Legal battle in shootings not over

FOREST COUNTY - An update on the on-going court battle surrounding the shootings in Crandon that took place almost two years ago. Families of several of the victims say the killer had a mental condition, and was unfit to do his job. Those families want to hold Forest County and the City of Crandon accountable for the actions of Tyler Peterson.

He was a sheriff's deputy and part-time police officer. While off-duty, he gunned down six young people, and injured a seventh before killing himself in October of 2007. The city and the county say Peterson met the requirements to do his job, and they had no reason to believe he would commit murder.

Almost one year ago, the house where multiple shootings took place was demolished, but the tragedy at 201 North Hazeldell lives on in the courts.

This spring, the families of Bradley Schultz, Lindsey Stahl, Lianna Thomas, Katrina McCorkle, and the lone survivor Charlie Nietzel filed an amended wrongful death complaint.

It outlines why they feel the City of Crandon and Forest County are responsible for Tyler Peterson's actions on October 7, 2007.

The families say Peterson suffered from an "anti-social mental condition" when he was hired by the Sheriff's Department and the Police Department.

The court filing goes on to say Peterson's appointment to the county's Special Emergency Response Team was a substantial factor in causing the murders.

The lawsuit alleges "Giving Peterson police powers, the possession of the assault rifle, and training in its use exacerbated Peterson's anti-social mental condition as it emboldened him to exert anti-social power and control over others and thereby increased the risk of harm to the public."

An attorney for the families says the city of Crandon and Forest County have a legal duty to hire people who are mentally fit for the job.

"I think from what we know now, it appears that apparently those doing the hiring said well we know this kid and he didn't seem to have any issues. After the fact, that's a little late," said Peg Lautenschlager.

The complaint also includes examples of Peterson's behavior the families say is evidence he suffered from a mental condition which might affect his job performance.

The families say he drank alcoholic beverages illegally, showed satisfaction in killing animals, and bragged about his rifle to others because it made him feel important.

The city and the county responded to the lawsuit last week in separate court filings.

Both deny Peterson suffered from a mental condition at the time he was recruited and hired.

The city responded, "...based on the information known … before and after Peterson was hired as a part-time officer, Peterson met and satisfied all of the requirements and qualifications to be certified as a law enforcement officer in the State of Wisconsin."

While the county said, "The criminal conduct of Tyler Peterson ... was so highly extraordinarily, unforeseen, and unpredictable as to make it unjust... to attach ... fault to Forest County."

Attorneys representing Crandon and Forest County did not return FOX 11's calls for comment.

The legal wrangling is expected to go on for some time. The next court hearing is scheduled for February of 2010.

Families of the shooting victims say they are focused on a memorial planned for the site of the shootings.

One relative tells FOX 11 a public hearing next month will decide if the families receive a permit to build the memorial garden and gazebo.

If approved, construction will begin immediately. They hope to complete it by the second anniversary of the shooting deaths.