lorida’s top law enforcement agency says it is investigating whether police committed crimes while responding to February’s mass shooting at Marjory Stoneman Douglas High School.

Immediately after the shooting, Gov. Rick Scott ordered the Florida Department of Law Enforcement to investigate law enforcement’s response to the shooting, including actions by school deputy Scot Peterson, who took cover outside rather than rush into the building as teachers and children were being shot.

Pinellas County Sheriff Bob Gualtieri, who heads a fact-finding commission into the Feb. 14 tragedy, told the Sun Sentinel that the criminal investigation “involves the response and Peterson and a number of things.” He said he was not at liberty to say more.

If you could show the officer was AWOL or under the influence, there might be some case that he was involved in some sort of official misconduct that impacted his ability to respond to these events,” said former New York police officer Eugene O’Donnell, now a lecturer at the John Jay College of Criminal Justice in Manhattan and a nationally recognized expert on policing issues.

It’s “inconceivable,” however, he said, that the state would pursue a criminal case on the grounds that Peterson made a “tactical judgment” not to intervene in a mass murder. Peterson had a handgun while the intruder wielded a semi-automatic rifle.

Fort Lauderdale criminal defense attorney Bruce Zimet, who is not involved in the matter, said: “Certainly, doing a bad job is not criminal. However, lying about what you did, if you’re a law enforcement officer, could be, under certain circumstances, criminal in nature.”