Oxford High School shooting: Attorney says security guard failed to act, thought shooter was an ALICE drill

An attorney representing families of Oxford High School shooting victims wants to amend the lawsuit to include a security guard after watching surveillance video that he says showed her walking past one victim and told investigators she thought it was part of a school shooter drill.

Attorney Ven Johnson said Wednesday that he has filed a motion to add security guard Kimberly Potts to the lawsuit, which currently names Oxford school district officials and teachers, as well as against accused shooter Ethan Crumbley and his parents, James and Jennifer Crumbley.

READ: Victims' parents sue teachers, counselors, and Crumbleys

Johnson said Potts told investigators she thought she heard on the radio that there was an Alert, Lockdown, Inform, Counter and Evacuate (ALICE) drill. He said Potts walked past Tate Myre after he was shot, and allegedly told investigators that she thought the drill makeup looked real.

Read more Oxford shooting updates here.

Surveillance video then showed her walking to the bathroom where Justin Shilling, Keegan Gregory, and Crumbley were with her gun out. She allegedly opened the door then walked away. After that, Shilling was shot. He died the next day.

Johnson said Potts told investigators that she didn't see or hear anything.

"We believe had she done her job, there would have been at least the death of Justin prevented," Johnson said.

In June, Judge Rae Lee Chabot ordered that surveillance video from the day of the deadly Nov. 30, 2021, school shooting be released to Johnson, who took the matter to court after he was unable to obtain it.

"It's a victory for our clients," Johnson said. "They have an absolute right to these materials."

Oakland County Sheriff's Office confirms Kimberly Potts was a deputy with them and retired in 2019.

Oxford Community Schools Superintendent Ken Weaver released the following statement:

"Our hearts continue to be with the students, staff, families and community members whose lives were forever changed by the tragedy on November 30, 2021. On that day, students and staff acted swiftly in accordance with their prior training and several staff members exhibited heroic courage. 

"Review by security experts confirmed our staff response reduced additional harm and loss of life. We are confident the investigation and third-party review of the events of that day will bring all of the facts to light. Safety continues to be our top priority at Oxford Community Schools. 

"We will not be deterred and will continue our commitment of providing a high-quality education for our students in a safe educational environment as we continue to honor Justin, Madisyn, Hana, and Tate."