Listen Live

NOBLESVILLE, Ind--The 13-year-old student who is accused of shooting his classmate Ella Whistler, and their teacher Jason Seaman, will not be tried as an adult, but rather as a “delinquent child”, said the Hamilton County prosecutor.

The prosecutor said in a statement that the child could only be charged as an adult, had the murder attempt been successful, “a result which will, I am sure, be very troubling and unsatisfying for many people.”

A petition filed Tuesday with the court, said the teenager, who shot the two on May 25 at Noblesville West Middle School, said the charges would be felonies and misdemeanors, if they had been committed by an adult.

PHOTO: RTV6 Jason Seaman

The charges included two charges of attempted murder, two charges of aggravated battery, two charges of battery by means of a deadly weapon, two charges of possession of a firearm on school property, two charges of dangerous possession of a firearm and possession of a knife on school property.      

“As a Prosecuting Attorney, 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,” said a statement from the prosecutor’s office.

“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.”

The boy’s age also means most court records in the case are confidential, but the charges do reveal the two handguns were a .22 and a .45. All the wounds to Seaman and Whistler came from the .22.

An adult facing the same charges could receive anywhere from 20 to 85-and-a-half years in prison if convicted. Convicted juvenile offenders can only be held behind bars until they turn 21.

He’ll be in court next on June 11.

PHOTO: RTV6