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MIAMI (CBSMiami/AP) -— The former Broward Sheriff’s Office deputy who didn’t rush into the building as a gunman killed 17 high school students and staff members is scheduled to testify this week before a commission.

Former Broward Sheriff’s Deputy Scot Peterson is scheduled to testify Wednesday during the second day of this month’s three-day hearing of the Marjory Stoneman Douglas High School Public Safety Commission.

But because a criminal investigation of the law enforcement response has been launched, he could cite his Fifth Amendment right against self-incrimination and refuse to testify.

Peterson was the school’s resource officer. Video shows him hurrying to the three-story freshman building, drawing his handgun but then remaining outside.

Peterson’s attorney, Joseph DiRuzzo III, did not respond to requests for comment.

(© Copyright 2018 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)

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