Student: Noblesville shooting suspect often joking in school

Show Caption Hide Caption Friend of Ella Whistler talks about seeing accused school shooter NWMS student Kylie Cook, a friend of Ella Whistler, talks about coming to court and seeing the accused shooter who she knows.

Update 10 a.m.

One student from Noblesville West Middle School attended the hearing. Seventh-grader Kylie Cook, 12, said she was looking for closure. Cook said she was worried the defendant was going to claim he didn't mean to shoot anyone, and she wanted to hear what happened at the hearing for herself.

"I didn’t want him to be like, 'Oh, well, I didn’t mean to do it.' Because you have a gun and you go to school with it, you meant to do it.”

The defendant, though, only answered questions with "Yes, your honor" or "No, your honor." Cook said the suspect's respectful demeanor in court was a stark contrast from the kid she knows.

"He’s never that formal," she said. "He’s more of a joking-around kid, never actually means what he's saying, runs around and acts crazy with his friends. Seeing him that formal, 'Yes, sir. No, sir. Yes, your honor,' it was just weird."

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Cook said victim Ella Whistler, a student at the school who was severely wounded, is one of her best friends, and she feared for her life after the shooting. Cook said she knows the defendant through mutual friends. She said she wishes he faced more stringent charges than juvenile delinquency.

"He made an adult decision," she said. "You don’t think it’s right to bring a gun to school, you don’t think it’s OK to shoot someone and act like you are going to kill them. I personally think he should be charged with something more. My fear is when he gets out he will go and do something like this again."

Update 9:05 a.m.

The 13-year-old suspect and his parents sat at a table before Magistrate judge Todd Ruetz for a 17-minute hearing in Hamilton Superior Court.

The boy was brought into the court by three tactical officers in green uniforms with black vests over the uniforms, different than the usual brown that sheriff's deputies wear. The suspect wore an orange- and white-striped jumpsuit.

He sat at a table with his parents as the magistrate read 11 charges, although in juvenile court he will ultimately be judged "delinquent" or not. Then he was read his rights and the judge went over possible penalties, including juvenile detention, probation and being placed as a ward in a home or center.

The boy remained stoic while the charges were being read. He and his parents answered "Yes, your honor" or "No, your honor" in response to the magistrate's questions. The parents appeared upset but did not breakdown.

When the judge asked what the boy wanted to plead, his lawyer, Ben Jaffe, answered, "At this time, on advice from counsel, (the suspect) is going to remain silent to admission or denial."

The judge responded, "OK, under the law then, the court will enter a denial at this time."

Among the people at the hearing were teacher Jason Seaman. He and a student were shot in the incident. Hamilton County Prosecutor D. Lee Buckingham and Hamilton County Sheriff Mark Bowen were also present.

The boy was taken back to juvenile detention. He and his parents left through a back door.

Update 8:57 a.m.

A magistrate judge Monday morning scheduled a trial, or "fact-finding hearing" as it's known in juvenile court, June 25 and 26 for the suspect in the Noblesville West Middle School shooting

8:30 a.m. update:

From our newsgathering partners at Fox59...

Court hearing for accused #NoblesvilleShooting suspect about to begin. Inside the courtroom this morning, is 7th grade science teacher Jason Seaman, who police say was shot 3 times by the teen. pic.twitter.com/b7O8GlFs9e — Alexa Green (@AlexaGreenNews) June 11, 2018

8:20 a.m. update:

People are entering the courtroom. Cameras are set up at the end of the courtroom hallway. The alleged shooter's parents were not seen by media.

The judge has prohibited the audience, including media, from using electronics inside the courtroom.

There’s a sheriff’s deputy in green tactical gear w a vest in addition to the usual sheriff’s deputies in their brown uniforms. That’s different. — Chris Sikich (@ChrisSikich) June 11, 2018

The 13-year-old Noblesville school shooting suspect will make his first public court appearance at an initial hearing at 8:30 a.m. Monday.

The hearing in Hamilton Circuit Court, which the county uses for juveniles, is expected to be brief. The boy, who is accused of shooting a teacher and classmate May 25 at Noblesville West Middle School, will be read the charges, asked whether he understands them and then have a trial date scheduled.

IndyStar is not naming the suspect because he is not being charged as an adult.

The hearing is open to the public and media, but the court issued an eight-page "Decorum Order" last week because of public and media interest in the case.

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The order included the unusual requirement that all media interviews be conducted outside the building. No cameras or audio recording devices are allowed in the courtroom. Phones must be switched off.

The order also said, "The wearing of pins, buttons, signs, clothing and similar materials … that express support for or against the alleged delinquent child in this case is prohibited."

There are seats for the first 56 members of the public and media who show up, the order said.

Indiana law prohibits the boy from being tried in adult court because of his age. Only a 13-year-old charged with murder can be tried as an adult.

Hamilton County Prosecutor D. Lee Buckingham said that if the boy were an adult, he would have faced 11 counts, including two felony charges each of attempted murder, aggravated battery and battery by means of a deadly weapon.

A suspect must be at least 14 years old to be eligible to be waived to adult court on charges of attempted murder.

In a juvenile case, the defendant is either "delinquent" or not.

"Juvenile court has vast jurisdiction and options when it comes to children," said Indianapolis juvenile defense attorney Sean Hessler. "The stated purpose is to treat children as juveniles in need of care, treatment and rehabilitation. It’s not a punitive system. It’s a rehabilitation system."

It's possible there will never be a trial or "fact-finding hearing" as it's called in juvenile court. There could be a plea bargain. And that's different for juveniles as well.

"With adults, you're bargaining for a certain charge because of the sentencing range," said Jill Johnson, juvenile division chief at the Marion County Public Defender's office. "With kids, it's, 'What's the treatment going to look like, and where?' "

The Department of Corrections is the most restrictive possibility, and although it has an array of rehabilitation programs, it might not have the specialized mental health care of a residential facility.

Speaking generally, Johnson said the Pendleton Juvenile Correctional Facility is for the most serious cases.

The DOC's website describes Pendleton as "maximum security" with jail cells.

"Maximum security students have been convicted of violent or weapons-based offenses," it says. "These students require close supervision and tight security to minimize risk to the public, staff, and other students."

The other DOC option for boys is Logansport Juvenile Correctional Facility, where the security is described as "high medium."

The alleged shooter could decide he simply doesn't want to go through a trial for its own sake.

"Whether or not that flows from some kind of altruism from the accused not trying to put the community through it, or wanting to spare the family, that happens all the time," Hessler said.

What prompted the shooting, exactly what occurred in the classroom, and where the boy obtained the handguns is still unclear. Authorities have released few details.

Court documents released last week indicate that the suspect used a .22-caliber handgun in the shooting and also was in possession of a .45-caliber handgun and a knife.

Raw video: Jason Seaman arrives at accused school shooter's hearing NWMS teacher and shooting victim, arrives at court for accused shooter's initial hearing.

Jason Seaman, a seventh-grade science teacher, was shot three times and is credited with helping to stop the attack. He was released from the hospital the following day.

The student, 13-year-old Ella Whistler, was shot seven times and suffered broken bones to her neck, ribs and jaw, collapsed lungs and a severed vertebral vein, her family said last week in a written statement. She remains hospitalized in "stable" condition.

Call Chris Sikich at (317) 444-6036. Follow him on Twitter: @ChrisSikich.

Call Mark Alesia at (317) 444-6311. Follow him on Twitter: @markalesia.