The man accused of shooting his son-in-law in January has waived extradition from Alabama, authorities there said Monday.

Mark W. Wilburn, 53, of Noblesville, is being held in the Jefferson County Jail in Birmingham, Ala. He is awaiting extradition to Boone County on a preliminary charge of battery with a deadly weapon.

Wilburn is accused of shooting Michael Maxwell on Jan. 27 and was arrested with his wife, Melina Wilburn, 49, a day later in a Fultondale, Ala., motel room, police said.

Melina is charged in Jefferson County with obstruction of justice and using a false identity and was released from jail there on Jan. 30.

A family member suggested Mark Wilburn was angry with Maxwell over comments made during an Indiana Department of Child Services meeting involving Maxwell and his estranged wife, Brittany Maxwell, according to court records.

Lebanon Police Detectives Jeff Nelson and Amy Dickerson traveled to the jail in Birmingham last week to question the Wilburns, but both declined interviews with them, Dickerson said.

Maxwell, 29, went to his estranged wife’s home in Hoosier Estates mobile home park in Lebanon on Jan. 27 to pick up their three children, and they were climbing into his truck when their grandfather shot him, Lebanon Police Lt. Ben Phelps said, adding that the bullet meant for Maxwell nearly hit his 6-year-old.

Brittany Maxwell’s parents were with her when Michael Maxwell arrived, according to a probable cause affidavit.

Wilburn told his nephew “he had a .40 and he was going to get Mr. Maxwell,” before Maxwell arrived at about 7 p.m., police reported.

The Wilburns went home to Noblesville after the shooting, and Mark left his handgun at the home of a neighbor who gave it to police, Phelps said.

The couple then headed south, and Fultondale, Ala., police arrested them without incident, Phelps said.

Shot once in the left shoulder as he sat in his truck, Maxwell sought aid at a nearby trailer, police said. The woman who answered the door called 911, according to court records.

But a friend, Timothy Reagan, carried Maxwell to Maxwell’s truck and drove him to Witham Hospital before emergency aid arrived, Fuston said.

Police found Reagan in the hospital parking lot, trying to get Maxwell out of the truck, according to court records that indicated Reagan had blood on his hands and clothing.

Maxwell, still in the truck, was extremely pale and covered in blood, according to court records.

Police found a 40-cal. bullet casing in the truck, Lebanon Police Detective Jeff Nelson reported.

Maxwell was transferred to St. Vincent Hospital in Indianapolis, underwent surgeries, and was released later last week, Dickerson said. He told police at both hospitals that Wilburn shot him, according to court records.

A warrant with a preliminary charge was required for Wilburn’s arrest, but it is not yet known what formal charges Wilburn may face here.

“We are still really early in this investigation,” Boone County Prosecutor Kent Eastwood said. “We are working with police as they gather and evaluate evidence. We will determine what, if any, charges to add when the investigation is complete.”

Maria Flora writes for The Lebanon Reporter. Email her at

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