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OFFICE OF THE PROSECUTING ATTORNEY
24m JUDICIAL CIRCUIT
HAMILTON COUNTY, INDIANA

 

PRESS RELEASE
Tuesday, June 5, 2018

Due to the signi?cant number of media inquiries, the Prosecuting Attorney provides this release

relating to the shooting incident that occurred at Noblesville West Middle School on Friday, May 25?.

While the investigation into the shooting and possible related crimes remains ongoing, today the
Hamilton County Prosecuting Attorney?s Of?ce filed a petition alleging that? age 13,
is a delinquent child. Specifically, the petition alleges that Mr- committed acts that would be

felony or misdemeanor crimes if committed by an adult:

Attempted Murder, a Level 1 felony;

Attempted Murder, a Level 1 felony;

Aggravated Battery, a Level 3 felony;

Aggravated Battery, a Level 3 felony;

Battery by Means of 21 Deadly Weapon, a Level 5 felony;

Battery by Means of a Deadly Weapon, a Level 5 felony;
Possession of a Firearm on School Property, a Level 6 felony;
Possession of a Firearm on School Property, a Level 6 felony;
Dangerous Possession of a Firearm, a Class A misdemeanor;

10. Dangerous Possession of a Firearm, a Class A misdemeanor; and
11. Possession of a Knife on School Property, a Class misdemeanor.



>9

The fact that a child has been alleged to be delinquent is merely an accusation, and the child is

presumed innocent until and unless proven delinquent (guilty).

- initial hearing has been set for Monday, June 11, 2018 at 8:30 a.m. A trial date will be

established during that hearing.

As a Prosecuting Attorney I do not make the laws applicable to criminal or juvenile cases. My
of?ce works diligently to seek justice and enforce the laws as they exist. Under current Indiana law,

this case is not eligible to be heard in adult court despite the heinous or aggravated nature of the

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alleged acts and despite the serious harm caused. The legislature?s several statutory provisions address
circumstances in which children may or innit have their cases heard in adult court. First, several specific
offenses, including attempted murder, are known colloquially as ?direct file? offenses because charges
are filed directly into an adult court, hut thisprenirien npplier only to children who are rixteen (16) year; of age
or older. See I.C. Second, certain levels of felonies, including Level 1 felonies, are eligible
for waiver, which is a process whereby the Court may permit the matter to be handled within the adult
system, cilia applier onhl to children who are sixteen (l6)yenr.r efczge or older. See I.C. 31-30?
3?5. Third, ?heinous or aggravated acts? that would constitute felonies are eligible for waiver, hat their
premien applier only to children who arefenrteen (14)}enrr of age or older. See I.C. Fourth,
other felonies are eligible for waiver, thirprenirien applies (3th to children who are rixteen (16)year5 ofnge
or older. See LC. 31-30-3-3. Finally, an act constituting murder is eligible for waiver for children who
are twelve (12) years of age or older, thit rtatnte has heen exprerth/ interpreted to not an act comtitnting
attempted murder. See I.C. 31?30?3?4; PG. n. State, 669 443 (Ind. Ct. App. 1996).

Under the above-referenced current laws, a child thirteen (13) years of age can only be waived to
adult court if the attempt to murder an individual or individuals is actually successful. In this case,
due to the heroic and extraordinary efforts of many people, including teachers, a school nurse, the
Noblesville Police Department School Resource Of?cer, and many other first responders and medical
providers, thankfully, Jason Seaman and Ella Whistler survived. This blessing results in this matter
remaining in the juvenile justice system under our current laws, a result which will, I am sure, be very

troubling and unsatisfying for many people.

Under Indiana Code 31-39?2-8, the records of the juvenile court are available without a
court order to the public, subject to certain restrictions. Accordingly, such documents may be

obtained from the court.

Given the express constraints of statutes in juvenile cases and the Indiana Rules of Professional
Conduct, no further statements or details concerning this matter will be provided beyond those

permitted by statute and contained in this press release until disposition of this matter occurs.

HAMILTON COUNTY PROSECUTING ATTORNEY
One Hamilton County Square, Suite 134
Noblesville, Indiana 46060 Pre-Trial Diversion 776-8418
Bad Check Program 774-2513 (317) 776-8595 0 Fax (317) 776-8469 Deferral 770-8860