Appeals court orders Crumbleys to stand trial in Oxford school shooting

In an unprecedented move, the Michigan Court of Appeals ordered James and Jennifer Crumbley to stand trial for the deadly mass school shooting committed by their son, concluding his act of terror was “foreseeable” and there’s enough evidence to send the novel case to trial. The shooter’s actions were “reasonably foreseeable, and that is the ultimate test that must be applied,” a three-judge panel of the appeals court said in an opinion issued Thursday. The Crumbleys are charged with involuntary manslaughter in the deaths of four students killed by their son, Ethan Crumbley, who used a gun his parents bought him as an early Christmas present to carry out the massacre at Oxford High School in November 2021.

“The record squarely supports that ‘but for’ (the Crumbleys’) acts and omissions, (Ethan Crumbley) would not have killed the victims that day,” the appeals court said, adding: “. . .

a reasonable fact-finder could conclude that (the son) would not have been able to shoot and kill four students but for (his parents’) decision to purchase their mentally disturbed son a handgun, their failure to properly secure the gun, and most importantly, their refusal to remove (their son) from school when he made overt threats to hurt other people. ‘But for’ (the parents’) informed decision to leave (their son) at school, these murders would not have occurred that day. ” Judges Christopher Murray, Michael Riordan and Christopher Yates issued the 17-page opinion after hearing oral arguments from both sides earlier this month.

What Ethan Crumbley’s parents didn’t do In reaching its decision, the court cited numerous factors, including the parents being summoned to the school on the morning of the shooting over a troubling note their son had drawn on his math worksheet. It included a gun, blood and the words, “The thoughts won’t stop, help me. ” “Despite their knowledge of all of these circumstances, when given the option to help (their son) and take him out of school, the defendants did nothing,” the appeals court wrote.

“They did not, contrary to the recommendations of (the school counselor) take (their son) home and get him immediate medical help. Nor, when they decided to leave him at school, did they tell school officials about (Ethan Crumbley’s) history of mental health issues nor explain to them that (their son) had access to a gun similar to the one he drew on the math worksheet. ” The appeals court also noted that the Crumbleys never asked their son whether he had the gun with him “nor did they look in his backpack.

” And, when they left the school, the court noted, the Crumbleys didn’t go home to make sure their son had not taken the gun. “In light of those foreseeable events, when presented with what he had just drawn, written and viewed that morning, a reasonable juror could conclude that it was foreseeable that (Ethan Crumbley) possessed his recently gifted gun and intended to use it that day,” the appeals court wrote in its opinion. Thursday’s opinion comes after the Michigan Supreme Court last year ordered the Court of Appeals to hear the case, which had initially declined to do so.

‘We share concern’ about setting a precedent for all parents The appeals court also acknowledged the slippery-slope argument that the Crumbleys’ lawyers have made: that this case could set a dangerous precedent for all parents whose children make mistakes. “We share defendants’ concern about the potential for this decision to be applied in the future to parents whose situation viz-a-viz their child’s intentional conduct is not as closely tied together,” the appeals court wrote. But this case has “unique facts,” the court wrote, concluding evidence is sufficient to take the case to trial to ultimately decide whether the Crumbleys’ alleged gross negligence shares blame for the four deaths.

“We acknowledge defendants’ argument that no parent could reasonably foresee their child committing a mass shooting,” the court states. “But these issues are based on the facts and what is reasonably foreseeable . .

. 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. ” Moreover, the court added: “.

. . with respect to foreseeability, more relevant than the number of people shot is the foreseeability that (Ethan Crumbley) would shoot someone that day.

” More: Appeals Court grills Crumbley lawyers, cites ‘plenty of warning signs’ More: Oxford school officials: Ethan Crumbley’s parents never refused to take him home Oxford High shooting occurred two hours after parents left the school The Crumbleys, who are expected to appeal the decision to the Michigan Supreme Court and who remain jailed in Oakland County, have maintained that they had no idea their son was going to carry out a mass shooting and that they are not to blame for the deaths. But prosecutors argue the parents were grossly negligent, alleging they ignored their troubled son for years, and instead of getting him mental health services, they bought him the gun used in the killing. Prosecutors have repeatedly argued that the Crumbleys — more than anyone else — could have prevented the shooting had they told the school that their son had access to a gun on the morning they were summoned to the school.

By the time they arrived, their son had altered the note to make it seem like he was a happy student. As the appeals court noted, the parents were informed about both the original note of the blood and gun and the doctored note — yet still chose to keep him at school rather than take him home so they could return to their jobs. Just four minutes after driving out of the school parking lot, James Crumbley logged onto DoorDash and accepted his first delivery job at 11 a.

m. that day, the court noted. At 12:21 p.

m. that day, Jennifer Crumbley texted her son at school to ask whether he was OK. “(You) know you can talk to us and we won’t judge,” the mom texted.

Ethan Crumbley replied: “IK thank you. I’m sorry for that. I love you.

” Almost 10 minutes after sending that message, Ethan Crumbley went into a bathroom with his backpack, came out with the gun his parents had bought him and opened fire. By 12:58 p. m.

that day, the shooting was over. According to courtroom testimony, the teen stayed at school after a counselor concluded it would be better for him to be in school than at home alone. Ethan Crumbley pleaded guilty to all charges last year and awaits sentencing.

He faces up to life in prison without the possibility of parole, though his lawyers are challenging that sentence, given his age. He was 15 at the time of the shooting. Contact Tresa Baldas: tbaldas@freepress.

com.