NOBLESVILLE, Ind. – A Hamilton County judge has granted a request for a jury trial in the lawsuit filed against the parents of the Noblesville West Middle School shooter.
The parents of shooting victim Ella Whistler, 13, are suing the shooter’s parents, claiming they were negligent, and failed to store their guns and ammunition properly.
The lawsuit was filed on Nov. 19 alleges if not for that negligence, Ella would not have suffered life-altering injuries and expenses.
The parents deny that claim, saying their son and the school and the school share responsibility. They also say donations to the Whistler family should be considered if the court awards damages.
“If this credit is not allowed the Plaintiffs will receive a double recovery for any injuries and damages,” the lawsuit reads.
The 13-year-old boy admitted to the shooting and was ordered by a judge last month to serve time in a juvenile detention center until he’s 18 years old. That is the most severe punishment he could receive.
Whistler survived after being shot seven times. Teacher Jason Seaman was shot three times. He testified that the teen returned to his classroom from a bathroom break and started shooting. Seaman said he threw a mini basketball at the boy as he fired shots, and then tackled the youth and disarmed him.
It’s unclear at this time when the trial will begin.