01/07/2017
Ft. Lauderdale Shooting
The Fort Lauderdale shooting highlights law enforcement and legal system failings yet again. The issues are not the weapon and ammunition being transported via checked luggage or the Second Amendment of the United States Constitution. The Independence News Network (IndNewsNet) believes the issues are law enforcement follow through and mental health care in the United States and especially for veterans of Iraq and Afghanistan. According to Fox News, Mr. Esteban Santiago went into the Anchorage FBI office just two months prior to the shooting at the Fort Lauderdale airport. They handed him off to local law enforcement who took him to a local hospital for a welfare check. Per the Fox article, the FBI says that Mr. Santiago appeared agitated and incoherent. Add that to the assault charges, domestic violence, recent loss of employment, and an eviction from his home and you have all the hallmarks of a person undergoing extreme stress. The combination of the information, the total situational picture, should have led authorities to revoke, at least temporarily, Mr. Santiago’s concealed carry permit and removal of fi****ms from his possession. This is in accordance with the Gun Control Act (GCA) of 1968. The FBI did investigate and local law enforcement did do the welfare check for mental health. Was there a breakdown on what to do next to ensure Mr. Santiago did not possess fi****ms? Was there a clear understanding of the threat Mr. Santiago presented? The GCA of 1968 does not require the removal for admittance for observation which may have been the case with local law enforcement. This gray area of a committal versus observation is why a temporary restraining order (TRO) should be recognized with automatic restoration if cleared by court review. A TRO would allow law enforcement flexibility without overly burdening the rights of citizens. IndNewsNet is firm supporter of the Second Amendment and the entirety of the Constitution. A TRO is a valid legal tool for mental health cases in the observation stage, domestic violence cases, and other cases where the threat is elevated. A TRO can end automatically or require court review. The weapons though are not the most significant issue in this case.
The most significant issue in this case is the mental health industry in the United States. There are too few beds and too few doctors/doctorates available. Socially there is a stigma for people seeking mental health treatment. Insurance tends to cover a limited number of visits. In Virginia, this came to a head in the Creigh Deeds incident where the facility released the son of Deeds due to a lack of space. The next day, Creigh Deeds was stabbed by his son. The son then committed su***de. The Washington Navy Yard shooter had multiple mental health red flags but fear, apathy, and lack of knowledge prevented anyone from putting all the pieces together before the shooting occurred. Charles Whitman knew something was not right with his brain in 1966 but couldn’t stop himself. An autopsy revealed a tumor in his brain. People often seek help and know something is not right. Mr. Santiago sought help at the FBI’s office in Anchorage. Law enforcement took him to a hospital. The questions to ask concerns the hospital. Was the hospital adequately able to diagnose the mental state of Mr. Santiago? Did they have psychiatrists and psychologists on call? Did they rely on only one opinion? How long was the interview with Mr. Santiago? Was only one interview conducted or multiple? The way a mental health case is approached is important. As we have seen, it could mean life or death. Finally, the mental health of veterans has been lacking for decades. It is not unique to the veterans of Iraq and Afghanistan. Vietnam veterans were affected, Korean War veterans, World War II, World War I, Civil War, etc. have been affected. Basically, war affects the mental health of some veterans. The problem is that the mental health is not recognized in a lot of cases. Veterans are reluctant to come forward as they see it as a weakness. While in active duty, the service men and women have access to mental health providers but when they get out of the service, depending upon if they retired, left due to End of Active Service (EAS), or were discharged for some other reason, their access to mental health professionals is spotty. There is no civilian equivalent to a war environment. Veterans have to transition to society but it is not an easy process. Those with mental health issues feel the transition pains even more. The government has focused on getting jobs for veterans as well as education. They do have a limited transition process. Currently, a su***de prevention campaign has arisen within the Department of Defense. None of these efforts adequately address the special needs of a veteran suffering mental stress. The stigma of seeking help needs to be removed. Society needs to address the mental health needs of veterans.
The IndNewsNet advocates for more funding, much more funding, of mental health facilities throughout the United States and its territories. There needs to be an aggressive research approach to mental health with adequate funding. This can be government or private sector or preferable both. Mental health welfare checks should be conducted by licensed psychiatrists and psychologists. That is at least one of each for every case conducts a minimum of three interviews over several days. Academia needs to develop and include a specialty for crisis recognition for the mental health professionals. Society needs to stop stigmatizing people who seek help. Finally, the United States Congress needs to amend the Gun Control Act of 1968 to allow for a temporary restraining order for people under observation as well as the initial action before removal of the Second Amendment rights.
Resources
Ft. Lauderdale shooting suspect made confused visit to FBI, said US intelligence forced him to watch ISIS videos
http://www.foxnews.com/us/2017/01/06/ft-lauderdale-shooting-suspect-made-confused-visit-to-fbi-said-us-intelligence-forced-him-to-watch-isis-videos.html
Federal Law on Mental Health
http://smartgunlaws.org/gun-laws/federal-law/sales-transfers/mental-health-reporting/
Police: Son likely stabbed Va. state Sen. Creigh Deeds, shot himself
https://www.washingtonpost.com/local/crime/virginia-state-senator-injured-in-home-another-person-found-dead-inside/2013/11/19/3e419ac4-512c-11e3-9fe0-fd2ca728e67c_story.html?utm_term=.86f90ce873f7
1966:An ex-Marine goes on a killing spree at the University of Texas
http://www.history.com/this-day-in-history/an-ex-marine-goes-on-a-killing-spree-at-the-university-of-texas
Veterans & Active Duty
http://www.nami.org/Find-Support/Veterans-and-Active-Duty