the audio
portion of the body camera footage, which begins at 7:44:35 AM (Officer Rossignol) and
7:44:37 AM (Officer Damon), that was recorded during the meeting.

80
Reamer: Okay.

Damon: Um, uh, we had heard that he was supposed to be here for drill
today.

Reamer: Okay, so, I, um, yes, so this all came in and that initial, kinda, I
guess my First Sergeant kinda, from Ellsworth, pushed out –

Damon: Mhm.

Reamer: - a lot of the stuff that you guys have.

Rossignol: Yeah.

Reamer: I’m a cop in New Hampshire.

Rossignol: Okay.

Reamer: So, a little bit different than how you guys do it. But yeah, so he
pushed out that stuff to pretty much everybody in the – in the State
about him –

Damon: Mhm.

Reamer: - being a more of a check wellbeing. Just make sure that he’s good.
So, kinda covering everything, we sent, I think, the Sheriff out to
try to make contact at his house, he wasn’t able to find him there.
He did, uh, reach out to us, or we – he – he responded to us, he
actually called me yesterday. Um, I spoke with him, um, he was
angry, but never made any specific threats over the phone –

Damon: Okay.

Reamer: - to me like, “hey, I’m gonna come shoot everybody” or anything

like that.

Damon: Mhm.

Reamer: Um, and he’s just – he’s still angry about what happened kind of
over the summer.

Damon: Mhm.

Reamer: Um, so, um, I asked him are you gonna come to drill? He’s, like,
“no, I gotta work.” So, he drives truck, um for a company, I
forgot, I don’t know which company he drives truck for, but so he
kinda drives. He’s – he’s like “I gotta work this whole weekend,”
so I am not expecting him to actually be here.

81
Damon: Okay.

Reamer: Um, and we kinda went back and, um, talked – my First Sergeant
talked with the guy who made the initial – like sent us all the texts
with all the stuff that kind of blew everything from -

Damon: Mhm.

Reamer: – where everything kinda came from.

Rossignol: Yeah.

Reamer: He was unable to really give any specifics. The only – he only –
the guy only specifically mentioned one of my soldiers and said he
wanted to punch him. That was – that was kinda the only specific
“I want – you know, re… – I wanna punch him in the face.”

Rossignol: Yeah.

Reamer: Like that was kind of the only specifics.

Damon: Okay.

Reamer: He did say, you know, that he would shoot places, but never
specifically mentioned here, never specifically mentioned any
specifically – according to this one source, which… is not the most
credible of our -

Damon: Okay.

Reamer: – of our soldiers.

Damon: Okay, okay.

Reamer: So, he – he doesn’t have a, you know, it came in at two-something

in the morning …

Damon: Mhm.

Reamer: … so, was he drunk?

Rossignol: Yeah.

Reamer: We didn’t ask. We don’t really have all that and when we tried to
nail it down with some specifics, he wasn’t able to give us much.
So, it kinda really didn’t help any.

Damon: Okay.

82
Reamer: So, just kind of, what we kinda came up, like, was, alright, we’ll
see if we can get a check wellbeing on the guy, -

Damon: Mhm.

Reamer: - make sure if he’s good. Um, and then we’re just lettin’ you guys
know –

Damon: Yep.

Reamer: - to kind of being aware of what’s kinda going on.

Damon: Mhm.

Reamer: Um…

Rossignol: Yeah so – so they’ve had us all, basically –

Reamer: Yeah so-

Rossignol: staking out –

Reamer: Yeah, I saw –

Rossignol: - the place.

Reamer: - you guys over there and over there.

Rossignol: So, basically, we just want to know if that needs to continue.

Reamer: Um…

Rossignol: Or…

Reamer: I don’t –

Rossignol: …what?

Reamer: I don’t see the, uh, need to tie you guys up to – to do that for the
long term. I mean, I had you guys – obviously made contact with
you guys.

Rossignol: Yeah.

Reamer: I gotten to know here, you know where it is, -

Damon: Mhm.

83
Reamer: - if something does come in. I mean, the one specific person that
was targeted, I – I told him today if he does show up, you’ll be the
first one – we’ll get you out –

Damon: Mhm.

Reamer: - and you can just drive off, so then –

Rossignol: Oh, do -

Reamer: - we can try to handle that -

Rossignol: Does he have access to get to the gate?

Reamer: He - he probably knows the - the code.

