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Indiana prosecutor: We decided against red-flag hearing for FedEx shooter
Hot Air ^ | Apr 19, 2021 1:40 PM ET | ED MORRISSEY

Posted on 04/19/2021 10:52:35 AM PDT by Hojczyk

How did the mass murder perpetrator in last week’s shooting at a FedEx facility in Indianapolis have the ability to buy his firearms? Both local police and the FBI had intervened a year earlier after his family warned law enforcement about his mental health, and police had seized his shotgun at that time. Shouldn’t that have initiated a hearing under Indiana’s “red flag” law to bar Brandon Scott Hole from acquiring replacement firearms?

It might have, the county prosecutor told the media today, had they pressed the red-flag case. Instead, Ryan Mears said, they stopped at the confiscation because prosecutors didn’t want to press their luck in court:

A former FedEx employee who shot and killed eight people at a FedEx facility in Indianapolis never appeared before a judge for a hearing under Indiana’s “red flag” law, even after his mother called police last year to say her son might commit “suicide by cop,” a prosecutor said Monday.

Authorities believed they had done what they needed to by seizing the pump-action shotgun from Brandon Scott Hole in March 2020, Marion County Prosecutor Ryan Mears said.

Mears added, “I think this case illustrates the limitations” of the law. At the very least, one can conclude that this case illustrates the limitations of prosecutors. Essentially, they created the worst of all worlds in this outcome, even if their intentions were good. The decision to stop the red-flag process left them in possession of Hole’s property indefinitely, which is at some point an unconstitutional seizure without due process. On top of that, the failure to follow through on the threat allowed Hole to acquire more firearms, which made the confiscation useless anyway.

(Excerpt) Read more at hotair.com ...


TOPICS: Chit/Chat
KEYWORDS: banglist; fedex; knownwolf; suicidebycop
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1 posted on 04/19/2021 10:52:35 AM PDT by Hojczyk
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To: Hojczyk

2 posted on 04/19/2021 10:56:04 AM PDT by Red Badger ("We've always been at war with Climate Change, Winston."..............................)
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To: Hojczyk

At the very least, one can conclude that this case illustrates the limitations of prosecutors. Essentially, they created the worst of all worlds in this outcome, even if their intentions were good. The decision to stop the red-flag process left them in possession of Hole’s property indefinitely, which is at some point an unconstitutional seizure without due process. On top of that, the failure to follow through on the threat allowed Hole to acquire more firearms, which made the confiscation useless anyway.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

If you are going to have a law, use it.

Otherwise, repeal it.


3 posted on 04/19/2021 10:56:44 AM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents)(Know Islam, No Peace - No Islam, Know Peace)
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To: Hojczyk

Red flag laws don’t work.

Facilities for the mentally ill do.


4 posted on 04/19/2021 10:57:11 AM PDT by WildHighlander57 ((WildHighlander57 returning after lurking since 2000))
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To: Hojczyk

Once again, fools think government-bureaucrat regulation is going to protect them.


5 posted on 04/19/2021 10:57:36 AM PDT by PGR88
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To: Hojczyk

Police want to do the least amount of work possible. The usual line is that it is a civil matter and not something the police can handle. An exmaple is that I was told that knowingly writing a check on a closed account was in fact no fraud but a civil matter.


6 posted on 04/19/2021 10:57:49 AM PDT by LukeL
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To: Hojczyk

My sympathies for the slain innocents and their families.
In addition, can you imagine how the mother of the gunman must feel now, having done the right thing and informed the police about his potential danger, only to have someone not follow through. No way should he have gotten those weapons. Residential help for the chronically disturbed is not always easy to arrange. There is a huge waiting list, with children getting attention first.

He sounds to have been severely disturbed.
He was a part of the “Brony” Community. That means men who idolize the cartoon character My Little Pony. Yes, that cartoon character with the bright pink mane.
Until now, I didn’t think there was anything more bizarre than the Incels. I guess I was wrong.


7 posted on 04/19/2021 11:03:58 AM PDT by lee martell
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To: Hojczyk

They had taken his gun already - the question is why the original confiscation didn’t appear in the background check for when he purchased his next gun.


8 posted on 04/19/2021 11:05:35 AM PDT by Skywise
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To: Hojczyk

BTW - The Indianapolis Star is turning this into an “anti-Sikh” “hate crime” because half of the people killed were Sikh - so that was obviously intentional (ignoring the black women and 2 wypipo who were killed)


9 posted on 04/19/2021 11:06:56 AM PDT by Skywise
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To: WildHighlander57

yep, none of these kids identified as mentally ill got treatment.


10 posted on 04/19/2021 11:07:05 AM PDT by 1Old Pro
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To: Hojczyk

Did they ever publicize the type of weapon he used that night?


11 posted on 04/19/2021 11:07:49 AM PDT by shotgun
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To: Hojczyk

So was this Brony a Biden supporter or not?


12 posted on 04/19/2021 11:12:36 AM PDT by Paladin2
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To: WildHighlander57
Problem is you cannot keep the mentally ill very long...in Florida it is ten days unless the court gets involved...
13 posted on 04/19/2021 11:13:00 AM PDT by Hojczyk ( )
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To: Hojczyk

As BIDEN said back in 2013...

https://humanevents.com/2013/01/18/biden-we-cant-enforce-the-old-laws-so-we-need-more/


14 posted on 04/19/2021 11:13:45 AM PDT by Ruy Dias de Bivar ((Democrats have declared us to be THE OBSOLETE MAN in the Twilight Zone.))
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To: LukeL

Government ‘workers’ want to do the least amount of work possible. Unless it increases their power...................


15 posted on 04/19/2021 11:14:35 AM PDT by Red Badger ("We've always been at war with Climate Change, Winston."..............................)
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To: Hojczyk

They are liable and should be able to be sued by the victims families.


16 posted on 04/19/2021 11:15:04 AM PDT by DarthVader (Not by speeches & majority decisions will the great issues th the day be decided but by Blood & Iron)
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To: Skywise

he question is why the original confiscation didn’t appear in the background check for when he purchased his next gun.

My thoughts also.


17 posted on 04/19/2021 11:15:36 AM PDT by KeyLargo
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To: Hojczyk
"Mears added, “I think this case illustrates the limitations” of the law."

No, you didn't follow it through.
18 posted on 04/19/2021 11:17:57 AM PDT by jaydubya2
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To: lee martell

And yet if they tried to lock him up, the LGBQTBrony/media community would be up in arms over the detainer.


19 posted on 04/19/2021 11:18:41 AM PDT by texas booster (Join FreeRepublic's Folding@Home team (Team # 36120) Cure Alzheimer's!)
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To: LukeL

You are correct. We were told by the sheriff’s deputy that our “neighbor” trespassing on our lot and deliberately and with malice destroying our landscape beds and borders was really a “civil matter”, then told us to get a lawyer. When in fact trespass is a criminal act under our state’s law. Had it up to here with these phony pension-building cops.


20 posted on 04/19/2021 11:21:08 AM PDT by 4Runner
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