By Elise Hammond, CNN
(CNN) — Since the mass shooting at Columbine High School in 1999, the law enforcement protocol for responding to active shootings is to stop the attacker as quickly as possible.
Yet twice in recent years — in Parkland, Florida, and in Uvalde, Texas — school police officers have allegedly failed to follow that protocol.
In both instances, prosecutors criminally charged the officer for their alleged inaction. And in both cases, a jury found them not guilty of all charges.
While the details differ, the acquittals of Scot Peterson in Parkland and Adrian Gonzales in Uvalde demonstrate how difficult it is to prosecute law enforcement officers and suggest many jurors do not regard hesitation during a school shooting as a crime, legal experts said. The acquittals also offer insights into the upcoming trial of former Uvalde schools police chief Pete Arredondo on charges of child abandonment.
Before hearing from the officer’s perspective, it’s easy to blame them for not responding quickly, said Jeremy Eldridge, a criminal trial defense attorney and former prosecutor in Baltimore. But after hearing testimony, jurors tend to have more empathy.
“It becomes a lot more difficult once that officer is humanized to blame that officer for, frankly, the actions of another,” he said, referring to the shooter.
The acquittals of these officers also contrast with the successful prosecutions in Michigan and Illinois against the parents of mass shooters.
Together, the verdicts in these cases indicate prosecutors are focusing on a broader cast of defendants after a mass shooting — but juries so far seem more willing to grant deference to police than to the parents of shooters.
However, Eldridge said he doesn’t think the two acquittals will dissuade prosecutors from bringing charges in similar future cases. “The public is always looking for accountability,” he said, and that has increasingly extended to people other than the shooter.
Similarities of Parkland and Uvalde trials
Gonzales’ trial stemmed from the massacre of May 2022, when an 18-year-old gunman entered Robb Elementary school in Uvalde, Texas, and killed 19 children and two teachers. It took 77 minutes for law enforcement to stop and kill the shooter — even though Gonzales was at the school more than a minute before the massacre began.
Prosecutors alleged Gonzales failed to locate, engage or delay the gunman when he arrived at the school and while the shooter was still outside.
When he got there, a teacher’s aide told him what the shooter was wearing and the direction he was heading, before they both heard gunshots. Those gunshots from the parking lot were 59 seconds before the gunman walked into the school building, CNN’s analysis found.
His defense highlighted what he did do, such as calling for help, finding a map and helping evacuate students from other parts of the school. Gonzales said he never saw the gunman and did not fire a shot. After the shooting, he told investigators he heard the gunfire but didn’t know where it was coming from. The jury also heard Gonzales say in an interview with investigators that he got “tunnel vision” in the moment and made a “mistake.”