FedEx Shooter Didn't Have a Red-Flag Hearing, Indiana Prosecutor Says
April 19 2021 - 6:23PM
Dow Jones News
By Laura Kusisto
The Marion County prosecutor said Monday he had lacked
sufficient evidence to use Indiana's red flag law to pursue a court
order that would have prevented Brandon Hole from obtaining the
firearms he used to kill eight people.
Mr. Hole, a 19-year-old former employee of FedEx Corp., went on
a shooting spree before taking his own life at the company's ground
facility Thursday night. The Bureau of Alcohol, Tobacco, Firearms
and Explosives traced the two weapons used in the attack and found
that Mr. Hole purchased the rifles legally in July and September
2020, the Indianapolis Metropolitan Police Department said.
Indiana has a red-flag law that allows police to seize a firearm
from a suspect who is considered to be a danger to himself or
others. Any seizure requires a court hearing within 14 days to
determine the suspect's threat level. A finding of dangerousness
might lead not only to the seizure of the firearm but to a ban on
obtaining others.
While Mr. Hole was on the radar of law enforcement as someone
with mental-health issues and potentially violent tendencies, he
never had such a hearing, said Marion County Prosecutor Ryan
Mears.
In March 2020, his mother contacted law enforcement to report he
might try to commit "suicide by cop." Mr. Hole was temporarily
committed at a local hospital for evaluation of his mental-health
needs that month by the Indianapolis Metropolitan Police
Department, and police seized a shotgun at his residence.
Mr. Hole's family voluntarily agreed to surrender the weapon
permanently. Prosecutors didn't pursue a court hearing because they
were concerned that they would lose and potentially have to give
back the gun, Mr. Mears said.
"We had achieved our objective, which was to prevent that item
from going back to the person," he said.
Mr. Mears said there were limitations under Indiana's red flag
law to what his office could do to prevent Mr. Hole from obtaining
weapons in the future.
The 14-day timeline limited the prosecutor's ability to get
access to Mr. Hole's medical record to see whether he had a
documented history of mental illness, which would have helped build
a case against his being able to purchase weapons, Mr. Mears
said.
"There are a number of loopholes in the practical application"
of the state's red-flag law, he said.
Write to Laura Kusisto at laura.kusisto@wsj.com
(END) Dow Jones Newswires
April 19, 2021 18:08 ET (22:08 GMT)
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