A sheriff's deputy who was fired after hiding behind his car during the Parkland school shooting will be reinstated

• A deputy who was fired for his inaction during the Parkland school shooting in 2018 has been reinstated, and will receive full backpay and seniority, the police union said Wednesday.
• An arbitrator found that the Broward County Sheriff's Office violated Sgt. Brian Miller's due process rights by firing him two days after a 180-day window.
• Miller has defended his conduct during the shooting, telling investigators he'd heard the shots but had problems communicating over his radio, and was "trying to get resources and people in places to help."
• A report from the Marjory Stoneman Douglas High School Public Safety Commission said those claims were inconsistent with radio recordings and witness statements.
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A deputy the Broward County Sheriff's Office fired for hiding behind his car during the 2018 school shooting in Parkland, Florida, has just won his job back — along with full backpay for the months he was off the job, according to the police union.

Sgt. Brian Miller was one of four deputies who were fired last year for their alleged inaction during the shooting. His reinstatement came after an arbitrator said the sheriff's office violated Miller's due process rights by firing him two days after a 180-day window.

Miller's attorney, Gary Lippman, said at a news conference Thursday that the union had been prepared to address Miller's firing "on the merits," but first filed a motion addressing the violation of his procedural rights.

Miller earned $137,000 in 2018, including his salary, overtime, medical reimbursements, paid holidays, and other time off, The South Florida Sun-Sentinel reported.

A 2019 report from the Marjory Stoneman Douglas High School Public Safety Commission found that Miller and seven other sheriff's deputies were at or near the high school at the time of the shooting on February 14, 2018. None of them immediately took action, the report said.

The most notorious case was that of the former deputy Scot Peterson, the school resource officer who was on campus when the shots broke out, yet failed to confront the gunman. Peterson was arrested last June and charged with neglect of a child, culpable negligence, and perjury. He pleaded not guilty.

The former Broward County sheriff, Scott Israel, was also fired by Gov. Ron DeSantis for "neglect of duty" and "incompetence."

The commission report found no evidence Miller had directed deputies toward the gunshots he heard

Miller defended his conduct during the shooting to investigators, saying he'd heard the shots but had problems communicating over his radio, and was "trying to get resources and people in places to help." But the report said those claims were inconsistent with radio recordings and witness statements.

"Despite Sergeant Miller's claims, his first radio transmission was at 2:32:08, approximately ten minutes after the first radio traffic about the shooting and approximately five minutes after his arrival," the report said. "There is also no evidence that that Miller effectively 'directed resources' and no evidence that he directed deputies toward the gunshots that he heard upon his arrival."

Eventually, when the Coral Springs Police Department arrived at the scene and rushed into the school, officers reported seeing Miller and other deputies staying on a nearby road instead of entering the campus, the report said. Other officers also reported seeing Miller and other deputies taking cover behind their cars.

"Any law enforcement officer — regardless of rank — who arrives at the scene of an active shooter while shots are still being fired has an obligation to pursue the sound of those gunshots and confront the shooter, but Sgt. Miller remained behind his car in a position of personal safety," the report said.

Family members of the 17 shooting victims were outraged by the news. Ryan Petty, whose daughter Alaina was killed in the massacre, tweeted that Miller should resign.

—Ryan Petty (@rpetty) May 14, 2020

The current Broward County Sheriff, Gregory Tony, told reporters Thursday he still believes he made the right call in firing Miller.

"I stood by the termination then, I stand by it now," he said. "The arbitration process is always part of the final aspect for any employee that is terminated or suffers some form of disciplinary action that I take, and I understand that's always going to be on the table. But it's not going to change my decision-making, in terms of doing what's right for this community."

• Read more:
• The school resource officer who failed to confront the Parkland gunman has been charged with child neglect, but experts say you can't 'criminalize cowardice'
• 'It was my job, and I didn't find him': Parkland officer who failed to confront school shooter says he would have gone in if he knew where the shooter was
• How Columbine changed American schools forever
• 20 years later, Columbine High School massacre survivors say they still struggle and have debilitating anxiety

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