Families of Rocori victims are suing

By Margaret Zack/Darlene Prois
Star Tribune

COLD SPRING, MINN. -- It's been a little more than a year since John Jason McLaughlin, the teen who gunned down two Rocori High School students in 2003, was sentenced to life in prison after an emotional trial in St. Cloud.

But this week, residents of Cold Spring, the small Stearns County city where the shooting happened, learned that yet another legal battle over the shooting looms with the filing of a wrongful death lawsuit by the two victims' parents. And, that there may be new details about whether school officials knew ahead of time that McLaughlin planned to bring a gun to school on Sept. 24, 2003.

The wrongful death suit was filed Sept. 18 in Stearns County District Court by the parents of Seth Bartell, 14, and Aaron Rollins, 17.

The suit names as defendants the school district, its former principal, as well as McLaughlin and his father, David McLaughlin, a Stearns County sheriff's deputy.

The suit alleges that the school district and its former principal, Douglas Standke, were alerted before the shooting by a student or students, that "an unidentified other student planned to bring a gun to Rocori for the purpose of carrying out a shooting at Rocori High School the week of the eventual actual shooting."

Rocori officials and the former principal referred requests for comment to Shamus O'Meara, an attorney for the Cold Spring district. He 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 suit he was referring to. But when asked if one of them involved the alleged alert, he said: "That's an example of one of them."

Tom Rollins, the father of Aaron Rollins, said there will be those in the community who don't agree with the decision to file the suit.

But, Rollins 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?"

Better to settle?

In July, the Red Lake school district agreed to pay $1 million to 21 families of those killed or injured in the March 2005 school shooting that left 10 dead.

O'Meara represented the Red Lake district in that settlement. He said there was no formal suit from victims' families in those shootings, as there is with the Rocori case.

The Rocori families' suit also alleges that the school district and its employees did not enforce rules prohibiting the use of duffle-type bags, the kind in which McLaughlin concealed his weapon.

It further alleges that McLaughlin's father, a Stearns County deputy, provided his son with easy access to the gun and ammunition used in the shooting.

The McLaughlins were not available for comment Tuesday.

Joseph Daly, a Hamline University law professor, said Tuesday the question is whether the school knew or should have known that McLaughlin was dangerous.

In his opinion, Daly said this is the kind of lawsuit you often want to settle because there is so much emotion and the risk of a large jury award.

After the 1999 Columbine shootings in Colorado, 13 families of the victims split a $285,000 settlement from the school district and sheriff's office.

'Getting the truth out'

Tom Rollins said Tuesday that filing this suit 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"

Mike Austreng, editor and publisher of the Cold Spring newspaper, said Tuesday that the suit will generate discussion in the community.

"A majority will say if there were indications something was going to happen, why wasn't it acted on," Austreng said.

Daniel Eller, who was John Jason McLaughlin's defense attorney during the 2005 trial, said Tuesday this suit comes as a surprise.

"Things have been quiet in the Cold Spring area for some time, but it's not out of the minds of the parties," Eller said.