See update below.
Regarding the Indy FedEx shooting, I previously noted that Marion County prosecutor Ryan Mears was lying about Indiana’s “red flag” law allowing an individual to still lawfully buy guns. He still lying. Or I could generously call it “mischaracterization.”
Bull. Under IC 35-47-14-3 Warrantless seizure of firearm from individual believed to be dangerous the police are required to file an affidavit with the court, triggering the hearing.
Sec. 3. (a) If a law enforcement officer seizes a firearm from an individual whom the law enforcement officer believes to be dangerous without obtaining a warrant, the law enforcement officer shall submit to the circuit or superior court having jurisdiction over the individual believed to be dangerous an affidavit describing the basis for the law enforcement officer’s belief that the individual is dangerous.
They didn’t want to do the paperwork. And while it appears chumbucket really shouldn’t have guns, consider other people, who aren’t so dangerous. Indiana law allows warrantless seizures, but requires a hearing post-seizure, in a semi-nod to almost due process. IMPD is skipping that part in violation of the law. And the County Prosecutor’s office knows it and is letting them get away with it.
IMPD broke state law, thus allowing the shooter to obtain more guns. They enabled these murders.
How many other people have been denied due process and property by these people? I asked the Marion County Prosecutor’s Office
It appears from Mears’ statement that he is aware that IMPD is choosing
to ignore state law that says they “shall” file an affidavit, triggering
a hearing.1. Can Mears explain why he seems to be allowing IMPD to break the law?
2. Is Mears aware of any other instances of IC 35-47-14-3 being ignored
to deprive individuals of due process and property?
As yet, I have received no response. I will update this column I get answers.
Update, 4/20/2021: Still no response from the prosecutor’s office, but now Mears is changing the story from we didn’t want to risk chumbucket winning and getting his shotgun back to we didn’t have enough time.
Prosecutors lacked sufficient time and evidence to obtain an order under Indiana’s “red flag” law that would have prevented the gunman who killed eight people in a FedEx facility from purchasing firearms, a top prosecutor said Monday.
[…]
Ryan Mears, the top prosecutor for Marion County, said the occurrence wasn’t enough to pursue a warrant from a judge to prevent Hole from purchasing more weapons and said the law’s 14-day hold isn’t enough time to investigate potential risks.
It is not a 14-day hold. Per the law: 1) officer takes gun, 2) office fills out and affidavit explaining why he thinks the person is dangerous and sends it to court, 3) judge schedules a hearing to take place in no more than 14 days.
Given the number of family friends, and acquaintances who have come forward to say how mentally disturbedd the shooter was, I would think establishing that to the judge’s satisfaction would have been very easy.
I have contacted the MCPO once again.
1. Why did the officer not file the affidavit?
2. In how many other cases is IMPD not following IC 35-47-14-3?
3. What action will the Marion County Prosecutor’s Office take in this matter?
Further updates if MCPO ever responds.
