Modesitt

Terry Modesitt

A Terre Haute teen faces firearm charges in connection with the July 23 shooting death of 15-year-old Chloe Carroll.

Cody Scherb, 17, has been charged with theft of a firearm, a Level 6 felony, and dangerous possession of a firearm, a Level 5 felony.

His initial hearing is set for 1:30 p.m. Monday in Vigo Superior Court 6.

Prosecutor Terry Modesitt said Scherb's case was directly filed in adult court Thursday.

“This case is far from over,” Modesitt said, adding that additional search warrants were obtained Thursday. “The search warrants involved other potential persons of interest.”

So far, only two juveniles have been charged — Scherb and a 15-year-old thought to be the person who shot Carroll.

More than one handgun has been confiscated, the prosecutor said.

“There has to be some lab testing done to determine which if any of the firearms may have been part of the shooting,” the prosecutor said.

Scherb's role in the shooting remains under investigation, Modesitt said. His criminal charges stem from Scherb's questioning by police in connection with the shooting.

When police talked to Scherb on July 23, the juvenile had a backpack in his possession, and Scherb's mother gave consent to search the backpack, Modesitt said. Police found a handgun that Scherb claimed he owned. The juvenile said he had been carrying the gun for a few weeks.

Police contacted the registered owner of that handgun who said the firearm had been stolen from his vehicle when it was parked at his residence. The owner's statement was confirmed by a city police report on the firearm's theft.

Since Scherb has been previously adjudicated a delinquent child, the charge of dangerous possession of a firearm was filed as a Level 5 felony, Modesitt said.

The firearm possession charge was filed through the statute that states “the offense is a Level 5 felony if the child has a prior conviction under this section or has been adjudicated a delinquent for an act that would be an offense under this section if committed by an adult.”

Scherb is not thought to be the gunman who fired the shot that killed Carroll, who was a backseat passenger in a vehicle located at the Hoosier Pete Mini Mart at 13th and Poplar streets when the gunfire occurred.

The 15-year-old male who reportedly shot Carroll faces charges of murder, attempted murder, aggravated battery, criminal recklessness and possession of a firearm without a license. That teen was arrested in the mid-afternoon hours of July 23 and was booked into Vigo County Juvenile Center, police said.

Modesitt said he is seeking a waiver to adult court for that 15-year-old defendant, but that process could take weeks as the case moves through the process.

Modesitt said a juvenile court hearing is set for the second week of August on the waiver request.

Modesitt said he could not release any information on the shooting incident itself, in part because the case involves juveniles.

“Until and if any of them get waived as an adult, you can't openly discuss details concerning a juvenile charge,” he said. “At some point, the court at the juvenile center will release some details, but that hasn't happened yet. So, I can't comment on any details at this point.”

About 12:36 a.m. July 23, officers responded to shots fired in the area of 13th and Poplar, police said. While investigating, officers were made aware of a shooting victim in the 1900 block of Poplar Street.

THFD and THPD responded and found Carroll in the rear passenger seat of a vehicle parked there. Responders quickly determined she had been shot at the Hoosier Pete Mini Mart.

Carroll was taken to Union Hospital, where she was later pronounced dead.

The investigation revealed more than 20 witnesses, police said.

Modesitt said investigators are trying to recreate the events that led up to the shooting.

“That's what you do in any case. You try to recreate the whole thing to find out as much detail, so you can put the pieces together as far as why this happened, when this happened, how it happened, who was all involved and who may be able to give us valuable evidence concerning what happened,” Modesitt said.

Scherb is held in lieu of $25,000 bond, 10% does not apply.

Lisa Trigg can be reached at 812-231-4254 or at lisa.trigg@tribstar.com. Follow her on Twitter at TribStarLisa.

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Lisa Trigg has been a reporter at the Tribune-Star since 2009. With more than 30 years of newspaper experience, she now covers general news with a focus on crime and courts.