{"id":36387,"date":"2024-02-06T08:01:00","date_gmt":"2024-02-06T08:01:00","guid":{"rendered":"https:\/\/www.lifeandnews.com\/articles\/?p=36387"},"modified":"2024-02-07T19:45:53","modified_gmt":"2024-02-07T19:45:53","slug":"michigan-mother-convicted-of-manslaughter-for-school-shootings-by-her-son-after-buying-him-a-gun-and-letting-him-keep-it-unsecured","status":"publish","type":"post","link":"https:\/\/www.lifeandnews.com\/articles\/michigan-mother-convicted-of-manslaughter-for-school-shootings-by-her-son-after-buying-him-a-gun-and-letting-him-keep-it-unsecured\/","title":{"rendered":"Michigan mother convicted of manslaughter for school shootings by her son \u2013 after buying him a gun and letting him keep it\u00a0unsecured"},"content":{"rendered":"\n<p><a href=\"https:\/\/theconversation.com\/profiles\/thaddeus-hoffmeister-1182750\">Thaddeus Hoffmeister<\/a>, <em><a href=\"https:\/\/theconversation.com\/institutions\/university-of-dayton-1726\">University of Dayton<\/a><\/em><\/p>\n\n\n\n<p>In a decision expected to have far-reaching implications for the criminal responsibility of parents of mass shooters, a Michigan jury on Feb. 6, 2024, convicted Jennifer Crumbley on charges of involuntary manslaughter for her role in her son\u2019s deadly rampage nearly three years ago.<\/p>\n\n\n\n<p>Both Crumbley parents have pleaded not guilty to four counts each of involuntary manslaughter. Jennifer Crumbley faces a maximum <a href=\"https:\/\/www.clickondetroit.com\/news\/local\/2021\/12\/04\/oxford-shooting-heres-what-charges-potential-sentences-suspects-parents-are-facing\/\">prison sentence of 60 years<\/a> and maximum fines of US$30,000. Jennifer\u2019s husband, James Crumbley, goes on trial for the same charges in March, and, if convicted, faces the same sentencing guidelines as his wife did.<\/p>\n\n\n\n<p>In December 2023, their son, <a href=\"https:\/\/www.independent.co.uk\/news\/world\/americas\/crime\/michigan-shooting-suspect-ethan-crumbley-b1975865.html\">Ethan Crumbley<\/a>, was sentenced to life in prison without parole for the Nov. 30, 2021, shooting in which he killed four people and wounded seven others.<\/p>\n\n\n\n<p>During the sentencing hearing for Ethan, Oakland County Circuit Court Judge Kwam\u00e9 Rowe said one of the victims was <a href=\"https:\/\/www.cnn.com\/2023\/12\/08\/us\/oxford-shooting-ethan-crumbley-sentencing\/index.html\">shot at point-blank range<\/a> after being told by the defendant to get on his knees. Another victim was shot a second time after she was down, Rowe said, \u201cto finish the job by shooting her again.\u201d<\/p>\n\n\n\n<h2>Were the parents responsible?<\/h2>\n\n\n\n<p>Many were surprised when <a href=\"https:\/\/www.detroitnews.com\/story\/news\/local\/oakland-county\/2021\/12\/14\/court-hearing-parents-accused-oxford-high-school-shooter\/6470468001\/\">the Crumbleys<\/a>, were charged for their alleged role in the tragedy.<\/p>\n\n\n\n<p>Criminal law, unlike civil law, is less likely to hold defendants liable for the actions of a third party, even if that third party is the defendant\u2019s child. This is because in criminal law defendants face incarceration and the associated stigma that comes with a conviction.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img src=\"https:\/\/images.theconversation.com\/files\/437904\/original\/file-20211215-21-9autxt.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=237&amp;fit=clip\" alt=\"Ethan Crumbley, as seen in a police mug shot.\"\/><figcaption>Ethan Crumbley was convicted of fatally shooting four students at Oxford High School. <a href=\"https:\/\/www.gettyimages.com\/detail\/news-photo\/in-this-undated-handout-photo-provided-by-the-oakland-news-photo\/1237057035?adppopup=true\">Photo by Oakland County Sheriff&#8217;s Office via Getty Images<\/a><\/figcaption><\/figure>\n\n\n\n<p>In the rare instances that <a href=\"https:\/\/www.newsweek.com\/9-years-after-sandy-hook-oxford-shooting-sees-parents-prosecuted-unprecedented-move-1659265\">parents of school shooters are prosecuted<\/a>, they were normally charged with crimes such as child abuse, child neglect and the failure to properly secure a firearm. The charge lodged against the Crumbleys, <a href=\"https:\/\/www.justia.com\/criminal\/offenses\/homicide\/involuntary-manslaughter\/\">involuntary manslaughter<\/a>, also known as gross negligent homicide, was even more uncommon.<\/p>\n\n\n\n<p>But it\u2019s not without precedent.