There was a failed opportunity by the Marion County prosecutor in using Indiana’s red flag law to monitor the FedEx shooter who killed eight and injured several others, an Indianapolis police union said.
The prosecutor’s office should have at least asked for a court hearing on 19-year-old Brandon Hole, the alleged shooter who appeared in previous police reports, said Rick Snyder, Fraternal Order of Police president. Investigators looking into the April 15 incident have not yet uncovered a motive.
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“The system didn’t fail. Instead, prosecutor [Ryan] Mears failed to give the system the chance to work,” Snyder said, according to Fox 59.
The red flag law can’t be effective if it is not implemented early, Snyder added.
“One thing we know for sure is, 100% of the time, they won’t be on the red flag system if you don’t try to initiate the process and apply the law,” he said.
Indiana’s law, named for slain Indianapolis officer Jake Laird, allows law enforcement to seize a firearm from someone if they are determined mentally unstable or a danger to themselves or others.
The FBI confirmed Hole was temporarily placed in a mental health facility in 2020 after his mother said the teenager wanted to take his life via “suicide by cop.”
Hole was interviewed by the FBI in April 2020, but no racially motivated violent extremism concerns were suspected. A shotgun obtained by law enforcement from Hole’s home was not returned to him.
Mears, who called on lawmakers Monday to expand the red flag law, said there wasn’t enough evidence to determine Hole was a danger to the community. Prosecutors didn’t have enough access to Hole’s medical records, he added.
“I think people hear ‘red flag,’ and they think it’s the panacea to all these issues. It’s not. What it is, is a good start,” Mears said.
Prosecutors in surrounding counties agreed that the law has limitation but said Mears should have still filed a petition with the court.
Indiana defense attorney Ralph Staples said there “are a lot of moving parts” when it comes to red flag laws. Staples agrees with the arguments raised by Mears and Snyder, but both should move forward to solve a similar situation in the future, he said.
“Bad facts bring about change, but instead of trying to fix the blame, let’s fix the problem,” Staples said.
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The Washington Examiner reached out to the Indiana Prosecuting Attorneys Council and the Fraternal Order of Police.
