Less than a week since a teenage gunman shot and killed four people at a Bend elementary school, questions still linger about the details behind the attack.
Many revolve around the shotgun used during the shooting — how a 16-year-old boy acquired the firearm and whether anyone else could be held legally liable for the crimes he later committed.
The boy’s mother, Shauntai Nickerson, purchased the Mossberg Maverick 88 pump-action shotgun used in the shooting, sources close to the investigation told OPB. They spoke on the condition of anonymity because the investigation is ongoing. Exactly how Nickerson’s son then acquired the gun has not been officially disclosed.
Nickerson did not answer when OPB tried to reach her for comment. She previously told reporters for the New York Times and CNN that she was sorry for the families’ losses and that if she could have done something to prevent the shooting, she would have.
The boy’s father, Griffin John, has been homeless in Astoria for the past several years, as first reported by The Oregonian.
The shooter was killed during the incident after a Bend resident followed him into Silver Rail Elementary and shot him. It’s unclear if prosecutors will pursue charges against Nickerson — a tactic that has been used in a handful of mass shootings committed by minors in other states.
Shawn Kollie, a Medford attorney who specializes in firearm law, said it could be an uphill road for prosecutors if they want to criminally charge Nickerson. They would need evidence showing that she knew of her son’s mental state and that she disregarded those risks. Finding that kind of evidence, Kollie said, is rare.
“In order for criminal liability to attach, there has to be some evidence that this person means to do people harm,” Kollie said.
Police have not yet revealed any motive the shooter may have had or social media posts he might have made in the days and weeks before the attack. He was once a student at the same school where the killings took place.
There have been at least two previous cases in the U.S. in which prosecutors brought charges against parents after their children committed mass shootings at schools: the Oxford High School shooting in Michigan in 2021 and the Apalachee High School shooting in Georgia in 2024.
In Michigan, Oakland County Prosecutor Karen McDonald successfully prosecuted the parents of a school shooter. Jennifer and James Crumbley were convicted of involuntary manslaughter; both were sentenced to 15 years in prison, and are eligible for parole after 10 years served.
McDonald told OPB on Tuesday the key to getting a conviction was proving the parents were fully aware of the dangers of their son having a firearm and failed to respond.
“It does not come out of nowhere, and the people around the young person are in positions always to see and hear something,” McDonald said. “The question is, ‘What was that, and to what degree is there any accountability in that?’”
Brad Smith, district attorney of the Piedmont Judicial Circuit in Georgia, said he took a similar approach for the Apalachee High shooting. In that case, the father of the shooter bought his son a rifle even though police had investigated threats made by the son about committing a mass shooting. The father was convicted of second-degree murder and involuntary manslaughter.
“These are societal problems, and we need to look further abreast of the actual shooter, especially when it’s a child doing it,” Smith told OPB. “We made it very clear in our case that we were charging the father for the father’s actions.”
McDonald also noted that prosecuting parents is not always appropriate for every case.
“This sort of action should be only used in the most egregious circumstances,” she said.
Oregon has tougher gun restrictions than many states, including a ban on bump stocks and ghost guns. The state also has so-called “red flag” laws that allow the temporary removal of a firearm if a person is deemed a danger to themselves and others.
Oregon also requires gun owners to safely secure all the firearms within their home. If a minor gains unauthorized access to a firearm, the owner can be subject to increased fines.
Still, Amie Wexler of the Oregon Alliance for Gun Safety said Oregon still lags behind many neighboring states.
“On the West Coast, we are the bad neighbors,” Wexler said. “When you look at Washington and California, they both have stronger gun laws than Oregon does.”
In 2022, a majority of Oregonians approved Measure 114, which bans high-capacity magazines and requires safety training, completed background checks and permits for firearm purchases. But those restrictions are not enforceable, as the measure has been held up by court challenges for years. The measure currently awaits a ruling from the Oregon Supreme Court.
Wexler said that if Measure 114 goes into full effect, Oregon would be among the states with the most stringent gun laws.
However, it would have had no effect on the Silver Rail shooting, because the gun used in the shooting did not have a high capacity magazine, she said.
This story comes to you from the Northwest News Network, a collaboration between public media organizations in Oregon and Washington.
