NOBLESVILLE, Ind. — A judge is considering if the teenager behind the Noblesville West Middle School shooting will be released.
On April 19, prosecutors asked the judge to keep the shooter locked up while they investigated an alleged incident that occurred inside the juvenile prison. 13News learned that incident involved him making a fist bump motion to a female case worker, but instead the shooter allegedly touched her breast with his hands.
The worker testified she felt violated and embarrassed, but that he was not trying to injure her. She felt the incident was intentional. The shooter allegedly joked about it while still in the worker's office and made comments about it with other juveniles later. The case worker reported the incident leading to the investigation. The shooter was removed from that living unit.
NOTE: The above video is from a previous report on the alleged criminal accusations being investigated by prosecutors.
The judge ruled the shooter's actions with the female employee showed the judge they needed to reconsider releasing the shooter to home detention. A psychological exam was ordered and the judge will schedule a review in the coming months.
The shooter has been locked up since the incident five years ago.
On May 25, 2018, the then-middle school student opened fire, shooting classmate Ella Whistler and teacher Jason Seaman. Seaman then took down the gunman.
The shooter, who was 13 at the time, was ordered to a juvenile prison until his 18th birthday.
Following a hearing earlier in April, Noblesville Schools issued a statement and provided the following information if the shooter is released:
- He would not be returning to Noblesville Schools or any other Hamilton County schools.
- He would not be allowed on any Noblesville Schools property. A no trespass order from the Noblesville Police Department has been issued.
- He would not be allowed at any Noblesville Schools events, including those held off the property, such as prom and graduation.
- Noblesville Schools and NPD would maintain a heightened awareness.
"We recognize this may be a painful subject for many in our community who are still experiencing hurt, fear and anger regarding the 2018 school shooting. We are sharing this information because we want to make sure all of our families and staff feel supported and informed," the school district said in the statement.
13News spoke with Seamen four years after the shooting took place.
Seaman hadn't spoken publicly about the violence in his classroom in several years, but he reflected on his experience after the school shooting in Uvalde, Texas.
When Seaman, a seventh-grade science teacher, heard about the tragedy in Texas, he said he felt profound sadness but wasn't surprised.
"Not really surprising. Unfortunately, it's a, 'Here we go again.' In my mind, it's the same story, just different characters and...not a lot is changing," Seaman said.
Seaman spent the anniversary of the Noblesville shooting in the same classroom where it happened, still doing what he loves.
"Same room, same everything," Seaman said. "Last night, my wife asked me if I was going to school today, and I said, 'Yeah.' And she's like, 'Are you sure?' And I was like, 'Why?' And she said, 'Well tomorrow's the 25th.' And I said, 'Oh yeah, it is!' The 25th to me is a day, and I'm not going to let it be something that brings negative emotion."
Seaman shrugs off the title of "hero," though the entire community clearly disagrees. He said four years later, his school and the Noblesville district is safer than ever, and he thinks about the tragedy less and less.
"I think we are very safe, and I'm thankful for our district for how they've responded," he said, referring to a referendum that led to more door locks, re-secured windows and mental health help.