All Indianapolis ‘red flag’ cases must come before judge after FedEx shooting

A judge this week issued new guidance requiring all “red flag” cases filed by Indianapolis police to be brought before her after a prosecutor was criticized for not pursuing a measure that could have prevented the suspect in the recent FedEx mass shooting from obtaining a weapon.

The Associated Press reports that Judge Amy Jones, who oversees red flag cases in Marion County, issued the new guidance this week with Indianapolis police now having 48 hours to submit their filings, after which two judges will decide in two weeks whether to hold a hearing.

In April, Brandon Scott Hole, a 19-year-old former FedEx employee, allegedly shot and killed eight people at a facility in Indianapolis. It was reported shortly after the shooting that Hole had used two assault rifles he had legally purchased.

Last week, Rick Snyder, president of the Indianapolis Fraternal Order of Police, criticized Marion County Prosecutor Ryan Mears, who he claimed had “failed to do his part” by not bringing Hole to court.

“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,” 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?”

Under Indiana’s red flag law, police may confiscate guns from a person deemed dangerous to themselves and others, the AP notes. Prosecutors can then request that a court ban that person from buying other firearms.

The FBI stated in April that it had removed a shotgun from Hole’s bedroom in 2020 after his mother warned authorities that he may attempt to commit “suicide by cop.”

Indianapolis police have filed 45 red flag referrals to the prosecutor’s office this year, the AP reports. All are awaiting rulings.