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People lay flowers in honor of the deceased during a vigil in Indianapolis Sunday. Photo: Jon Cherry/Getty Images

Brandon Hole, the 19-year-old shooter who killed eight people at a FedEx warehouse in Indianapolis last week, never had a "red flag" hearing in accordance with state law despite a warning from his mother he was showing signs of violence, a prosecutor said at a press conference Monday.

Why it matters: Indiana's "red flag" law allows authorities to seize guns from people who show "warning signs of violence," per AP. Had the shooter appeared before a judge and been found unstable, he may not have been able to purchase the guns used in the mass shooting.

Details: Hole's mother contacted authorities in March 2020 regarding her son's mental stability, saying he was having suicidal thoughts, according to the New York Times.

  • Police seized a shotgun in Hole's possession and Hole was taken to the hospital for several hours.
  • However, the next step of setting up a "red flag" hearing was never taken because prosecutors feared they would not be able to build a sufficient case in the 2 weeks allotted by the red flag law, the New York Times reported.

Leaving the case open-ended meant authorities did not have to return Hole's shotgun to him, but allowed Hole to months later purchase rifles used in the FedEx mass shooting.

  • "The risk is, if we move forward with that (red flag) process and lose, we have to give that firearm back to that person," said Marion County Prosecutor Ryan Mears. "That’s not something we were willing to do.”

Republican state Sen. Erin Houchin, who sponsored provisions to strengthen the state's red flag law, said the law in the Hole case “could have worked just as it should, but the prosecutor never pursued it.”

Go deeper

Indianapolis mass shooting suspect legally bought 2 guns, police say

Marion County Forensic Services vehicles are parked at the site of a mass shooting at a FedEx facility in Indianapolis, Indiana, on Friday. Photo: Jeff Dean/AFP via Getty Images

The suspected gunman in this week's mass shooting at a FedEx facility in Indianapolis legally purchased two "assault rifles" believed to have been used in the attack, police said late Saturday.

Of note: The Indianapolis Metropolitan Police Department's statement that Brandon Scott Hole, 19, bought the rifles last July and September comes a day after the FBI told news outlets that a "shotgun was seized" from the suspect in March 2020 after his mother raised concerns about his mental health.

Updated Apr 16, 2021 - Politics & Policy

Suspect in FedEx shooting identified as 19-year-old former employee Brandon Hole

Crime scene investigators walk through the FedEx parking lot in Indianapolis the day after a mass shooting left nine dead, including the gunman, who took his own life. Photo: Jeff Dean/AFP via Getty Images.

The suspected gunman who killed at least eight people and wounded several others in Indianapolis before killing himself has been identified by local police as 19-year-old Brandon Hole, a former FedEx employee, a company spokesperson told the AP.

The latest: Some of the victims in the deadly attack were identified by local law enforcement on Friday night.

Ina Fried, author of Login
1 hour ago - Technology

Intel CEO sees making own chips as a matter of national security

Pat Gelsinger. Photo: Axios on HBO

Intel CEO Pat Gelsinger is putting the pressure on the U.S. government to help subsidize chip manufacturing, insisting the current reliance on plants in Taiwan and Korea as "geopolitically unstable."

Why it matters: There is bipartisan support for funding the domestic semiconductor industry, but Congress has yet to sign the check. The Senate has passed the CHIPS Act that includes $52 billion in semiconductor investment, but it has yet to pass the House.