Prosecutor files petition in Noblesville school shooting
NOBLESVILLE, Ind. (WISH) — The Hamilton County prosecutor on Tuesday announced a petition in juvenile court against the 13-year-old suspect in the May 25 shooting at Noblesville West Middle School, where a teacher and a student were shot.
D. Lee Buckingham, the county prosecutor, released a statement addressing why the suspected shooter cannot be charged as an adult and releasing the name of the suspect, 13-year-old David Moore. News 8 has known the suspect’s name but did not release it until the prosecutor publicly released the name.
The prosecutor’s statement says the petition alleges the suspect “committed acts that would be felony or misdemeanor crimes if committed by an adult”:
- Attempted Murder, a Level 1 felony;
- Attempted Murder, a Level 1 felony;
- Aggravated Battery, a Level 3 felony;
- Aggravated Battery, a Level 3 felony;
- Battery by Means of a Deadly Weapon, a Level 5 felony;
- Battery by Means of a Deadly Weapon, a Level 5 felony;
- Possession of a Firearm on School Property, a Level 6 felony;
- Possession of a Firearm on School Property, a Level 6 felony;
- Dangerous Possession of a Firearm, a Class A misdemeanor;
- Dangerous Possession of a Firearm, a Class A misdemeanor; and
- Possession of a Knife on School Property, a Class B misdemeanor.
The petition alleges Moore is a delinquent child, according to Buckingham.
Moore’s initial hearing is scheduled for June 11 at 8:30 a.m.
Buckingham explained the circumstances in which juveniles can be waived to adult court and why the suspect’s age and the crimes he allegedly committed do not qualify. He also praised the efforts of police, first responders, teachers and school staff:
“Under the above-referenced current laws, a child thirteen (13) years of age can only be waived to adult court if the attempt to murder an individual or individuals is actually successful. In this case, due to the heroic and extraordinary efforts of many people, including teachers, a school nurse, the Noblesville Police Department School Resource Officer, and many other first responders and medical providers, thankfully, Jason Seaman and Ella Whistler survived. This blessing results in this matter remaining in the juvenile justice system under our current laws, a result which will, I am sure, be very troubling and unsatisfying for many people.”
On May 25, authorities said a male student asked to be excused from a classroom, left and returned with two handguns, a .22 and a .45 caliber. According to student reports, seventh-grade teacher Jason Seaman tackled the shooter and in the process was shot. He was taken to IU Health Methodist Hospital in critical condition and released the next day. On Tuesday, Seaman’s family released a letter thanking the community for its support.
A female student, Ella Whistler, was shot and taken to Riley Hospital in critical condition. The family revealed Monday that Ella was shot seven times in the face, neck, hand and upper chest area. Ella is currently listed as being in stable condition, but is expected to remain at Riley Hospital for Children indefinitely.
Eskew Law, the firm representing the suspected shooter, released a statement Tuesday:
Today, the Hamilton County Prosecutor’s Office has formally filed a petition alleging delinquency against our client for the shooting that occurred at Noblesville West Middle School on May 25th, 2018.
Our firm and our client’s family are still in shock over the events that morning. Our thoughts, prayers and condolences go out to those involved, including Ella, Mr. Seaman, all the students and staff of Noblesville school community and their families and friends. Additionally, we are thankful for the heroic first responders on the scene who provided aid and support, including Mr. Seaman and all the teachers of Noblesville West Middle School.
We understand that the public has unanswered questions at this time. We will await the outcome of the investigation and judicial process before speaking publicly about these events. We ask for patience and privacy during this process. In the meantime, we ask the public and the media to focus their well wishes and attention on Ella, Mr. Seaman and all those adversely affected by this tragedy.
