Other law and order experts are weighing in on the case against the 10-year-old boy accused of threatening a mass shooting at his school in Cape Coral. They say Daniel Marquez’s text messages to a classmate needed to be investigated, but they dispute how the Lee County Sheriff’s Office did it.
WINK News investigative reporter Celine McArthur continues our in-depth coverage of this case. In his latest report, civil rights attorney Alan Dershowitz offered his insight into the actions of the LCSO.
His insight comes from his mastery of civil and constitutional rights and what it takes to bring a case to court. The two law enforcement experts involved in this story know what it takes to keep communities safe.
“The court of public opinion is ruthless and very ruthless, and subjecting a 10-year-old child to this can be very damaging.” – Jim Derrane, Ph.D., retired FBI Supervisory Special Agent.
Jim Derrane comes to this conversation with 20 years of FBI experience. Including:
“The world of counter-terrorism; and worked on domestic and international counterterrorism. I moved on to Quantico’s critical incident response group and helped train FBI operators and executives in critical incident response,” Derrane said.
Dave Benson has four decades of law enforcement experience.
“I retired as director of law enforcement training for the State Department in Washington, DC,” Benson said. “And my areas of expertise are violence prevention, violence management, violence mitigation, but also behavioral threat assessment and management. Helping the community because it is a community issue, recognizing these behaviors of concern, and when they accumulate, who to report it to and how to report it.
Neither is involved in the Daniel Marquez case, but based on media coverage, social media posts and available police reports, both experts have questions.
They want to know how an investigation into a possible threat of mass violence at a local elementary school can be completed in a matter of hours?
“It’s kind of surprising to me when they say the investigation is over, in my opinion and in my experience, that’s where the investigation begins,” Derrane said.
Sheriff Carmine Marceno told WINK News in a June interview that the Lee County Sheriff’s Office case was closed at 7:30 p.m. on May 28, when he posted Daniel’s perp walk on Facebook.
This is three hours after Daniel’s arrest the day the LCSO received the call regarding the text messages in question.
“Well, that was the conclusion of the investigation. So he’s arrested, he’s in our custody. He’s arrested for writing threats to commit a mass shooting,” Marceno said.
“As a former qualified criminal investigator, this investigation has only just begun. And so, there are many reasons… What is the motivation – if we can find out? »
We asked Marceno about a motive during our June interview.
MCARTHUR: “Do you know his motive?
MARCENO: “I don’t have to. When you write… do I know it or do I not know it? Should he be charged? Absolutely.”
“As threat assessment professionals, and within the school and education security community, we care a lot about mobile. We don’t want that to happen again,” Benson said.
Derrane adds: “I would like to have someone with experience and expertise in interviewing children. So, I would bring someone with me on my team. Then we’ll have to make a decision based on a 10-year-old’s ability to understand what’s going on. Which he did, because after all, he’s a 10-year-old using electronic media.
Both explain why they strongly disagree with Marceno’s decision to record and post on Facebook a video of Daniel being carried away in handcuffs, with the caption: “This student’s behavior is disgusting”, and the TikTok video where the photo by Daniel is changed to a version of the AC/DC song, “Shoot to Thrill”.
“At best, it’s useless. At worst, it smacks of unnecessary publicity,” Benson added.
Florida law allows publication of Daniel’s photo because it is a felony charge. However, the law is unclear regarding the distribution of videos.
“Just because you have the right to do something doesn’t mean you don’t have to do it, because you have a responsibility to protect your constituents,” Derrane explained. “And not just the people who live, in this case in Lee County, but also the people you care for because they are in the legal process. You also have a responsibility to them.
“Believe it or not, there are people who are considering doing something like this in the future, who might actually see it as a trigger, not a deterrent,” Benson said.
Derrane adds, “The sheriff would have said ‘I protect my people.’ »
Both say Marceno should not have disclosed certain details of the case, such as the text messages. They say free everything or nothing. We contacted Sheriff Marceno for comment. His response, in part, says, “As Lee County Sheriff, school safety is my top priority. He adds that “any threat made, real or false, will be immediately investigated and taken seriously.”
On Monday, the family said no to a plea deal from the state, so the family is due back in court on August 3.
You can see Celine’s coverage of this case here: