Brother of the Mormon high school shooter who gunned down a classmate before killing himself asks police for the rifle back

  • Jared Padgett, 15, used rifle in Reynolds High School shooting last year
  • Stole it from older brother Lucas, 25, before killing Emilio Hoffman, 14
  • Also wounded teacher Todd Rispler before turning weapon on himself
  • Lucas has now filed court papers asking for the rifle to be returned
  • Says he has not committed any crime, and so is entitled to have the gun

By Chris Pleasance For Dailymail.com

Published: 08:55 EST, 11 September 2015 | Updated: 09:28 EST, 11 September 2015

The brother of the Reynolds High School shooter who fatally shot a classmate before killing himself with the same weapon has applied to get the gun back.

Lucas Padgett, 25, the older brother of Jared Padgett, 15, who shot himself and Emilio Hoffman, 14, in June last year, says the weapon Jared used is his and he would like it back from police.

Lucas has filed court papers requesting his Daniel Defense Armament DDM4 Carbine Rifle, alongside hundreds of rounds of ammunition, a bullet-proof vest, and a US Army laundry bag.

Lucas Padgett, 25, the older brother of Reynolds High School shooter Jared Padgett, 15, who stole his rifle before using it to kill a fellow classmate and then himself, has asked police to give the gun back

Lucas (right, with brother Jared left) has filed court papers asking for Troutdale Police, who are holding the weapon, to give it back as he has 'never been charged with any offense connected' with it

Lucas (right, with brother Jared left) has filed court papers asking for Troutdale Police, who are holding the weapon, to give it back as he has 'never been charged with any offense connected' with it

Alongside the rifle, a Daniel Defense Armament DDM4 Carbine, Lucas (pictured) is also asking for hundreds of rounds of ammunition, a bullet-proof vest and his US Army laundry bag back

Alongside the rifle, a Daniel Defense Armament DDM4 Carbine, Lucas (pictured) is also asking for hundreds of rounds of ammunition, a bullet-proof vest and his US Army laundry bag back

In the papers he says the items are 'no longer needed for evidentiary purposes' by police, and that he has 'never been charged with any offense connected' with the weapon.

According to The Oregonian, the documents add: 'I am entitled to their return and there is no legal impediment to my possession of said property.'

On June 10 last year, Jared walked into Reynolds High School, a Mormon school in his home state of Oregon, and opened fire in the gym.

He fatally shot Hoffman before wounding gym teacher Todd Rispler who managed to raise the alarm and put the school into lockdown, potentially saving hundreds of lives.

After the alarm was raised, Jared took himself to a bathroom stall, where he used the same rifle to commit suicide.

Police said Jared was armed with two guns, multiple clips of ammunition, and a large hunting knife which he brought to school inside a guitar case. 

On June 10 last year, Jared stole Lucas's carbine along with his father's .25 caliber pistol before taking them into school and using the rifle to shoot and kill Emilio Hoffman, 14 (left and right) 

Jared then shot and wounded gym teacher Todd Rispler who managed to escape and raise the alarm, before going to a bathroom where he used the rifle to kill himself (pictured, a mourner lays flowers at the school)

Jared then shot and wounded gym teacher Todd Rispler who managed to escape and raise the alarm, before going to a bathroom where he used the rifle to kill himself (pictured, a mourner lays flowers at the school)

After the shooting, police found a diary Jared kept in which he had written about going into school and shooting classmates for being 'sinners', smoking cigarettes and taking the Lord's name in vain

Following the shooting, police searched the home of Jared's father, Michael, where the schoolboy lived lived while sharing a room with his older brother.

Inside they found a dairy with entries discussing shooting people at the school for being 'sinners', smoking cigarettes and taking the Lord's name in vain.

Police also determined that one of the weapons Jared used, initially reported to be an AR-15, was taken from the room he shared with his brother, and the other, a .25 calibre handgun, had been taken from his father's bedroom.

At the time of the shooting, friends of the family told how they have a long military history and keep a number of guns in the house.

Prosecutors had considered bringing charges against Lucas after finding that he failed to prevent his younger brother getting access to his rifle, but dropped the charges after conceding the gun had been kept in a locked container.

At the time of the shooting prosecutors considered bringing charges against Lucas for failing to stop his brother getting access to his rifle (file image), but they were eventually dropped

At the time of the shooting prosecutors considered bringing charges against Lucas for failing to stop his brother getting access to his rifle (file image), but they were eventually dropped

No charges were ever brought against Michael, who also kept his handgun locked in a cabinet. 

Lucas filed his papers on August 13, court records show, and a judge has now set a hearing date for next week in order to consider the motion.

A spokesman for the Troutdale Police Department, who are currently in possession of the weapon, did not immediately offer a comment. 

 

 

 

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