INDIANAPOLIS (AP/WTTV) — A prosecutor said Tuesday that a 13-year-old student accused of shooting two people at a middle school in Noblesville last month will not be tried as an adult.
Hamilton County Prosecutor Lee Buckingham says the teen will not be tried as an adult because of his age.
According to Indiana law, someone as young as 12 can be waived to adult court for murder. For someone to be tried as an adult for attempted murder, they must be at least 14.
In the case of the shooting at Noblesville West Middle School, the suspect is only 13.
According to our CBS affiliate in Indianapolis, a petition was filed Tuesday that alleges the 13-year-old suspect in the Noblesville school shooting is a "delinquent child."
Both the student and teacher he is accused of shooting survived.
The suspect's name is not being released because he is not being tried as an adult.
He is scheduled to appear in court on Monday. A trial date is expected to be set at that time.
The family of 13-year-old Ella Whistler released a statement Monday saying she also suffered collapsed lungs and several broken bones, including in her jaw and back, during the May 25 attack at Noblesville West Middle School.