FedEx shooter never was given a ‘red flag’ hearing, according to prosecutor
Brandon Scott Hole, the former FedEx employee who shot and killed eight people at a facility in Indianapolis, never appeared in court for a hearing under Indiana’s “red flag” law last March, revealed Marion County Prosecutor Ryan Mears on Monday.
According to Mears, he believes that prosecutors were constrained in their means to assemble a case against Hole due in part to a 2019 amendment to the “red flag law” that calls on courts to make a “good-faith” effort to hold a hearing within a 14-day time frame. Due to these circumstances, prosecutors declined to have a hearing altogether.
In 2005, Indiana passed “red flag” legislation that would allow authorities to seize guns from people who displayed potential signs of violence. In March 2020, following a call from Hole’s mother worrying that he may commit “suicide by cop,” police took possession of a pump-action shotgun from an 18-year-old Hole.
During the seizure of the gun, another officer noticed “white supremacist websites” on Hole’s computer after he asked them to unplug his computer, according to the probable cause narrative from the incident that was released on Monday.
“Brandon, upon being placed in handcuffs became immediately anxious and stated, ‘Please just turn the power strip off on my computer. I don’t want anyone to see what’s on it,’” the report reads.
Mears was not happy with the outcome, or lack thereof from the hearing.
“This individual was taken and treated by medical professionals and he was cut loose,” and was not even prescribed any medication, Mears said. “The risk is, if we move forward with that (red flag) process and lose, we have to give that firearm back to that person. That’s not something we were willing to do.”
Indianapolis police have already said that they never returned the shotgun to Hole. Investigators have already said that Hole used two “assault style” weapons in the mass shooting. Alcohol, Tobacco, and Firearms officials also said that these guns were purchased legally through authorized dealers.
Mears has been working with Indiana lawmakers on making reforms to the “red flag” law in an effort to prevent another case like this from happening. He’s asking legislators for an extension on the two week timeline for a hearing to give prosecutors the chance to build a stronger case.
The red flag law is “a good start, but it’s far from perfect,” Mears said.
With News Wire Services