<\/p>\n\n\n\n<p>In 2000, <a href=\"https:\/\/www.mlive.com\/news\/2020\/02\/20-years-after-kayla-rolland-the-fatal-first-grade-shooting-that-sparked-a-national-gun-debate.html\">Jamelle James<\/a>, a Michigan resident, pleaded no contest to involuntary manslaughter for leaving his handgun in a shoebox in his bedroom. At the time, James lived in an apartment prosecutors described as a \u201cflophouse\u201d that was shared with a number of people, including two young children.<\/p>\n\n\n\n<p>A 6-year-old boy \u2013 James\u2019 nephew \u2013 was temporarily living in the apartment and discovered the gun, brought it to school and fatally shot his first grade classmate Kayla Rolland. James spent more than two years in prison before he was released on probation.<\/p>\n\n\n\n<p>Prosecutors claimed that James\u2019 conduct was \u201cgrossly negligent\u201d and \u201cso reckless as to demonstrate a substantial lack of concern for whether an injury resulted.\u201d Arguably, leaving an unsecured gun around very young children demonstrated James\u2019 gross negligence.<\/p>\n\n\n\n<p>Oakland County Prosecutor Karen McDonald has taken direct aim at Crumbley\u2019s parents. Their behavior, McDonald explained, was \u201c<a href=\"https:\/\/www.npr.org\/2021\/12\/03\/1061190344\/michigan-school-shooting-parents-oxford-charged\">egregious<\/a>.\u201d<\/p>\n\n\n\n<p>\u201cI want to be really clear that these charges are meant to hold the individuals who contributed to this tragedy accountable and also send a message that gun owners have a responsibility,\u201d <a href=\"https:\/\/www.cnn.com\/2021\/12\/03\/us\/michigan-oxford-high-school-shooting-superintendent-message\/index.html\">McDonald said during a news conference<\/a> on Dec. 4, 2021, less than a week after the shootings at Oxford. \u201cWhen they fail to uphold that responsibility, there are serious and criminal consequences.\u201d<\/p>\n\n\n\n<h2>\u2018Egregious\u2019 behavior<\/h2>\n\n\n\n<p>One of the key questions for jurors was whether the parents knew that a school shooting would occur or had reckless disregard of this fact. To prove the parents\u2019 <a href=\"https:\/\/dictionary.law.com\/Default.aspx?selected=838\">gross negligence<\/a>, the prosecution relied on a series of alleged facts.<\/p>\n\n\n\n<p>Among the most central facts was that the <a href=\"https:\/\/www.nytimes.com\/2021\/12\/03\/us\/crumbley-parents-charged-michigan-shooting.html\">Crumbleys bought their son the handgun<\/a> as a Christmas present and later took him to target practice.<\/p>\n\n\n\n<p>Neither parent informed the school that they had bought the gun and that their son had access to it.<\/p>\n\n\n\n<p>After being told that her son was searching for ammo on his phone at school, Jennifer <a href=\"https:\/\/www.bbc.com\/news\/world-us-canada-59523682\">Crumbley told her son via text message not to get caught<\/a>: \u201cLOL I\u2019m not mad. You have to learn not to get caught.\u201d<\/p>\n\n\n\n<p>Neither of the parents opted to remove their son from school after being told that a teacher found a <a href=\"https:\/\/www.washingtonpost.com\/education\/2021\/12\/05\/michigan-school-shooting\/\">disturbing drawing of a bloody figure<\/a> in his desk.<\/p>\n\n\n\n<p>Finally, the gun was unsecured.<\/p>\n\n\n\n<p>During closing arguments on Feb. 2, 2024, in Jennifer Crumbley\u2019s trial, McDonald urged the jury to consider the \u201creally egregious facts\u201d before deciding to convict Crumbley.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img src=\"https:\/\/images.theconversation.com\/files\/437893\/original\/file-20211215-25-cm5btl.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip\" alt=\"Oakland County Prosecuting Attorney Karen McDonald answers questions at news conference.\"\/><figcaption>Oakland County prosecuting attorney Karen McDonald announces on Dec. 3, 2021, that charges have been filed against the parents of Oxford High School gunman Ethan Crumbley. <a href=\"https:\/\/www.gettyimages.com\/detail\/news-photo\/oakland-county-prosecuting-attorney-karen-mcdonald-news-photo\/1356998362?adppopup=true\">Scott Olson\/Getty Images<\/a><\/figcaption><\/figure>\n\n\n\n<p>\u201cIt takes the unthinkable, and she has done the unthinkable, and because of that, four kids have died,\u201d McDonald said.<\/p>\n\n\n\n<p>Though the prosecution\u2019s case appeared compelling, Shannon Smith, Crumbley\u2019s defense attorney, had some very strong counterarguments.<\/p>\n\n\n\n<p>For starters, the weapon was legal to own, and Michigan had no law at the time requiring the gun to be properly stored away from juveniles.