Rocori

The settlements, approved Monday night by the school board, call for the district’s insurance and the insurance of McLaughlin’s parents to pay $200,000 to the families of Aaron Rollins and Seth Bartell. The district, which is self-insured, will pay $133,333 of that amount, said Shamus O’Meara, the attorney representing the school district. None of the district’s portion of the settlement will come from district general funds, he said.

The rest of the money will be paid by the McLaughlin’s insurer, O’Meara said.

The civil lawsuits had been dismissed by a judge earlier this year, and the case had been appealed to the Minnesota Court of Appeals. The continuing expense of ongoing litigation led to the decision to settle with the families, O’Meara said.

Todd County District Court Judge Jay. D. Carlson dismissed the lawsuit, ruling that the attorneys representing the Rollins and Bartell families had not complied with rules governing proper filing of civil lawsuits. Specifically, Carlson ruled that those attorneys failed to include their Minnesota address and that they improperly filed the lawsuit on behalf of the parents, rather than the trustees for each of the slain students.

McLaughlin's attorney, Davi Axelson, is expected to challenge the sentence.

"The M'Naghten Rule is outdated for everyone, but it's worse when it's considered for a 15-year-old, whose brain may not fully develop until the age of 21," said Rep. Mindy Greiling, DFL-Roseville, a mental-health advocate. Greiling said she plans to again introduce a bill seeking to update the M'Naghten Rule or replace it with a standard developed by the American Bar Association.

Dakota County Attorney James Backstrom, who is among the many Minnesota county attorneys who support the M'Naghten Rule, counters: "It's clearly the best test out there."

According to the M'Naghten Rule, only people who do not know right from wrong or who do not understand the nature of their acts can be found not guilty by reason of mental illness. People found legally insane are then committed indefinitely to a secure mental hospital rather than a prison.

Twenty-eight states use the rule or a variation of it because "it's such a simple, easily understood concept," Backstrom said. "Other tests focus on ambiguous terms or are subject to experts' opinions. M'Naghten is pretty straightforward."

But that doesn't mean it's not outdated, said Sue Abderholden, executive director of the Minnesota branch of the National Alliance for the Mentally Ill.

"Even England doesn't use it anymore," she said. "The M'Naghten standard is so strict. It's: Do you know right from wrong? What if you do ... but the voices inside your head override what you know is right and wrong? So, you don't meet the standards.

"The children's thing is a whole other issue. As a society, we have to decide, Do we treat children differently? And what is the cutoff?"

Shamus O'Meara, who represents the district and former principal, said much of the "information referenced about the school district is inaccurate and false ... and that criminal investigative agencies have determined to be baseless."

O'Meara said he couldn't be more specific about what parts of the lawsuit he was calling inaccurate. But when asked if one of them involved the alleged alert, he said: "That's an example of one of them."

The district believes its crisis management and response plans in place at the time of the shooting were sound, O'Meara said.

Rollins' father, Tom Rollins, said filing it was one of the toughest decisions they've had to make.

"It took us (the Rollins and Bartells) two years to decide to do it," he said. "It's not about the money. It's about getting the truth out."

He said he knows some in the community don't agree with their decision.

But, he said, "We'd all like to know if there were things that could have been done to prevent it. Any concerned parent would say if there were indications there was a threat, what was done?"

Jason McLaughlin was 15 when he brought a loaded .22-caliber pistol to school and shot Bartell, 14, and Rollins, 17. In 2005, he was sentenced to life in prison, with the possibility of parole after 30 years.

The lawsuit claims the school district and principal were told a week before the shootings that "an unidentified student planned to bring a gun to Rocori for the purposes of carrying out a shooting."

And on the day of the killings, the lawsuit alleges, there was another warning. It says a janitor found "4-20" written on the school, - a possible reference to the Columbine school shootings in Colorado on April 20, 1999, or 4-20-1999.

The lawsuit also alleges security equipment at the school was not in working order, and that the district didn't have a crisis plan in place.

And it alleges that McLaughlin's father, Stearns County Deputy Sheriff David McLaughlin, provided "virtually unlimited access to a cache of semiautomatic weapons and handguns in the home."

Rocori High School shooter Jason McLaughlin was sentenced in St. Cloud today to a life sentence and a 12-year prison term for killing two classmates in September 2003.

McLaughlin, 17, must serve at least 30 years of the life sentence he received for first-degree murder of Seth Bartell, 14. He also must serve at least eight years of the 12-year sentence for the second-degree murder of Aaron Rollins, 17.

Asked what he would do differently if he could relive Sept. 24, 2003, Rocori High School gunman John Jason McLaughlin said recently he'd simply get closer to one victim before he shot him.

Kim Bartell's voice rose in anger as she referred to the statement McLaughlin gave to corrections officials after his conviction in July in the deaths of her son, Seth Bartell, 14, and Aaron Rollins, 17.

McLaughlin has no remorse for what he did, she said. McLaughlin, she added "would have carried it out better, meaning to me he would have come out better. Not Aaron. Not Seth."

Aaron Rollins's mother, sister and father also took the stand. At one point, Aaron's father, Tom, held up a large family portrait taken before Aaron died.

"Jason handed us all a life sentence without parole, and he should get the same," said Sherry Rollins, Aaron's mother.

At issue is whether McLaughlin will serve his sentences consecutively or concurrently, and whether Kirk will give him a harsher sentence for the second-degree conviction in Rollins's death.

McLaughlin already faces life in prison on the first-degree conviction for Bartell's death, though he can be considered for parole in 30 years.

Sentencing guidelines call for 12 1/2 years for the second-degree murder conviction.

