The president of the Indianapolis Metropolitan Police Department’s union is lashing out at an Indiana lawyer for allegedly failing to prosecute the suspected FedEx gunman under the state’s “red flag” gun rule.
Marion County prosecutor Ryan Mears admitted last year that his office did not seek a competency hearing against Brandon Hole, 19, as required by the gun law.
A hearing of this kind may have been conducted when a shotgun was confiscated from Hole last year after his mother told cops that she suspected he intended to commit suicide by cop, officials said.
According to local station WLKY, Hole’s lack of hearing paved the way for him to legally buy the two guns he used in the massacre.
Eight people were killed in the FedEx massacre.
“How come the prosecutor did not demand the hearing required by the statute? Why didn’t the prosecutor make use of all available legal tools? Why didn’t the prosecutor make an attempt?” said Rick Snyder, president of the Indianapolis Fraternal Order of Police, adding that Mears “failed to do his part.”
Prosecutors were required by statute to present their case against Hole to a judge within 14 days to persuade them that Hole had a “high proclivity for aggression.”
If they were unsuccessful, Hole would have retrieved the weapons.
“In this scenario, it was a single incident; no further accidents were identified to us; the weapon was removed from the home; and there was an understanding that the firearm would not be returned,” Mears explained.
Republican state senator Erin Houchin of Indiana told WLKY that the legislation “should have performed perfectly well” in the case of the eventual FedEx gunman.
“I believe that if the prosecutor had followed the red flag protocol in this case, the 19-year-old would not have been able to buy a second firearm following the family’s voluntary surrender of the first,” Houchin said.