LOUISVILLE, Ky. (WHAS11) – Nearly two years to the day after Andre Banks shot and injured 15-year-old Javaughntay Burroughs at Fern Creek High School, police said he was gunned down near an Okolona ditch.

Police responded to the shooting around 6 Sunday night, in 5300 block of Russett Boulevard.

According to police, Banks was taken to University Hospital and was still recovering Monday afternoon.

In court on Monday Banks was summoned to appear before a judge.

The Commonwealth's Attorney's office said he is believed to have violated probation by not showing up to a scheduled meeting with his probation officer.

If true, officials said his 5-year probation could be revoked and a different sentence implemented. This situation is something the judge warned Banks of at his May sentencing.

Jefferson County Judge Judith McDonald-Burkman said, "Were not in juvenile court anymore, you will not be coddled, you will not be patted on the back."

Eighteen years in prison is the sentence Banks was eligible for and a probation violation could make that possibility a reality.

But first, Banks has to get to court.

"I believe he's in critical condition but he is expected to survive”, the prosecutor told the judge in court Monday.

Banks is expected to be ok. His next court date is set for the end of October.

As for the suspect in his shooting- police said they are still investigating.