INDIANAPOLIS, Ind. (WBBM NEWSRADIO) -- A week after the mass shooting at an Indianapolis FedEx facility, the Fraternal Order of Police is criticizing the Marion County prosecutor for failing to use the state’s red flag law against the suspect.
The red flag law allows police to seize firearms from a person found to be mentally unstable.
Last year, police were called to the home of the suspect, Brandon Hole.
Hole’s mother said he wanted to commit suicide by cop, and Hole's shotgun was taken from the home.
Following the incident, the prosecutor, Ryan Mears, did not file a petition that could have prevented Hole from buying more guns under the state's red flag law.
"The ultimate responsibility for this tragic event rests with the criminal suspect; however, the magnitude of this tragedy begs important questions. Why didn't the prosecutor use all the legal tools available? Why didn't the prosecutor try?," Indianapolis FOP President Rick Snyder said.
"What's interesting is he made this comment that he believed that family members are courageous when they ask police to take away a gun from a loved one. He then said he felt lawmakers needed to show the same kind of courage. So I would ask you, where was his courage to file paperwork, apply the law, and initiate the process."
The prosecutor said it’s not so simple and there are flaws in the law.
He said there wasn’t enough evidence to ask a judge to declare Hole a danger. And there wasn’t enough time to subpoena medical records during a two-week window.
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