No sentencing today, victim’s parents ask for ‘maximum possible sentence’

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Today’s hearing for alleged Noblesville West Middle School shooter David J. Moore has ended.

With new details of the May 25 shooting emerging, new even to the victims and victims’ families in court today, the prosecution is asking for Moore to be warded to the Dept. of Corrections for shooting teacher Jason Seaman and student Ella Whistler.

The hearing began at 9 a.m. today in Hamilton County Circuit court in Noblesville with opening statements that gave insight into some of the information they would be presenting to the court later that afternoon.

Citing two disciplinary actions during Moore’s holding at the Hamilton County Juvenile Detention Center in Noblesville, the prosecution made their case, alleging Moore has a “continued obsession with violence.”

The first incident involved Moore drawing fictional images of war, which Kija Ireland, the juvenile corrections division commander, said was against the rules and that drawing, talking about or communicating information related to guns or weapons is prohibited among the incarcerated juveniles.

The next incident involved Legos, which were given to Moore by corrections staff. A recorded phone call between Moore and his parents on Aug. 28 has Moore speaking about receiving the Legos, in which his mother, Sarah Moore, said, “Don’t build any weaponry, OK? That would look bad.”

Two months later, on Oct. 26, a video of inside Moore’s holding cell shows he had built an extensive faux rifle using the Legos, pretending to shoot it. In the video, a guard comes by the cell, asks what Moore is building. Moore responds while hiding the object, “Nothing, I don’t know what that is.” The object falls to the floor and breaks, and once the guard leaves, Moore begins putting the item back together.

Ireland said around the same time, between Oct. 26 and 28, during a routine check of Moore’s cell, a list of items Moore wanted when transferred to a different facility included “violent video games.”

Neal Rosenberg, an 11-year veteran of the Noblesville Police Dept., who is assigned to the department’s evidence room, was questioned by the prosecution regarding items belonging to Moore which were seized and included an iPad, iPod touch and LG cell phone. As part of Rosenberg’s job, he said he is responsible for investigating information found on such devices, completing forensic exams and writing summaries of his findings.

Among the three devices, Rosenberg testified to finding searches of the following: Sig Sauer (a gun manufacturer), Heckler & Koch (a gun manufacturer), KNO3 (potassium nitrate, found in gunpowder), Sandy Hook, Columbine, Noblesville West Middle School blueprint, school shooter memes and more.

The prosecution also presented a video that Moore recorded from his iPod where he shows multiple weapons and, at one point, holds the gun to his right cheek. In the video, he tells the camera that the gun is not loaded, saying “I gotta take others lives before I can take mine. You’ll see their deaths all over the news.”

Jason Seaman was called to testify at 2:18 p.m. When asked by the prosecution team what he wanted for Moore, Seaman said, “I think it’s appropriate that David be detained and removed from society until it’s 100 percent sure that he is no longer a danger to himself or society.”

Cory and Julia Whistler, parents of student victim Ella Whistler were the last to testify before the conclusion of the hearing.

Both parents said they were there on their daughter’s behalf and that she did not want to attending the hearing.

“She does not want to see David ever again or be in the same room with him,” Julia said.

When asked what they each wanted for Moore’s future, they both asked for the maximum possible sentence.

“Our lives were changed that day because of a choice,” Cory said. “We didn’t have control over it and neither did the schools or community…I would like to see the maximum possible sentence. The defense and (Moore’s parents) have said they are committed to (rehabilitation for Moore. I wish that level of commitment that is there now would have been there before the shooting.”

“I believe he should get the maximum possible sentence,” Julia said. “I would like to see him under the Dept. of Corrections and be in there as long as he possibly can.”

After hearing testimony, the prosecution team made a final statement regarding their wishes for Moore’s sentencing, saying the state would like for no-contact orders for both Seaman and Whistler be issued, warding Moore to the Dept. of Corrections and putting him on formal probation until April 11, 2026, when he turns 21.

Judge Paul Felix did not sentence Moore, saying he would take today’s testimonies and presented evidence under advisement and review.

The next hearing is scheduled for 9 a.m. Nov. 14.

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