NOBLESVILLE, Ind. — The Hamilton County Probation Department recommended in court Tuesday that the teenager who shot two people inside Noblesville West Middle School in 2018 should be released into the custody of his parents.
Judge Michael Casati was given that recommendation during a hearing where he heard arguments from the shooter’s attorney as well as the Hamilton County Prosecutor’s Office on what should happen to the now-adult shooter.
CBS 4 is not naming the shooter because he has only been charged as a juvenile.
The shooter would likely already be in his parent’s custody if it weren’t for an incident back in March when the shooter fist-bumped the breasts of an employee at the juvenile facility where he was serving his sentence.
He was charged with battery in that case which led to the delay and debate about his release.
Attorney Ben Jaffe, who is representing the shooter, asked the judge to release him to his parents with restrictions such as GPS monitoring and mandated therapy.
The prosecutor’s office argued he should serve 120 days in juvenile lockup for that assault and then be moved to a transitional treatment facility.
During Tuesday’s hearing, the employee who was battered by the shooter made a victim impact statement. She testified that the shooter bragged about what he did to her and called her several names like “big t***y b***h.”
“[The shooter’s] test results show an individual whose intent is to demean, hurt, embarrass others,” said Chief Deputy Prosecutor Barb Trethan.
The prosecutor’s office said a facility with trained staff is best for the shooter who they believe is still a risk to the community.
“There’s a lot of therapy going on in there and if they can ever get the knots untied to figure out what on earth is going on with him maybe maybe he can be better,” said Prosecutor Greg Garrison.
Jaffe said his client simply messed up and called the assault “silly” and “inappropriate.”
He said it’s better that the shooter go back to his parents now instead of being held until he’s 21 and then released on the streets. Jaffe accused the prosecution of being “vindictive” and delaying the inevitable.
“If the psychiatric evaluation probation testing report shows he is a concern for this community you’re darn right we’re going to stick in there to the bitter end,” Trethan said.
Garrison said his office has fielded numerous calls from concerned community members who have said they’re worried about what could happen if he gets out.
“There’s always a concern, yes,” Trethan said. “All we can do is try to offer the best options in hopes maybe there will be some success.”
Judge Casati asked both sides to submit proposed orders for their terms of release to his office by Wednesday afternoon and said he will make his ruling soon after.
Both Jaffe and the shooter’s parents denied comment following the hearing.