13-year-old who allegedly opened fire at Indiana school won’t be tried as adult

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iStock/Thinkstock(NOBLESVILLE, Indiana) -- The 13-year-old who allegedly shot a classmate and teacher at Noblesville West Middle School in Indiana on May 25 will not be charged as an adult, according to the Hamilton County prosecuting attorney.

"As a Prosecuting Attorney," D. Lee Buckingham II said in a statement, "I do not make the laws applicable to criminal or juvenile cases. My office works diligently to seek justice and enforce the laws as they exist. Under current Indiana law, this case is not eligible to be heard in adult court despite the heinous or aggravated nature of the alleged acts and despite the serious harm caused."

An initial hearing on the case is scheduled for the morning of June 11, and a trial date is expected to be set at that time, according to the statement.

Referring to a list of potential charges, the statement said a 13-year-old "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."

Ella was shot seven times, her family said, after the alleged gunman arrived at school with two handguns. She was upgraded last week from critical to stable condition.

Seaman, the teacher, was shot three times while tackling the shooter and has been hailed as a hero. He's since been released from the hospital.

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