Rossignol: Okay.

Reamer: The code to get into the gate.

Rossignol: Okay.

Reamer: Um, I don’t think he has any of the stuff to get in uh, anywhere
else, but…

Rossignol: Okay.

Reamer: Um, well we got a couple other, cops here that, can hopefully de-
escalate things -

Rossignol: Okay.

Reamer: - and kinda calm him down. At this point, probably if he does show
up, we’ll probably just give you guys a ring, and say “hey, can you
just come on out?” Just in the event that somethin’ turns.

Damon: Absolutely.

Reamer: But we’ll do our best to kinda de-escalate and handle it on our end
as far as we can.

Damon: Mhm.

Reamer: And I’ll probably get that one guy out, um, and get him out of here
so he doesn’t, you know, escalate things, for whatever the reason
because he does – he does have mental –

Damon: Mhm.

84
Reamer: - health issues. Um, you know I’d say probably schizophrenia
seemed to be what his – he’s delusional, hearing a lot of – lot of,
uh, things about being a pedophile, but nobody’s saying a word to
him about it, so.

Rossignol: Yeah.

Reamer: He’s – that’s kind of the – the deal, so.

Rossignol: Alright.

Reamer: Any other questions?

Damon: No, we just kind of wanted to see if you had any more information
to give us.

Reamer: Yeah, yeah.

Damon: Or something to give…

Reamer: I mean I guess, yeah. So, I did speak with him, and he’s not
supposed to be here -

Damon: Okay.

Reamer: - is what he’s told us. And that came from both the text message to
somebody else, as well as kind of calling me. So, we’ll take it as
that and we’ll keep an eye out for him, and we’ll give you guys a
call –

Rossignol: Alright.

Reamer: - if we need anything.

Damon: Sure, perfect.

Reamer: We appreciate you guys helpin’ us out.

Damon: Yeah, of course.

Rossignol: Yeah, no worries.

Reamer: And sticking around the area, so. Uh, in the middle of work.

Rossignol: Not much else going on this early.

Reamer: (laughter)

Rossignol: Yup. (laughter)

85
Reamer: But…you guys have to bring anyone extra on because of this? Or
you guys the only ones?

Damon: (laughter) No.

Rossignol: No no no no no. We didn’t – don’t have any – I mean we – we had

a couple people that stayed a little late, from the night shift, but…

Reamer: Okay.

Damon: Mhm.

Rossignol: They’re gone now, so.

Reamer: Okay.

Rossignol: But now we’re here all day so.

Reamer: Okay, perfect.

Damon: Yeah, give us a shout if you need us.

Reamer: Will do I appreciate it. Thanks guys.

Rossignol: Alright, thanks man.

Damon: Thank you.

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 EXHIBIT 2

Transcript of a Recorded Telephone Conference between SCSO Sergeant Aaron Skolfield

and Army Reserve Captain Jeremy Reamer on September 16, 202346
10:46 AM to 10:54 AM

Skolfield: Hey, Captain. I appreciate you calling me back. Uh –

Reamer: Yeah, no worries.

Skolfield: So, obviously we’re very concerned over this. I don’t wanna be an
alarmist or anything, but when you – when you –

Reamer: Yeah.

Skolfield: You know, it’s – I mean, I’ve got, you know, a lot of
documentation that said to me they’re worried about him doing a
mass shooting, and he’s having hallucinations, that he had been
institutionalized for a couple of weeks this past summer, and he’s –
he’s not showing any signs of improvement. Um, uh - just trying to
get some answers on – on uh, your end of it here. All of his
weapons from the National Guard have been accounted for, right?
So, he doesn’t have anything at the house?

Reamer: National Guard…so in terms of all the weapons, this is kinda how
it went down as far as I know.

Skolfield: Okay.

Reamer: Um, there was no real court order to take his weapons or anything
like that, so what was required was when he went to the institution,
um, over there, they – they – part of the thing is – which I wasn’t
even a part of, uh, to, mind you, like they didn’t keep me in the
loop on any of this ‘cause of HIPAA.

Skolfield: Right.

Reamer: Um, but the family was supposed to, uh, take care of all the
weapons and move it.

Skolfield: Okay.

46
This is a transcript of the audio portion of a “cruiser camera” recording that Sergeant Skolfield
made during his conversation with Captain Reamer as he was positioned on a road with a view
of Mr. Card’s driveway, which is reflected by the video portion of the recording.

