Prosecutor mulls charges for mother of Rochester Hills splash pad shooter

ROCHESTER HILLS, Mich. (FOX 2) - The state of Michigan's red flag laws went into effect six months ago – and now the Macomb County Prosecutor says the exact reason to use them would be now against the mother of the Rochester Hills splash pad.

Macomb County Prosecutor Pete Lucido said he is considering charges against the mother of the splash pad shooter. 

Her son, a 42-year-old from Shelby Township, carried out the splash pad shooting that injured two people including two kids. On Wednesday, the Oakland County Sheriff said all but three have been released from the hospital.

In Macomb County, where the shooter lived, Lucido is considering charges against her.

"That’s the exact reason the legislature put the red flags laws in," Lucido said.

The red flag law – legally known as the ‘extreme risk protection act’ – allows for relatives to ask the police to remove weapons if they believe that relative is suffering from mental illness. The shooter's mother never reported possible mental illness, despite cops finding 11 guns at their Shelby Township home – plus one left at the scene.

Rochester Hills resident mistook splash pad shooting for fireworks before she 'heard the screaming'

The challenge, Lucido is, is that people are not required to report.

"The fact is, the statute does not provide a ‘shall report’. It is ‘should report’. Maybe the legislator needs to take another crack at this," Lucido said.

Prosecutors can't charge anyone with a crime unless law enforcement brings a case – and the Oakland County Sheriff is still investigating. 

"I call it accountability. If my child is not right and they are exhibiting behaviors that may harm others and even themselves – in this case, her son shot himself – that’s a big problem to me.,' LUcido said.

The shooter's mother has an attorney and is not cooperating with law enforcement – which is her right.

Lucido maintains that other action could have prevented the shooting.

"She had an option to do two things. One is get her kid, do the right thing and report it to police so police can take the guns out of his hands for safe-keeping until we determine whether or not there’s something mentally wrong," he said. "Or do nothing and find the consequences that we have now," he said.

Lucido stopped short of calling her a criminal – and is awaiting the investigation from law enforcement.