Zachary Cruz being harassed, his lawyers say
Zachary Cruz, brother of Parkland school shooter Nickolas Cruz, is being harassed by law enforcement — accused of terrorizing the community, arrested for a trivial infraction, held in jail after posting bond, and all but forced to take a conviction to avoid being unfairly jailed, according to his new lawyers.
Zachary Cruz, 18, was arrested Tuesday, accused of violating the terms of his probation after he pleaded no contest to trespassing on the campus of Marjory Stoneman Douglas High School in March.
Cruz was supposed to stay away from the campus of any school where he is not currently enrolled, and at least a mile away from Stoneman Douglas, where his brother murdered 17 people and wounded 17 more on Feb. 14.
But according to a warrant, he violated probation by driving a Kia SUV on April 28 without a valid driver license and for going within 25 feet of a parking lot at Park Vista Community High School in Lake Worth.
His new attorney, Mark Lowry, filed a written plea of not guilty on Cruz’s behalf Wednesday morning. A phone call seeking comment from Lowry was not immediately returned.
His previous attorney, Joseph Kimock, said he does not see evidence of a probation violation.
“I am concerned about BSO’s actions here,” he said. “They allege that Zach went within 25 feet of a school — but that wasn’t a condition we agreed to at his plea. We agreed that Zach could not go on school property, but there was nothing in his plea that said he couldn’t go near a school.”
Broward Sheriff’s Office spokeswoman Veda Coleman Wright said the agency was notified by Cruz’s guardian, Rocxanne Deschamps, that he was driving without a license or insurance and could be headed to Broward County.
Employees of the Sheriff’s Office found him on Saturday, close to the Park Vista Community High School parking lot. Deputies obtained a warrant to arrest him on the probation violation Monday. The Palm Beach Sheriff’s Office arrested Cruz on the next day.
A pro bono civil rights company called Nexus Derechos Humanos announced Wednesday that it will be filing a federal lawsuit on Cruz’s behalf, naming the Sheriff’s Office, the Broward State Attorney’s Office, and Broward County Judge Kim Theresa Mollica, who set bond for Cruz at $500,000 for a misdemeanor trespassing charge that typically sees a $25 bond.
“The sleep deprivation tactics, including the use of intimidating and harassing behavior by guards, the use of a restraint vest 24 hours per day, and the use of 24-hour intense lighting are procedures that amount to torture under the Geneva Convention, and are behaviors we do not permit soldiers to use in the battlefield,” according to a news release from Nexus.
Lowry referred questions about the case to Nexus. A spokeswoman for the nonprofit group said it would answer questions at a news conference Thursday.
Cruz remains in custody in Palm Beach County.
His brother, Nikolas, faces the death penalty if convicted of the 17 firstdegree murders.
The Broward Sheriff’s Office and the State Attorney’s Office declined to comment on the possible lawsuit. A message left for Judge Mollica Wednesday afternoon was not returned.