Why have there been no charges in the Hedingham mass shooting after nearly a year?

Update: On Oct. 4, 2023, Wake County District Attorney Lorrin Freeman announced that Austin Thompson would be charged. Read this story for details and what happens next.

It’s been nearly one year since a mass shooting in the Hedingham neighborhood left five people dead and three others, including the alleged shooter, injured.

As the city of Raleigh continues to grapple with the aftermath of the tragedy, questions remain about the status of the suspected shooter, Austin Thompson.

Thompson was a 15-year-old high school student last Oct. 13 when he allegedly killed five people, including his 16-year-old brother and a police officer, in and near his Raleigh golf course community.

After the shootings, Thompson fled on foot to a barn-like structure off of McConnell Oliver Drive — about a mile northeast of the neighborhood.

He then exchanged gunfire with law enforcement, injuring a police officer.

When Thompson was taken into custody just after 9:30 p.m., he was suffering from a single gunshot wound. He was taken to WakeMed, where he remained in critical condition for several days.

More than eleven months later, officials still have not commented on Thompson’s condition or where he is being held.

But Wake County District Attorney Lorrin Freeman said that confidentiality is to be expected since Thompson is a juvenile.

Freeman is in the process of elevating Thompson’s charges to superior court, but Thompson’s current status prevents nearly all information on him from being released by her office.

“While this case remains in juvenile court, the law prohibits us from discussing it,” Freeman told The News & Observer in February.

Freeman said she understands the public’s frustration with the lack of information but said these laws exist to uphold the justice system.

“These rules are in place to preserve the general presumption of innocence. It is not some desire to hide information. These rules are in place to protect the integrity of the court,” Freeman said in February.

What is slowing down the process in Thompson’s case?

While Freeman would not provide specific information about Thompson’s case, she has outlined the juvenile justice process, which can dramatically differ from superior court.

Once a juvenile is placed in custody, Freeman said, their case follows one of two paths: regular reevaluation or a transfer to superior court.

Freeman has confirmed to The News & Observer numerous times that she plans to have Thompson tried as an adult.

In the aftermath of the shooting, Freeman filed a petition for a probable cause hearing, a court proceeding that would put Thompson on track to being tried as an adult.

At this hearing, the state has to provide its reasoning for why the case should be elevated to superior court.

Under normal circumstances, a probable cause hearing usually occurs within 15 days of the juvenile being taken into custody, Freeman said.

However, she explained, there are two primary hurdles that can slow this process.

First, prosecutors must present substantial evidence that the charges should be elevated. This means a large amount of evidence must be collected, and in a case involving multiple deaths, that can take time. Forensic evaluations, adequate autopsy reports and going through hundreds of hours of body camera footage and audio recordings can all lead the legal process to drag on.

Second, the accused has to be physically and mentally able to appear in court.

“The juvenile has to be competent to go through certain hearings,” Freeman said in February.

Freeman would not comment on Thompson’s condition. But because Thompson sustained a gunshot wound during the standoff with police and remained in critical condition for some time after the shooting, it is possible that issues of competency could be slowing the elevation of charges.

Freeman also would not comment on where Thompson, now 16, is being held.

Will the Hedingham case go to trial?

Even if Thompson is eventually tried as an adult, he will not be housed in an adult correctional facility until he is 18. Under North Carolina law, juveniles are not placed with adults when incarcerated.

“We understand this is a case of great community interest,” Freeman said. “It is still our intent to push forward with this case.”

In the spring, Freeman told the News & Observer to tentatively expect the case to be elevated to superior court by the one-year anniversary of the shooting.

However, Freeman told The N&O recently that she does not anticipate that her office will have any updates on the case by the Oct. 13 anniversary. Instead, she said the case would be elevated in the “near future.” She did not specify when that near future is.

Could Thompson’s parents be charged?

Because Thompson is a juvenile, he could not have legally purchased the weapons used in the mass shooting on his own, leaving many wondering how he obtained the shotgun and pistol used in the shooting.

Freeman would not comment on the origin of the weapons or whether Thompson had obtained them through his parents.

If the investigation reveals the weapons were not properly stored, Thompson’s parents could face charges.

According to North Carolina statute 14-315.1., people who possess firearms and live with minors have a responsibility to store firearms in a way that unsupervised minors cannot access them. The penalty for not doing this is a Class 1 misdemeanor — but only under certain circumstances: if that firearm is obtained without permission and the minor exhibits the weapon in a public place or in a threatening manner, carries it onto an “educational property,” causes injury or death (not in self-defense) or uses it in the commission of a crime.

Freeman said Thompson’s parents have retained legal counsel through the Tharrington Smith law firm and have been cooperating with law enforcement throughout this investigation.

At this time, no charges have been filed against Thompson’s parents. As the investigation progresses, Freeman and her office could decide to bring charges, although the full extent of what those charges could be is unclear.

Freeman stated on Monday that she would not comment on charges against Thompson’s parents.

This story was originally published September 26, 2023 at 5:00 AM.