Michigan Court of Appeals upholds manslaughter charges against Crumbleys

A three-judge panel of the Michigan Court of Appeals has ruled there was enough evidence to send the involuntary manslaughter charges against the parents of the Oxford High School shooter to trial.

The unanimous ruling released Thursday means the four charges each against James and Jennifer Crumbley will proceed in Oakland County Circuit Court.

Judges Christopher Murray, Michael Riordan and Christopher Yates heard oral arguments earlier this month after the Crumbleys attorneys appealed the case to both the Court of Appeals and the Michigan Supreme Court, arguing there was not enough evidence to send the case to trial.

The question they had to answer was if the Crumbleys had enough information that the shooting was foreseeable.

In an opinion released Thursday, Murray wrote that it was not an abuse of discretion for Oakland County District Court Judge Julie Nicholson to conclude there was probable cause that a juror could decide a reasonably foreseeable outcome of the Crumbleys' alleged gross negligence was Ethan Crumbley — whom judges referred to as "EC" during oral arguments and in their decision — committing a shooting that day.

"One of the few reasonably foreseeable outcomes of failing to secure the firearm that was gifted to EC was that it would be accessible to EC and that, in his mentally deteriorated condition, he might use it in unlawful ways," Murray wrote. "We acknowledge defendants’ argument that no parent could reasonably foresee their child committing a mass shooting. But these issues are based on the facts and what is reasonably foreseeable under an objective standard, and the circumstances defendants were presented with on November 30, 2021, provided a heightened set of warnings that could lead a jury to find causation."

Despite their knowledge of Ethan’s mental state, his requests for help, the concerning drawings and writings on the math worksheet and other information, the Crumbleys did nothing the morning of the shooting, the judges noted. The parents also did not tell school officials about Ethan’s history of mental health issues or that he had access to a gun similar to one he drew a picture of on a math worksheet. They didn’t ask Ethan if he had the gun or look in the backpack, nor did they go home immediately to ensure he hadn’t taken to the gun, Murray wrote.

“The record squarely supports that ‘but for’ defendants’ acts and ommissions, EC would not have killed the victims that day,” Murray wrote. “On the basis of the evidence presented at the preliminary exam, a reasonable fact-finder could conclude that EC would not have been able to shoot and kill four students but for defendants’ decision to purchase their mentally disturbed son a handgun, their failure to properly secure the gun, and most importantly, their refusal to remove EC from school when he made overt threats to hurt other people.”

Murray wrote that the Crumbleys' actions and inactions were “inexorably intertwined” with Ethan’s actions. They were atively involved in his mental health issues remaining untreated and they provided him with the weapon that led to the shooting.

Riordan wrote a concurring opinion to explain why he joined Murray's ruling that the prosecution established a "probable cause of proximate causation" of a crime.

"Our legal system does not, nor should it, criminally punish people for subpar, odd, or eccentric parenting, or require that children be deprived of any instrumentality that otherwise is legal to possess and use," he wrote.

"... However, before us is the unusual case. EC was extraordinarily troubled, yet defendants nonethelessprovided him with a handgun and, despite having discrete, disturbing evidence that EC contemplated harming others, did nothing when confronted with that evidence."

Oakland County Prosecutor Karen McDonald's office argued the Crumbleys were grossly negligent in buying their then-15-year-old son a handgun and ignoring his mental state. Ethan Crumbley brought the gun to school and killed four of his classmates and wounded seven others in November 2021.

The Crumbleys attorneys first appealed the bindover to the Oakland County Circuit Court, who agreed with Nicholson and denied their motion to quash the charges. The Court of Appeals initially denied a request to hear the case, but when the Crumbleys appealed to the Michigan Supreme Court, the higher court sent the case back to the Court of Appeals to determine if there was sufficient evidence for the bindover. The standard for sending a case to trial is probable cause that a crime occurred.

James and Jennifer Crumbley's attorneys, Mariell Lehman and Shannon Smith, countered that prosecutors did not meet the probable cause standard required to bind the case over for trial. The Crumbleys had no reason to believe their son posed a threat to himself or others, the defense attorneys argued, so they were not legally responsible for anything he did.

The Crumbleys each face four involuntary manslaughter charges connected to the deaths of Oxford High students Madisyn Baldwin, 17; Tate Myre, 16; Hana St. Juliana, 14; and Justin Shilling, 17. Their son pleaded guilty in October to their deaths and awaits sentencing.

History of mental health issues

By early 2021, Ethan began telling his parents about his paranoia, Murray wrote. He texted Jennifer that he thought someone was in the house when no one was home and a week later said he believed there was a demon in the house. James and Jennifer didn’t contact their son back after either series of texts.

The Crumbleys knew Ethan continued to experience hallucinations and that he was hearing voices, Murray wrote. He asked to go to the doctor in April, he told his best friend, and said he believed he was having a mental breakdown.

James Crumbley gave the teen some pills and told him to "suck it up," and Jennifer Crumbley laughed at him, Murray wrote. Ethan told his friend this made him “feel like (expletive)” and that he considered calling 911 so someone would take him to get help, but he decided not to because his parents would be mad.

Ethan also talked to his friend about wanting guns and making plans to buy them, Murray wrote. Three months before the shooting he sent a short video of him loading a magazine into one of James’ guns, which he said his father left out. Several texts later, he said “now it’s time to shoot up the school. … JKJKJKJKJK (just kidding).”

By October, Ethan and his friend were still talking about his belief he was having a mental breakdown, Murray wrote. But the Crumbleys text conversations didn’t give any indication they were considering getting him help. Jennifer Crumbley told a friend she thought Ethan was having a hard time because he lost his only friend, his dog  and a grandparent in quick succession.

Ethan’s journal also contained disturbing drawings and writings, and each of the 21 pages in the journal contained mention of a plan to commit a school shooting.

“I have fully mentally lost it after years of fighting with my dark side,” Ethan wrote in one entry. “My parents won’t listen to me about help or a therapist. … I have zero help for my mental problems and it’s causing me to shoot up the f**king school.”

The Crumbleys were aware of the journal, but there has been no evidence to show they read it, Murray wrote in a footnote.

The Crumbleys bought Ethan a gun for Christmas in the days leading up to the shooting and Jennifer Crumbley was aware Ethan got in trouble Nov. 29 for looking at ammunition on his phone. They were in a meeting about the concning drawings and writings on his math worksheet the morning of the shooting, but declined to take him home or get him immediate help.

Oxford parent Andrea Jones said on Thursday she is pleased the Crumbleys will stand trial.

"This community has lost over a year of healing while we wait for accountability. It is my hope that this first step will open the door to include all individuals involved that day, so we can finally begin to feel some sort of closure," Jones said. 

kberg@detroitnews.com

Staff reporter Jennifer Chambers contributed.