Indiana prosecutor facing criticism after FedEx shooting

[DonViejo]

By CASEY SMITH
2 hours ago

INDIANAPOLIS (AP) — An Indiana prosecutor is facing mounting criticism for declining to pursue court hearings that could have prevented a man from accessing the guns used to shoot and kill eight people at a FedEx facility in Indianapolis.

The leader of the Indianapolis police union said Marion County Prosecutor Ryan Mears “failed to do his part” when he chose not to bring Brandon Scott Hole before a judge for a hearing under Indiana’s “red flag” law, even after his mother called police last year to say her son might pursue “suicide by cop.”

“Unfortunately, the lack of action by the Marion County prosecutor prevented a court hearing, which could have … prohibited the suspect from owning … any other firearms,” Indianapolis Fraternal Order of Police President Rick Snyder said. “Why didn’t the prosecutor seek the hearing that the statute requires? Why didn’t the prosecutor use all the legal tools available? Why didn’t the prosecutor try?”

The law allows police to confiscate guns from a person deemed dangerous to themselves or others. Prosecutors can then decide whether to ask a court to ban that person from buying any other firearms.

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https://apnews.com/article/indiana-shootings-gun-politics-54d538ffcf389248189fb585aa3bfade

[bermudat]

1. Why didn't the prosecutor refuse to have a court hearing on Brandon Hole?

The prosecutor as well as police do not see white males as an immediate threat.

[stopdiggin]

2. prosecuter has addressed this

(I think in terms of time frames, investigative times -- something) whether you 'buy it' is up to you. And apparently the 'police union' is saying BS. (But then again -- police union) But, anyway -- for those who care -- there has been some explanation for this failure put forth.

- IndyStar - Mears said that the red flag law gives the prosecutor's office 14 days to prove to a judge that an individual is unfit to own or purchase weapons. He added that during that time, the law does not explicitly prohibit someone from buying additional weapons.

Mears said two weeks was not enough time for his office to subpoena medical history and other records for Hole to build a strong case. He said that if his office pursued a red flag designation and failed, that shotgun would have to be returned to Hole, despite the agreement between law enforcement and the family.

"We weren't willing to take that risk," Mears said. -