The lawyers representing Zachary Cruz, younger brother of Parkland shooter Nikolas Cruz, are seeking to have a Broward Sheriff's Office probation official held in contempt of court. The dispute is over a visit Zachary made to his mother's final resting place on Mother's Day weekend.
Cruz's ankle bracelet, the result of his probation for skateboarding on the Marjory Stoneman Douglas High School campus, activated during the visit, even though, according to Cruz's legal representatives, there is no prohibition on him visiting Broward — only a ban on him coming within a mile of the Parkland campus where 17 people where killed by his brother.
The motion seeks the contempt citation against David Scharf — BSO's executive director of community programs — and says he has made it his personal mission to constantly monitor Cruz's whereabouts in Broward County despite Cruz having the freedom to be in Broward.
Nexus Services, the company that is providing Cruz with a job and a place to stay in Virginia, said that during the visit to Broward Scharf called repeatedly.
""Mr. Scharf [said] that 'technically' there was no restriction on Mr. Cruz being in Broward County, but that he personally wanted to be able to track Mr. Cruz, know when he was in Broward County, and when he had left the area as well," the motion said.
Cruz, 18, is currently on probation for trespassing onto the Stoneman Douglas campus in March, about a month after his brother's rampage. He was recently arrested again for violating that probation by driving without a license.
With the permission of the court, he is relocating to Virginia.
According to the motion, his monitoring device activated during the cemetery visit.
When an ankle bracelet sends out an alert, law enforcement is notified, indicating a violation of probation.
BSO did not return emails and phone calls from the Miami Herald Monday.
"I just wanted to see her one more time," Zachary said. "I wanted to feel my mom's presence before leaving; just have an inside-my-head conversation with her. Instead, I was too busy worried about being arrested. My ankle bracelet wouldn't stop."
Cruz' mother, Lynda Cruz, adopted the brothers at birth. She died in November of a respiratory illness, leaving the two without a family. Nikolas Cruz shot up the school on Feb. 14, using an AR-15 semi-automatic.
As he entered the cemetery, red lights flashed on the ankle bracelet and it vibrated against his ankle bone, the complaint stated.
"Mr. Scharf thus acted intentionally and willfully when he called House Arrest Services and demanded that all of Broward County be the exclusion zone, solely for his own knowledge of Mr. Cruz’s whereabouts, knowing this would trigger an unjustified violation and arrest," Cruz's attorney, Mike Lowry said. " It is clear Mr. Scharf has a personal vendetta against Mr. Cruz, and someone wielding such power creates an environment where Mr. Cruz simply has no possibility of successful completion of probation."