James Pilcher, Amber Hunt and Terry DeMio

The Cincinnati Enquirer

Family members of the man who killed three and wounded two before being gunned down by Cincinnati police Thursday had fought to get him committed to a mental health facility, according to Florida court records obtained by The Enquirer.

On at least two occasions, Omar Santa Perez's mother and sister argued before Palm Beach County judges that Santa was violent and mentally ill. In both instances, a judge granted what's called an ex-parte order requiring that Santa be evaluated by mental health professionals.

Santa was punching walls, talking to himself, refusing to take medication and frightening his sister and mother in various incidents between 2010 and 2012.

Santa also was referred by a separate judge in Broward County to be diverted to a mental health court, according to other documents obtained under open records laws.

If someone goes into treatment involuntarily, he or she typically is prevented from buying a gun legally. It's unclear whether Santa went into treatment voluntarily or involuntarily. The Enquirer is seeking additional records to learn more, although medical records typically aren't public.

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Cincinnati police say Santa bought his 9 mm semiautomatic handgun legally on Aug. 2 –a day after his 29th birthday – at one of the Shoot Point Blank indoor shooting range and gun shops in the Cincinnati region. Since last week's shooting, there has been no clear motive offered by police for the Cincinnati shooting.

Local relatives of Santa, including an aunt in Forest Park who had let him live off and on in her basement and who cared for him when he was a young child, were stunned by the news of last week's shooting. They knew Santa as quiet and believed he was working.

"I'm sorry, I'm sorry, no, no," said Maria Perez, Santa's mother, when contacted in Florida by The Enquirer on Friday. She has not returned calls since.

Records show Santa displayed a pattern of erratic behavior over the course of several years.

Before November 2010, he had lived with his father in North Carolina. He moved to Florida "due to his behavior," a Palm Beach County sheriff's report says.

Court records show that in December 2010, Santa was transferred to the mental health division in Broward County on Florida's east coast by a judge there overseeing a criminal case against him.

The Coconut Creek Police Department in Florida had arrested Santa two months prior on charges including disorderly conduct and resisting arrest without violence. Santa also had been previously arrested for marijuana possession. All of those offenses were misdemeanors.

In 2014, Santa was charged with trespassing at his former workplace in Greenville, South Carolina, after he was fired. According to a police report, he was lying on the ground in front of the business and smoking a cigar when police arrived.

"The suspect appeared to be upset and disoriented. When I would ask the suspect questions but he would respond with strange answers,” the report said. “The suspect mumbled something about the war and the economy, but for the most part talked about that he was upset that he was terminated.”

When officers asked him to leave, he refused and began to cry. Officers said he stopped complying with orders. He was then forcibly taken into custody.

Santa, who was born in San Juan, Puerto Rico, had been living in the Cincinnati region since 2015.

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The Enquirer requested all investigatory records regarding Santa from the FBI and the federal Bureau of Alcohol, Tobacco and Firearms (ATF), along with records from courts in Broward and Palm Beach counties and from Florida state agencies.

ATF spokeswoman Suzanne Dabkowski said Monday that each state has a different interpretation as to what the federal law prohibits, as well as different definitions for what constitutes involuntary mental commitment.

"It gets really hairy," she said.

Dabkowski said the agency encourages all states to report information about individuals committed for mental health records but compliance isn't always pristine.

The FBI maintains the national database of people who are prohibited from buying firearms, but it is unclear whether Santa's name was ever put on that list stemming from the Florida incidents. FBI officials have not yet responded to requests.

In 2017, Santa filed a lawsuit in federal court in Cincinnati, accusing CNBC Universal Media LLC and TD Ameritrade Holding Corp. of uncovering his identity and publishing private details about his life after extensive investigation of his personal devices.

On June 25, 2018, Federal Magistrate Karen Litkovitz recommended the case be dismissed, writing that Santa's allegations were "rambling, difficult to decipher and borders on delusional." Attorneys for NBC Universal and TD Ameritrade both had moved to dismiss the lawsuit.

On June 26, Santa filed a motion for a hearing to clarify his complaint and defend himself from the "delusional" label from Litkovitz.

Neighbors at Santa's last apartment, in North Bend, Ohio, described a bitter and reclusive man. One of those neighbors, Steve Connor, said he often saw Perez “walking down the street, looking pissed off at everybody.”

Santa's body was released to his mother and sent to a funeral home Friday, according to a report obtained by The Enquirer.

Dr. Lakshmi Sammarco, the Hamilton County coroner, plans to hold a news conference at 1 p.m. Tuesday about the Cincinnati shooting.

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Contributing: Jessie Balmert, The Cincinnati Enquirer

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