The Hamilton County Prosecutor’s Office has formally filed charges against the 13-year-old Noblesville shooting suspect.

The student faces charges from the May 25 shooting at Noblesville West Middle School, which injured two people – seventh grade teacher Jason Seaman and student Ella Whistler.

The prosecutor’s office filed a petition to charge the student with a delinquent offense, citing “acts that would be felony or misdemeanor crimes if committed by an adult.”

Those charges would be two felony counts of attempted murder, aggravated battery, battery by means of a deadly weapon, and possession of a firearm on school property.

But, according to Indiana law, since the student is younger than 14 and not charged with murder, he cannot be tried as an adult.

In a statement, the Hamilton County Prosecutor’s Office said:

“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.”

Christopher Eskew, the attorney for the student, released a statement asking for patience and privacy during the investigation and judicial process.

“We understand that the public has unanswered questions at this time,” Eskew said. “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 the tragedy.”

Changing Juvenile Sentencing Laws?

In the wake of the shooting, House Speaker Brian Bosma says legislators will review Indiana’s laws regarding juveniles being charged as adults.  In a statement, he says he thinks it’s important for legislators to take a thoughtful look at Indiana’s criminal code and whether changes to the law are appropriate.

Larry Landis is the Executive Director of the Indiana Public Defender Council. He says legislators need to seek to understand what happened before considering passing any laws that could change punishments.

“We know nothing about who this child was and why he did what he did,” says Landis.

The student’s initial hearing is set for Monday June 11, with a trial date to be set after that.