Jones new guidance comes after Marion County Prosecutor Ryan Mears decided not to bring Brandon Scott Hole before a judge for a red flag hearing, even after his mother called police last year to say her son might try to die from “suicide by cop.”
Police seized a pump-action shotgun from Hole, then 18, in March 2020. Mears said his office did not seek a red flag hearing because the law didn t give prosecutors enough time to definitively demonstrate Hole s propensity for suicidal thoughts. Mears specifically pointed to a 2019 change in the law that requires courts to make a “good-faith effort” to hold a hearing within 14 days.
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A judge is updating the process for red flag petitions in Marion County after prosecutor Ryan Mears office was criticized for not submitting a red flag petition to the courts against the FedEx shooter following a police run-in in 2020.
Superior Court Judge Amy Jones, who oversees red flag cases in Marion County, initiated the changes this week but they are not yet confirmed, court administrator Emily VanOsdol and IMPD Lt. Shane Foley told IndyStar. The judge will request that law enforcement officers submit red flag cases directly to her courtroom instead of through the prosecutor s office.
After that, two judges will decide if there is enough probable cause that the person is dangerous to initiate a hearing over their gun rights. Foley said the new changes will make the red flag process more efficient.
Judge alters red flag process after Indiana FedEx shooting
CASEY SMITH, Associated Press/Report for America
May 6, 2021
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1of3Marion County Prosecutor Ryan Mears speaks during a news conference in Indianapolis on Monday, April 19, 2021. Mears said a former FedEx 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 police last year to say her son might commit “suicide by cop. (Robert Scheer/The Indianapolis Star via AP)Robert Scheer/APShow MoreShow Less
2of3Marion County Prosecutor Ryan Mears speaks during a news conference in Indianapolis on Monday, April 19, 2021. Mears said a former FedEx 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 police last year to say her son mi
Casey Smith May 06, 2021 - 2:37 PM
INDIANAPOLIS - All âred flagâ cases filed by Indianapolis police will now come before a judge after an Indiana prosecutor was criticized for declining to use the law to pursue court hearings that could have prevented a man from accessing the guns used to kill eight people at a FedEx facility last month.
Judge Amy Jones, who oversees the filings of red flag cases in Marion County, issued new guidance this week. All such reports will now go straight to her courtroom instead of the prosecutorâs office. Indianapolis police will have 48 hours to submit those filings, and two judges will then decide within 14 days whether to hold a hearing.
By CASEY SMITH Created: May 06, 2021 04:37 PM
INDIANAPOLIS (AP) - All red flag cases filed by Indianapolis police will now come before a judge after an Indiana prosecutor was criticized for declining to use the law to pursue court hearings that could have prevented a man from accessing the guns used to kill eight people at a FedEx facility last month.
Judge Amy Jones, who oversees the filings of red flag cases in Marion County, issued new guidance this week. All such reports will now go straight to her courtroom instead of the prosecutor s office. Indianapolis police will have 48 hours to submit those filings, and two judges will then decide within 14 days whether to hold a hearing.