MOUNT CLEMENS, Mich. (WXYZ) — On Wednesday, 7 New Detroit spoke with Macomb County Prosecutor Peter Lucido about the mother of the Rochester Hills splash pad shooter.
He said what she allegedly knew about her son before the shooting, "fits the absolute description of the red flag law, right on point."
There are three types of the law that took effect in Michigan in February.
The law allows family members, romantic partners, medical professionals, guardians and police to petition a judge to remove firearms from individuals who they believe are at risk of using the weapons against themselves or others.
So, should the mother of 42-year-old Michael Nash have reported him?
Hear more from Lucido in the video below:
On Monday, Oakland County Sheriff Michael Bouchard said a family member told them, "He had been musing about different things ‘shut your phone off, we’re being watched, they are listening to us.’ Walking around the house with weapons, talking about them listening to him."
RELATED VIDEO: Oakland County sheriff provides update on Rochester Hills splash pad shooting victims, investigation
In response to that, Lucido offered, "As a result, when she learned of that and knew that he had a dozen guns, isn’t that what the red flag law's all about is making the report, so that the person doesn’t harm himself or harm any third parties?"
The language of the red flag law does not suggest it is a requirement to report a person.
7 News Detroit reporter Sarah Michals asked Lucido if knowing that, there is still an ability to prosecute.
He said, "Depending on the circumstances and the information and the evidence presented, only then can I make a determination of whether or not there is a charge to be had. But your point is validly taken because there is no mandate."
This discussion comes about two months after James and Jennifer Crumbley were found guilty of involuntary manslaughter in connection with a mass shooting by their son.
They were the first parents of a mass shooter to ever be held criminally responsible.
Still, the circumstances are very different.
"In the Crumbley matter, we had a juvenile under the age of 18, not an adult," said Lucido. "We had parents buying the weapons, not the son 42-years-old, and we had them train him how to use the firearm."
RELATED VIDEO: Officials provide update on conditions of Rochester Hills splash pad shooting victims
Lucido said when someone acts in the way the Rochester Hills shooter was allegedly acting, somebody has to take the first step to do something about it.
Only time, and evidence, will tell if not taking that first step is criminal.
"At the end of the day, we have innocent children and families sitting in hospitals right now that may not have sat there if somebody would have said something," said Lucido.
"We may look at this case, which is distinguishable from the Crumbley matter, and ultimately realize that maybe more safeguards are needed."
RELATED VIDEO: Oakland County Prosecutor responds to Rochester Hills splash pad shooting
Any charges won't come until after the prosecution's office has been given the investigation in its entirety and a request for a warrant.
