A former Employee who Shot and Killed Eight People at a FedEx Facility, in Indianapolis, Never appeared before a Judge for a Hearing under Indiana's “Red Flag” Law, even after his Mother called the FBI and Police, last year, to say her Son might Commit “Suicide by Cop," a Prosecutor said Monday.
Marion County Prosecutor, Ryan Mears, said Authorities did Not seek such a Hearing because they did Not have enough Time under State's Law Restrictions to definitively Demonstrate Brandon Scott Hole’s Propensity for Suicidal Thoughts, something they would need to have done to Convince a Judge that Hole should Not be allowed to Possess a Gun.
The “Red Flag” Legislation, Passed in 2005 allows Police or Courts to Seize Guns from People who show Warning Signs of Violence.
It is intended to Prevent People from Purchasing or Possessing a Firearm if they are found by a Judge to present “an imminent risk” to Themselves or Others.
Police seized a Pump-Action Shotgun from Hole, then 18, in March 2020, after they received the Call from his Mother. But the State Law only gave them Two weeks to make their Case in front of a Judge.
“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 previously said that they never did Return the Shotgun to Hole.
Authorities say he used Two “assault-style” rifles, he purchased in early 2021, to gun down Eight People at the FedEx fFcility, last Thursday, before he killed himself.
“There are a number of loopholes in the practical application of this law. ... It does not necessarily give everyone the tools they need to make the most well-informed decisions,” Mears said.
Mears also said he had already spoken to Legislators in the Past about Lengthening the Two-week Timeline.
Extending the Deadline would give Prosecutors more Time to Investigate a Person’s Background and Mental Health History before going in front of a Judge, said Mears, who added that he would also like to see the Statute Prohibit a Person under Investigation from Buying a Gun until the Hearing is held and the Judge makes a Final Ruling.
Mears said the “red flag” law is “a good start, but it’s far from perfect.”
Indiana inacted the Law, after an Indianapolis Police Officer was Killed, by a man whose Weapons were Returned to him, despite his Hospitalization months earlier for an Emergency Mental Health Evaluation.
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