LOUISVILLE, Ky. (WHAS11) – Andre Banks, the convicted Fern Creek High School shooter, was expected in court for the second time this month but for the second time this month, he didn't show.

"The court was informed he was still in the hospital. Is anyone here going to give me any other information than that,” Jefferson County Judge Judith McDonald-Burkman asked.

Police said Banks was shot and injured earlier this month in Okolona. He was hospitalized with non-life threatening injuries and because of the incident he missed his first court date.

But three weeks later it’s unclear why he isn't in court. In the courtroom on Monday, the LMPD detective on his case admitted he doesn't know where Banks is.

"I was told Friday that he will still be in the hospital,” Burkman said.

"I cannot verify that,” the LMPD detective replied.

Banks was sentenced to 5 years of probation in May in connection with the Fern Creek High School shooting. At that time the judge warned any violation could mean a new sentence, possibly the 18-year prison sentence he was eligible for.

The prosecutor's office said he is believed to have missed a meeting with his probation officer and as a result the office has filed a motion to have his probation revoked.

"If he's not in the hospital there needs to be a warrant for his arrest,” the judge said.

But before the motion can be heard, Banks needs to get to court.

LMPD says the detective is following up on his whereabouts.

He is expected back in court on November 7th.