HENDERSON, Ky (WEHT) – Austin Ousley, the 18-year-old who police say shot and killed a man on Cypress Dale Road in February, will be charged with murder.

According to court documents, charges of murder, attempted murder and residential breaking and entering were filed against Ousley on Wednesday in the Vanderburgh Superior Court. Earlier this month, Sheriff Noah Robinson told Eyewitness News that Ousley had permanent brain damage from a self-inflicted gunshot and he was in critical condition. Robinson also said charges would depend on if Ousley survived his injuries. VCSO sent a release on Wednesday, describing Ousley’s condition as “stable”.

VCSO says the warrant will remain unserved until such time as Ousley becomes ambulatory.

“For right now, we want to announce that the warrant was issued and it is not going to be served until a time we feel is appropriate,” Vanderburgh County Sheriff Noah Robinson says.

The Vanderburgh County Sheriff’s Office says Ousley and a juvenile entered what they believed to be an abandoned house in the 5100 block of Cypress Dale Road on February 27 to take pictures. Officials say 42-year-old Chad Wildt and his brother 36-year-old Shawn Wildt arrived at the house after seeing a motion alert on their trail camera. Police say Ousley shot both brothers. Shawn Wildt was pronounced dead at the scene. Chad Wildt was shot in the face and taken to the hospital. Sheriff Robinson says he has had multiple surgeries over the span of 11 days in the Intensive Care Unit. Ousley was later found behind Rural King with a self-inflicted gunshot wound.

Deputies say the juvenile was taken into custody for residential entry and transported to the Youth Care Center pending a hearing juvenile court.