87
Reamer: Um, obviously I lived in New Hampshire, so I was unable to
obviously verify any of it.

Skolfield: Right.

Reamer: Um, so as far as I know, his weapons, I was told, his weapons had
been moved, um, out into a family member’s, um, place.

Skolfield: Okay.

Reamer: Um, whether he has access to those at the family members’, I don’t
know. But that’s what, um, as far as I know, any weapons he had
were supposed to be moved by, um, his friend, um, Hodgson, who
kinda started this whole thing. And then, uh, his – his brother, um,
Ryan Card, which I have his contact information too.

Skolfield: Yeah …

Reamer: Supposedly had moved all that.

Skolfield: Okay.

Reamer: Um…

Skolfield: Alright.

Reamer: So that was what we kind of know. Um, I did speak with him
yesterday, Card.

Skolfield: Okay.

Reamer: Um, he called me after he kinda confirmed he wasn’t gonna come

up to – after we kinda started this whole thing initially, he called
later on. Uh, and stated that, you know, he wasn’t gonna come to
drill. Um, and I was like, okay that’s – that’s fine. Uh, he – he
sounded angry, um, definitely angry at people but made no specific
threats like “I’m gonna come there and shoot if nobody does” – I
mean nothin’ like that. It was not even, he’s just “I’m pissed off at
how everything went, no I gotta work,” um, because of how
everything went down there at West Point. He never said any
specific names, he never said anyone specific, he didn’t target any
specific sites, or anything like that.

Skolfield: Okay.

Reamer: Um, so that was my conversation – brief conversation with him

yesterday.

88
Skolfield: Alright.

Reamer: Um, so, yeah. And I just, um, just talked with my Battalion
Commander and Sergeant Major, um both – one works for the
government, federal government. The other one works as a State
Police of Maine.

Skolfield: Yup.

Reamer: Um, and, we kinda went through hashed it out and as far as they’re
concerned, they – they said like as long as you can kinda – if
you’re out there he’s – he’s there, he can be uncooperative or
whatever but there’s no sense in you guys pushing in and – and
regard, we just wanted to check wellbeing if you can kinda tell he’s
there and alive just kind of document it. Um –

Skolfield: He’s there, he’s alive, he won’t answer the door, and there’s no
good way to approach the trailer without being in a line of sight
through the curtains.

Reamer: Yeah.

Skolfield: Um…

Reamer: Yeah.

Skolfield: And, uh –

Reamer: So that - that’s what I mean we don’t – from our end here we don’t
– and I’m – I’m a cop myself. Um, I don’t want you guys to push
into something um, and – and escalate it past something at the
moment. Um…

Skolfield: Yup.

Reamer: You know there’s no sense. Like you guys cou – if you could just -
the only thing I would ask if you could just document it.

Skolfield: Oh, yeah.

Reamer: Uh, however – however you want, just document it. Um, just to
say like he was there, he was uncooperative. Um…

Skolfield: Yup.

Reamer: But we confirmed that he was, you know, alive and breathing. You
know, and then we can go from there. But that’s – that’s kind of
from our end here. Um, all we’re really looking for. Um, obviously

89
 I want – don’t want you guys to get hurt or do anything that would
–

Skolfield: Right.

Reamer: That would uh push you guys in – in a compromising position and

have to make a decision so, if um –

Skolfield: That’s our goal –

Reamer: That’s kind of –

Skolfield: I was hoping -

Reamer: Yeah.

Skolfield: - he was gonna come out, like I said I’m – I’m sure he saw the
cruiser out in the yard.

Reamer: Yeah. He – he – he did the same thing with us, um, down at um,
when this all kinda initially went down he was uncooperative -

Skolfield: Mhm.

Reamer: - um, with us so it seems to be his thing when he just doesn’t want
to deal with us – anybody, he just kinda locks in there. Nothing –
and nothing ended up happening. He didn’t have any weapons, he
didn’t, it didn’t turn into anything. He eventually came out –

Skolfield: Okay.

Reamer: - um, after we kinda got our – some of our guys out there to help
out with it.

Skolfield: Mhm.

Reamer: So, it’s not un – unheard of for him to kind of handle it this way.

Skolfield: Alright.

