Should judge allow accused Hedingham shooter’s statements made in hospital?
AI-generated summary reviewed by our newsroom.
- Austin Thompson’s defense seeks to exclude statements he made in the hospital.
- His attorneys argue his severe brain injury left him confused and irrational.
- Police allegedly recorded “violent” statements Thompson made while hospitalized.
Defense attorneys for the teen accused of committing a mass shooting in a northeast Raleigh neighborhood are asking the court to exclude statements he made in the hospital from his upcoming murder trial, according to a motion filed Wednesday.
Austin Thompson, 18, was 15 years old when he allegedly killed five people, including his brother, and seriously injured two in the Hedingham subdivision Oct. 15, 2022. His criminal trial on five counts of murder and other charges is set to begin Feb. 2, The News & Observer previously reported.
Thompson was seriously injured during a shootout with law enforcement that day, with the new motion revealing he sustained a bullet to the frontal lobe.
“He was missing a part of his skull and brain matter was visible,” the motion states. “He was taken to the hospital with a severe brain injury and it was initially unclear if he was going to survive.”
Thompson was under 24-hour police surveillance at the hospital, and during that time, officers recorded “statements and gestures of Austin that they described as violent,” according to the motion. His defense attorneys, Deonte’ Thomas and Kellie Mannette, are arguing those shouldn’t be introduced as evidence in the February trial because of Thompson’s severe brain injury at the time.
The teenager was so confused that at one point, he believed he was on a mission trip to South America, while at another point, he reportedly asked officers in the room if he needed to take a field sobriety test, the motion states.
“He was not able to report why he was in the hospital and often didn’t even realize he was in the hospital,” the motion reads. “In the context of the police investigation revealing that Austin did not have prior incidents of violence or threats and was generally known to those around him as a quiet, respectful, and well-behaved child, it is clear that the notations of these statements and gestures was reflective of his severe brain injury.”
The motion also claims Thompson was not read his Miranda rights and that his parents were not always present for the statements he made, which Thompson’s attorneys argue violates a section of North Carolina law requiring juveniles under age 16 have a parent present for any custodial interviews.
“Austin was clearly in custody while in the hospital,” the motion states. “He was restrained at all times where he was not actively engaged in a medical procedure or therapy. Officers guarding him repeatedly referred to him as a ‘prisoner’ and ‘arrestee.’ Police were directly involved in restricting and approving family and attorney access to Austin during the time he was in the hospital.”
A hearing on the motion had not been set as of Wednesday afternoon.
This story was originally published December 17, 2025 at 3:16 PM.