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Special Prosecutor to determine if charges will be filed in deadly Castleton Mall shooting

Castleton Square Mall Shooting 1323.JPG
Posted at 4:31 PM, Jan 06, 2023
and last updated 2023-01-06 16:31:36-05

INDIANAPOLIS — The Marion County Prosecutor has recused himself from the case involving the deadly shooting of a teenager outside Castleton Square Mall.

That means a special prosecutor will now determine whether charges will be filed against the person accused of shooting the teen and an adult in the parking lot of the mall on January 3.

Marion County Prosecutor Ryan Mears filed the paperwork with the Marion Supreme Court on Thursday requesting the appointment.

"The investigation and the charging decision of the individual under investigation creates a conflict of interest," the documents filed by Mears state. "In order to avoid an appearance of impropriety, it is thus necessary to appoint a Special Prosecutor to assist in the investigation, to make a charging decision and to prosecute such charges if filed, as contemplated by the special prosecutor statute."

The motion did not specify the nature of the 'conflict of interest' but did request that a special prosecutor be appointed from outside of Marion County.

Indianapolis Metropolitan Police Department officers responded to the mall parking lot just before 8 p.m. where they found two victims suffering from gunshot wounds.

Castleton Mall Incident
An IMPD investigation is underway outside the Castleton Square Mall.

Michael Mason Jr., 16, and the other victim were both taken to the hospital. Mason later died from his injuries.

The father of the other man injured in the shooting tells WRTV that his son was shot four times in the leg. He claims his son and two other people were leaving the mall when they walked up to a car that looked like their own. When they began pulling on the door, he alleges shots were fired from inside the car.

"When the young man started to pull at the back door, my son said he noticed that that wasn't his car," Eddie Smith Sr. said. "So he said, 'Hey, this, that's not my car.'.. Immediately somebody started shooting at them from inside of the car."

Police say a third person - who they initially called a person of interest - is cooperating with their investigation. That person was taken in for questioning and later released. No charges have been filed at this time.