Police have closed their investigation into the former owners of a US nightclub where 49 people died in a mass shooting without filing charges.
Victims’ families and survivors of the killings at the LGBTQ-friendly Pulse nightclub in Orlando, Florida had asked law enforcement to investigate them for criminal culpability.
No charges will be filed against former owners Barbara and Rosario Poma because probable cause did not exist for involuntary manslaughter by culpable negligence, the Orlando Police Department said this week in an emailed statement.
About two dozen people, mostly survivors and family members of those who died in the 2016 shooting, gave statements to investigators.
They said that building plans were not available to first responders during the three hours hostages were held in the club and that unpermitted renovations and building modifications had occurred.
They also maintained that the club was likely above capacity, that it had operated for years in violation of its conditional use permit, and that there were security and risk-management failures.
Despite efforts to reach the the Pomas, investigators were not able to interview them.
Sara Brady, a spokeswoman for the Pomas, said on Wednesday that they are not issuing a statement.
Investigators concluded that the lack of building plans did not hamper rescuers, that it was impossible to identify how many people were in the club that night, that the city of Orlando never took any action against Pulse when the nightclub changed its interior, and that there were too many unknowns about how gunman Omar Mateen entered.
None of the Pomas’ actions were done “with a reckless disregard for human life,” and “they could not have reasonably foreseen or anticipated a terrorist incident taking place at Pulse”, investigators wrote in a report.
Mateen opened fire during a Latin night celebration June 12, 2016, leaving 49 dead and 53 wounded.
At the time, it was the worst mass shooting in modern US history.
Mateen, who had pledged allegiance to the Islamic State group, was killed after a three-hour standoff with police.
The Pulse shooting’s death toll was surpassed the following year when 58 people were killed and more than 850 injured among a crowd of 22,000 at a country music festival in Las Vegas.
The city of Orlando purchased the Pulse property last year for two million dollars (£1.5 million).
Before the Pomas and another businessperson sold the property, Barbara Poma was the executive director of the onePulse Foundation, the non-profit that had been leading efforts to build a memorial and museum.
The original project, unveiled in 2019 by the onePulse Foundation, called for a museum and permanent memorial costing 45 million dollars (£34.1 million).
That estimate eventually soared to 100 million dollars (£75.8 million).
Barbara Poma stepped down as executive director in 2022 and left the organisation entirely last year amid conflict-of-interest criticism over her stated desire to sell instead of donate the Pulse property.
The city has since outlined more modest plans for a memorial.
The original idea for a museum has been jettisoned, and city leaders formed an advisory board to help determine what the memorial will look like.
