NOBLESVILLE, Ind.– The parents of the Noblesville West Middle School shooter have responded to a lawsuit filed by 13-year-old survivor Ella Whistler and her parents.
The lawsuit was filed on Nov. 19 in Hamilton County. The Whistlers say the shooter’s parents failed their duty to “exercise reasonable and ordinary care in the storage and safekeeping of their handguns, ammunition and other weapons dangerous to the health and safety of others.”
The lawsuit alleges if not for that negligence, Ella would not have suffered life-altering injuries and expenses.
The shooter’s parents deny they were negligent, and say all donations the Whistler family received should be considered if the court awards any damages.
“If this credit is not allowed the Plaintiffs will receive a double recovery for any injuries and damages,” the lawsuit reads.
The filing also states their son and Noblesville Schools both bear responsibility for the shooting.
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.
In their lawsuit, the Whistlers demanded a jury trial and “respectfully request judgement in an amount that will fairly compensate them for the losses and damages they have and will continue to sustain” as a result of the shooter’s actions.