Consultant sued over Red Lake shootings

Families and former school employees say the firm's crisis management plan didn't work.

By TERRY COLLINS, Star Tribune

Last update: February 26, 2008 - 8:49 PM

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The families of people killed or injured in the 2005 Red Lake shootings are suing a Bloomington-based environmental consulting firm that sold the school district a crisis management plan.

Lawyers for the nearly two dozen families said Tuesday that MacNeil Environmental Inc. failed to create a safe school environment and to properly train students, staff and law enforcement about what to do in a crisis situation.

They claim that the Red Lake district gave MacNeil thousands of dollars in taxpayers' money to prepare for emergencies such as the March 21, 2005, shootings that left 10 dead -- including the teenage gunman.

"MacNeil sold a security plan that didn't work," said Elliot Olsen, a Minneapolis attorney who represents Steve Cobenais, one of the most severely injured students. "We intend to show that had MacNeil done its job, these deaths and injuries would have been prevented."

In addition to the families, the lawyers are also representing a handful of former high school employees in three separate lawsuits against MacNeil. Olsen said the company was served with the suits Friday.

MacNeil's lawyer, Roger Gross of Minneapolis, said Tuesday that it was premature to comment because he hadn't yet read all of the lawsuits.

MacNeil, which handles health and safety issues in state public schools, describes itself on its website as an experienced consulting and engineering firm.

In the aftermath of the 1999 shootings at Columbine High School in Colorado, in which two students killed 12 students, one teacher and themselves, Minnesota lawmakers required school districts to come up with crisis management plans.

The suits say MacNeil was hired by the Red Lake schools in 2002 to create a security plan for the district on the remote Indian reservation in northern Minnesota.

The lawyers say they have received strong expert opinion on their claims that MacNeil's plan was confusing, poorly formatted and contained conflicting directions for school staff.

On March 21, 2005, Jeff Weise, 16, killed his grandfather and grandfather's girlfriend at their home, then drove to the high school and opened fire, killing a security guard, a teacher and five students before taking his own life.

The suits say that MacNeil wasn't qualified and failed to inform the Red Lake district "of the weaknesses and vulnerability of the [high] school's design such as the ease with which an attacker could force entry into classrooms."

In 2006, the Red Lake School District agreed to pay $1 million -- the maximum amount a district can be held liable under state law -- to 21 families of those killed and injured. About $900,000 was divided among the families and the remaining amount was to be held in escrow for future distribution or to cover new claims.

"One million dollars is a small amount for the catastrophic deaths and injuries that occurred on that day," said Greg McEwen, a Inver Grove Heights attorney who represents many of the Red Lake families and school staff in the suits against MacNeil.

McEwen, also represents Jeff May, another severely injured student, is hopeful that this case will "get a measure of justice for these people who are still suffering today."

Terry Collins • 612-673-1790

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