Reamer: Um, so, yeah, that’s – that’s kind of our two cents, but if there’s
something else that you guys see out there that you’re more
concerned about then um, then you can kinda act on it but –

Skolfield: No, I’m just a – acting on everything that was told by, uh, uh, the
detective, uh, from the Guard.

Reamer: Yeah. That they pushed out, yeah.

90
Skolfield: Yup, um –

Reamer: So, I – and I know and – and also – and I’m sure it was probably
relayed to you, the – the information that initially came when we
went to try to fact check it.

Skolfield: Mhm.

Reamer: Um, the text message, the guy who sent it out, he was unable to
even give specifics on, during that, so I don’t know like what, like,
the - the validity of the text message is.

Skolfield: Okay.

Reamer: But there was enough that we were concerned and needed to, like,
do a check well-being and stuff like that because of his history and
our understanding of it. Um…

Skolfield: Okay.

Reamer: And obviously when anyone texts anything like that, we obviously
need to take it very seriously. Um, but also taking it with, like, with
a grain of salt as well.

Skolfield: Right.

Reamer: Um, because we – we know where the source is coming from so

it’s kind of – that’s kind of what we were really looking – the goal
of it was. Was just to kind of make sure he’s, you know, where he’s
at, make sure he’s good, alive, um, and then just if we can
document it and we can go from there.

Skolfield: Okay, alright. Um, fair enough. Captain, I’m sorry, what was your
name again?

Reamer: Um, my first name’s Jeremy. J-E-R-E-M-Y.

Skolfield: Yup.

Reamer: And my last name is Reamer. R-E-A-M-E-R.

Skolfield: Okay.

Reamer: If you need my date of birth, I can give it to you.

Skolfield: No, it’s good enough. Um…

Reamer: Okay.

91
Skolfield: Yup, that’ll work. Um, I’m probably gonna reach out to Ryan Card
just to validate that any weapons, I get with the Cards. I mean, I’ve
kept everything off the scanner like I said they’re a big family in
this area, and -

Reamer: Mhm.

Skolfield: I didn’t – didn’t want to say on the radio that I’m off at a particular
address and have them listening on the scanner and go “okay
what’s going on.” And, but I think I can –

Reamer: Yeah.

Skolfield: - talk to Ryan Card and say hey I just want to make sure you’ve got
his guns, right? And uh, and –

Reamer: Yeah.

Skolfield: And uh…uh…go from there –

Reamer: Yeah, I mean I don’t think this is gonna get any better.

Skolfield: No, nor do I.

Reamer: Um, cause he’s – he’s refuse – yeah, he’s refusing any real medical
treatment. I mean, we got him as much as we could.

Skolfield: Mhm.

Reamer: But, you know, you can lead a horse to water but if he’s not gonna
drink it, then there’s not much we can really do. So, I’m not sure,
‘cause I like in New Hampshire. I’m a cop in New Hampshire, so
I’m not sure about your guys’ rules and stuff there, but maybe if
something were to -

Skolfield: (Inaudible) were more complicated -

Reamer: Yeah

Skolfield: - and then there’s the yellow flag laws. So, when there’s someone –

Reamer: Oh.

Skolfield: - who – who’s uh – uh – a – a danger to themselves or others,

there’s a process with – we’re supposed to go through to, uh, seize
their weapons if they are deemed a danger to themselves or others.
So that, you know, that – that um, obviously is a hurdle we have to
deal with, but at the same time, we don’t wanna throw a stick of
dynamite into a pool of gas either and make things worse.

92
Reamer: Yeah, yeah. I hear ya.

Skolfield: So, alright. Well, this just kinda sucks. I appreciate you callin’ me
back and it gives me some answers and a little bit to work with.

Reamer: Yeah, yeah. Well, you have my number.

Skolfield: Yup.

Reamer: Uh, if you need anything else, um, I mean my First Sergeant kinda
lives in Maine, knows a little bit more.

Skolfield: Mhm.

Reamer: Um, regarding that, but you can always reach out to me, and I’ll do
my best to kinda help out.

Skolfield: Hey, I appreciate it.

Reamer: Um, and answer any questions I can or get answers if you need it.

Skolfield: Yup. I appreciate it.

Reamer: Um, and we can go from there. Okay?

Skolfield: Alright. Thank you, sir.

Reamer: I appreciate it, thanks Deputy.

Skolfield: Have a good one.

Reamer: Bye.

Skolfield: Bye.

93