John Tuohy

The Indianapolis Star

INDIANAPOLIS — A probation officer who could have asked the court to lock up a 16-year-old now charged with killing a father to be has resigned, a Marion County judge said Friday.

Court documents show that Simeon Adams of Indianapolis was free to roam the streets for a month while awaiting a hearing on 13 probation violations. For nine of them, Adams was not home when the officer, Tracy McDonald, visited to check on his house arrest.

McDonald could have asked for an arrest warrant after the third violation, which occurred Feb. 15. That would have kept Adams in detention until his April 7 hearing date.

In late March and early April, Adams went on a gun-toting rampage that left Nathan Trapuzzano, 24, dead; a teenager injured; and Adams with a gunshot wound to the neck, police said. They also suspect Adams and another youth of stealing dozens of weapons March 22 from a Clermont, Ind., gun shop during the spree.

McDonald didn't report any probation violations until March 5 after the ninth house-arrest violation, records show. Even then McDonald recommended that Adams remain on house arrest until his April 7 hearing.

Marion County Presiding Judge David Certo confirmed that McDonald resigned Thursday, the same day Adams appeared for his initial hearing in Superior Court. Certo said he could not comment on why McDonald resigned or whether it was related to his handling of Adams' case.

Juvenile Court Judge Marilyn Moores said she couldn't comment directly on McDonald's resignation. But she said she complained this week after learning Adams could have been locked up during the month he is accused of wreaking mayhem.

"I expressed my extreme concern to probation about the handling of this case," Moores said. "When I saw there had been nine (house-arrest) violations, I was very concerned and upset."

Moores said probation officers generally alert the court after three violations. When a hearing is scheduled, violators can be housed in the Marion County Juvenile Detention Center until then.

"That wasn't done here. I don't know why," Moores said, adding that she had never seen an officer wait for nine violations before reporting the problem to the court.

McDonald, who started in the probation department in 1994, could not be reached immediately for comment. The chiefs of the Marion County juvenile and adult probation departments did not return repeated calls seeking comment. Marion County Prosecutor Terry Curry declined to comment.

Adams had been placed on probation after stealing a car and fleeing police Dec. 13. During the chase, police said he threw aside a gun. They also said he was carrying marijuana.

Juvenile prosecutors eventually dropped the drug and gun charges but charged Adams with auto theft and resisting arrest. He was placed on home detention.

Between Feb. 11 and March 4, Adams had nine home-detention violations. He also was suspended from school and failed to participate in two court-ordered programs, which are additional probation violations.

Prosecutors have charged Adams with murdering Trapuzzano on April 1 while he was out on a regular morning walk and shooting Erick Douglas on March 30. Adams was found April 2 with a gunshot wound to his neck.