Tom Rollins, the father of 17-year-old victim Aaron Rollins, first told KNSI-FM in St. Cloud on Friday that some six months ago, prosecutors offered the deal to McLaughlin's attorney, Dan Eller.

Rollins said both his family and the family of the other victim, Seth Bartell, 14, didn't oppose the prosecution's offer.

Under the plea deal, Rollins said, McLaughlin would have plead guilty to all six charges against him, including first-degree murder for shooting Bartell.

In exchange, he would have been sentenced to 30 years, but could have served it at a mental institution until such time that he was declared mentally healthy - after which he would have served out the balance in prison, Rollins said.

2. On or prior to September 24, 2003 John Jason McLaughlin ("Defendant") knowingly took the following actions:

a. The Defendant took his father's 22-Caliber Colt semi-automatic pistol from a dresser in a spare be3droom in his home without permission. He took the gun while his father was in the shower, indicating his awareness that it was "wrong" to take his father's gun. The Defendant also took 10 federal long rifle (hollow point) cartridges from a closet in the bedroom and loaded those cartridges into the magazine of the pistol.

b. The Defendant had performed surveillance of the school prior to the shooting to detect security cameras and other security devices that would prevent him from carrying out his plan, indicating his awareness that it was "wrong" to take a gun to school.

c. The Defendant hid the pistol in his gym bag and entered Rocori High School before 7:30 a.m., again indicating his awareness that it was "wrong" to take a gun to school. The Defendant initially put the gym bag containing his pistol in his locker. At 7:40 a.m. he sent an e-mail from his keyboarding classroom to at the school Brittany Kelly. The unedited-mail read:

"Befor I go to far I have to ask you not to tell any one about this not the news cops or parents ok lets start at the top I like you I have always like you fome the first time I saw you until this varry day. I would have said some ting but I was too shy. But you were the nicest person I ever met and I thank you for that. So I guess this is goodbye my love."

This e-mail suggest the Defendant knew of the wrongfulness of his plan because of his request for Brittany to conceal his plan from others, his awareness that the police would be involved and his statement "befor [he goes] to far". Through his "goodbye", he also intimates that he was aware that his actions would prevent him from future communications with Brittany.

d. During the third period of the school day, the Defendant removed the gun from his locker and brought it with him to his Driver's education class. He asked other students if they had seen Cody Enstad "Cody" or Seth Bartell "Seth" at school that day.

e. The Defendant loaded his weapon in the bathroom in the swimming locker room so he would not be discovered and prevented from carrying out his plan.

f. Shortly thereafter, he followed Seth from the locker room to the hallway, where he aimed and fired the weapon at Seth, hitting him in the lower back on the left side. The gun jammed, and the Defendant un-jammed it to proceed with his plan

g. Because the first shot did not stop Seth, the Defendant pursued him down the hallway, shooting the second bullet wildly and without regard to whether he wounded or killed with his shot, contradicting his assertion that he intended only to hurt, and not kill Seth. The second bullet hit and killed Aaron Rollins. The Defendant followed his target, Seth, up the stairs, having paused briefly and losing sight of him in the stairwell. The Defendant arrived in the gymnasium after Seth. When Seth turned to face him, the Defendant shot Seth in the forehead, from a distance of two feet or less.

h. As the Defendant's story evolved in later interviews with mental health experts, he claims he only intended to shoot Seth in the shoulder in a manner that would only hurt and not kill.

i. However, the Defendant admitted to Agent McDonald on the date of the shootings that he planned to bring a gun to school to "shoot some people". The Defendant admitted that he followed Seth up the stairs to "shoot him again", indicating that he was aware that he had already hit and wounded his target.

j. The defendant completed a gun safety course in the Spring of 2003. In that course he learned, among other things, not to point a firearm at a living creature unless you intend to kill it, and the violent impact of firearms. The test he completed at the end of the course demonstrates that he took the course seriously and was proficient in the areas covered during the course. His ability to learn and test well during his Gun Safety course is in stark contrast to his school performance during that period and indicates his academic ability when motivated.

k. The defendant, prior to September 24, 2003 had frequently fired pistols at ranges with his father. Of the firearms he had fired, he was most familiar and proficient with the pistol involved in these shootings.

A district court judge has ruled John Jason McLaughlin was not insane when he shot and killed two classmates at Rocori High School in September 2003.

Judge Michael Kirk delivered his verdict Tuesday. Sentencing is scheduled for Aug. 30.

Kirk said it was clear McLaughlin suffered "some sort of mental impairment," according to The Associated Press. He added, "Numerous facts laid out in this case point to the defendant knowing his actions were morally wrong."

McLaughlin, who was charged as an adult, could face life in prison without possibility of parole.

Psychiatrist Maureen Hackett, who evaluated McLaughlin several times, said some of the allegations expert witness made last week - such as that McLaughlin took his cues from horror movies - were played up.

"His description of his experiences have been detailed enough to understand it was real to him. When he reported seeing these dead bodies, he didn't say, `I see dead people,'" Hackett said, in reference to a well-known line from the movie "The Sixth Sense."

"He does not want people to think he is mentally ill," she said. "I have seen him downplay his symptoms. As with other aspects of his life, he was afraid of being teased about it."

Hackett said she has evaluated about 300 defendants in criminal cases.

"If McLaughlin is found to have been insane at the time of the shootings, he would be committed to a secure mental facility. If he is found not to have been insane, he will be sent to prison after sentencing. Klumpp (the prosecutor) has argued that McLaughlin is feigning mental illness to enable him to say at a security hospital, where he is able to play video games and order pizza."

Who'd have figured? :roll: