Prosecutors lacked enough time and evidence to obtain an order under Indiana’s “red flag” law that would have prevented the shooter who killed eight people in a FedEx facility from purchasing firearms, a top prosecutor said Monday. The order would have forced Brandon Scott Hole to appear before a judge to determine whether he could possess firearms.
The FBI said Hole, 19, legally purchased two rifles used in the April 15 shooting – although police seized a shotgun from his home last March after his mother said he could attempt “ suicide by a cop. ‘to commit.
Ryan Mears, Marion County’s highest prosecutor, said the incident was not enough to pursue a judge’s order to prevent Hole from buying more guns, and said the law’s 14-day waiting period was not enough. time to investigate potential risks.
“I’ve been very vocal about my feelings about this particular law, I think it’s a good start, but it’s far from perfect, but I think there’s a lot of room for improvement and I hope others are open to that,” said Mears in a press conference Monday.
Police seized the rifle on March 3, 2020, and Hole was being evaluated by mental health professionals, according to deputy chief Craig McCartt of the Indianapolis Metropolitan Police Department. The case was sent to the Marion County Prosecutor’s Office, where it ended.
“For us, the risk is if we go ahead with that procedure and we lose – guess what happens? That firearm goes back to that person,” Mears said. “I think people hear ‘red flag’ and they think it’s the panacea for all these problems – it’s not.”
At least 19 states have “red flag” laws, allowing police or family members to petition a state court to temporarily remove a firearm from a person who is a danger to others or themselves.
Indiana’s “red flag” law passed in 2005 and was nicknamed the “Jake Laird law” after an officer fatally shot the previous year. The law allows the police to seize weapons from anyone they believe poses a risk to themselves or others. Within 14 days, a court will hold a hearing to determine whether firearms should be retained.
John Feinblatt, Everytown’s president for Gun Safety, said an analysis by his group shows that “red flag” laws are “extremely effective in saving lives,” but, like any law, “they are only effective when they properly implemented. ”
Feinblatt pointed to the group’s analysis of mass shootings, which found that in 54% of mass shootings, the shooter showed visible warning signs of risk.
“The Indianapolis tragedy, in which the shooter showed clear warning signs before the disaster, should spur states with red flag laws to ensure they are properly implemented,” Feinblatt told CBS News. “The mass shooting in Indianapolis should also spur the 31 states with no red flag laws to pass their own.”
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A spokesman for Indianapolis Mayor Joe Hogsett said in a statement that his office is following the investigation and “what disruptions to the” red flag “law processes may be involved.”
Hole’s family recently apologized to the families of the victims. “We are devastated by the loss of life as a result of Brandon’s actions; through the love of his family, we have tried to give him the help he needed,” the statement said.
“Our sincere and most sincere apologies go out to the victims of this senseless tragedy. We are so sorry for the pain and pain felt by their families and the entire Indianapolis community.”
Karli, Karen Smith’s 19-year-old daughter, was among the eight victims. She was just fun to be around. She just made everything happy … She made you laugh, ”Smith said. “She was the light of my life.”
Nikki Battiste contributed to the reporting.