Judge rules Stoneman Douglas deputy seeking legal fees from BSO should head to civil court

The judge who presided over the trial of a former Broward Sheriff's deputy found not guilty of all charges stemming from his actions during the 2018 mass murder at Marjory Stoneman Douglas High School says a dispute over who pays his legal fees should go to civil court.

Judge Martin Fein ruled Wednesday that his criminal court was the improper venue to settle Scot Peterson’s demand that the sheriff's office pay nearly a quarter million dollars he says is owed to the attorneys who worked on his successful defense.

Peterson asked Fein to allow his request to move forward, after the sheriff's office repeatedly denied his requests it cover his legal fees and expenses.

Florida law says law enforcement officers are entitled to legal representation at public expense when they prevail in litigation "arising from the performance of their officials duties while serving a public purpose," Peterson's petition states.

But the sheriff's office denied his request, saying "actions and omissions giving rise to (Peterson's) criminal charges were a material departure from BSO's written policies and procedures" and thus not allowed under the law.

Peterson's petition includes a lengthy, point-by-point denial of an internal affairs investigation that found he violated policies when he failed to enter the school building where students and staff were shot and killed on February 14, 2018.

The killer ultimately pled guilty and was sentenced to life in prison after a jury in October 2022 failed to unanimously agree on a death sentence.

Peterson's petition quoted a defense expert in his civil cases who said his decision not to go into the building was "a reasonable one based on the policy he was following. He didn't have real-time intelligence and hearing shots was not enough."

Peterson was a 32-year veteran when he chose to retire, rather than be suspended without pay, a week after 17 students and staff were murdered and 17 others were wounded at the campus where he served as a school resource deputy.

An internal affairs investigation recommended he be fired in April 2019, even though he had already retired.

He was formally fired June 4, 2019 after attending an administrative discipline hearing and was arrested at the end of that meeting, charged with child neglect and culpable negligence related to the deaths and injuries prosecutors say he could have prevented had he confronted the killer when he first arrived outside the 1200 Building.

But in June 2023 a six-person jury found him not guilty of all charges. Had he been convicted of a felony, he would have forfeited his $104,000 a year pension.

BSO's attorney argued in court the judge should not even consider the request because certain deadlines and paperwork requirements were not met.

But his response in court pleadings also said the department does not have to pay his fees and costs because the internal affairs investigation concluded he violated standards and policies against neglect of duty and unsatisfactory performance.

In addition, BSO also said Peterson failed to attach the required documentation to his request for fees, and did not file it with the court in the required time frame.

Peterson sent notice of his intent to seek reimbursement on July 28, 2023, within the 30-day window required by law. But he did not then include an itemized list of the time expended and lawyer rates and costs - an omission the sheriff's office claims further prevents him from collecting.

Finally, the department argues, even if the judge does order payment, state law limits it to a maximum of $100,000.

Peterson, representing himself, asked Fein to allow his request for fees and costs to move forward to a hearing.

But Fein said disputes over money belong in civil court and denied Peterson’s petition on those grounds.

Peterson first asked the department to provide or pay for his criminal defense in August 2019, less than three months after his arrest. The request was denied the next month.

While the department refuses to cover his criminal case fees and costs, it has, since 2018, retained lawyers to defend Peterson in state and federal lawsuits filed by victims' families and survivors alleging his negligence caused them damages.

Other than in the first weeks after his arrest, Peterson was represented by attorney Mark Eiglarsh, who is due $170,950 for the 263 hours he reported working during the trial month of June 2023 at a rate of $650 an hour, according to a statement attached to Peterson's petition.

His costs and fees and costs of two other attorneys who had the case previously total another almost $77,000.