He absolutely should have been in custody in my opinion. I've spent a considerable amount of time pondering how to get to the root of the problem and discovered that many times it appears that people fail or are afraid to take action even when it's brought to their attention that a particular person is consistently causing a problem. I've outlined all of the indicators in Cruz's case in the following thread. I find it anguishing that they want to convict the school resource office who actually tried to get Cruz committed because of this ambush when everyone knew that he was a problem so much so that he was place in some sort of program that basically shield a minor offender from the repercussions of their acts by sealing their criminal records, I think that was how it was explained. He always hated women. Then he decided to kill them.