<\/p>\n\n\n\n<p>Smith argued that the blame lay not with Jennifer but elsewhere: on her husband for improperly securing the firearm and on the school for failing to notify her about her son\u2019s behavioral issues. Jennifer, in her testimony, appeared to absolve herself of any missteps or negligent acts, stating, \u201cI\u2019ve asked myself if I would have done anything differently, and I wouldn\u2019t have.\u201d<\/p>\n\n\n\n<p>Ultimately, Smith argued, the blame lay on Ethan, who planned and carried out the attack on his own.<\/p>\n\n\n\n<p>As Smith asked in her closing defense argument, \u201cCan every parent really be responsible for everything their children do, especially when it\u2019s not foreseeable?\u201d<\/p>\n\n\n\n<h2>Changing the laws<\/h2>\n\n\n\n<p>In the James case, the 6-year-old who shot his classmate was never charged with a crime because most jurisdictions hold that children under the age of 7 are <a href=\"https:\/\/nap.nationalacademies.org\/read\/9747\/chapter\/7\">unable to formulate<\/a> criminal intent.<\/p>\n\n\n\n<p>The same cannot be said for Ethan Crumbley, who was 15 years old at the time of the shootings. He was <a href=\"https:\/\/www.usatoday.com\/story\/news\/nation\/2021\/12\/02\/oxford-michigan-shooting-charges-ethan-crumbley-explained\/8835757002\/\">charged with four counts<\/a> of first-degree murder, one count of terrorism causing death, seven counts of assault with intent to murder and 12 counts of possession of a firearm in the commission of a felony.<\/p>\n\n\n\n<p>Many people on both sides of the gun safety debate <a href=\"https:\/\/quchronicle.com\/75407\/opinion\/oxford-is-yet-another-example-why-parents-of-school-shooters-should-be-held-responsible\/\">have applauded McDonald\u2019s efforts<\/a> to hold people responsible for allowing guns to fall into the hands of children.<\/p>\n\n\n\n<p><a href=\"https:\/\/www.pbs.org\/newshour\/nation\/explainer-how-unusual-to-charge-parents-in-school-shooting\">According to a 2019 assessment by the U.S. Department of Homeland Security<\/a>, 76% of the guns used in school shootings came from a parent or close relative, and approximately half the weapons were easily accessible.<\/p>\n\n\n\n<p>Prosecuting the Crumbleys may reverse this trend, as may recently proposed state and federal legislation.<\/p>\n\n\n\n<p>Two weeks after the Oxford shootings, for example, U.S. Rep. Elissa Slotkin, a Michigan Democrat, <a href=\"https:\/\/detroit.cbslocal.com\/2021\/12\/15\/michigan-rep-elissa-slotkin-introduces-legislation-requiring-safe-storage-of-firearms-in-wake-of-oxford-school-shooting\/\">proposed a new federal law<\/a> holding parents or other responsible adults liable for failing to secure their firearms.<\/p>\n\n\n\n<p>That federal proposal became part of a state legislative package <a href=\"https:\/\/www.cbsnews.com\/detroit\/news\/a-look-at-gun-laws-set-to-take-effect-in-2024\/\">signed into law<\/a> April 13, 2023, by Michigan Gov. <a href=\"https:\/\/www.michigan.gov\/whitmer\/news\/press-releases\/2023\/04\/13\/whitmer-signs-commonsense-gun-violence-prevention-legislation-to-keep-michigan-communities-safe\">Gretchen Whitmer<\/a>.<\/p>\n\n\n\n<p>The new laws took effect on Jan. 1, 2024. They established universal background checks for all firearm purchases and <a href=\"https:\/\/www.freep.com\/story\/news\/local\/michigan\/2023\/08\/13\/michigan-gun-laws-background-checks-storage-red-flags-changes\/70432935007\/\">safe storage requirements<\/a> designed to keep guns out of the hands of children.<\/p>\n\n\n\n<p><em>Editor\u2019s note: Some material used in this <a href=\"https:\/\/theconversation.com\/are-parents-criminally-responsible-for-the-actions-of-their-child-in-the-oxford-shooting-case-prosecutors-say-yes-173881\">story<\/a> was originally published on Dec. 20, 2021.<\/em><\/p>\n\n\n\n<p><a href=\"https:\/\/theconversation.com\/profiles\/thaddeus-hoffmeister-1182750\">Thaddeus Hoffmeister<\/a>, Professor of Law, <em><a href=\"https:\/\/theconversation.com\/institutions\/university-of-dayton-1726\">University of Dayton<\/a><\/em><\/p>\n\n\n\n<p>This article is republished from <a href=\"https:\/\/theconversation.com\">The Conversation<\/a> under a Creative Commons license. Read the <a href=\"https:\/\/theconversation.com\/michigan-mother-convicted-of-manslaughter-for-school-shootings-by-her-son-after-buying-him-a-gun-and-letting-him-keep-it-unsecured-222731\">original article<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Thaddeus Hoffmeister, University of Dayton In a decision expected to have far-reaching implications for the criminal responsibility of parents of mass shooters, a Michigan jury on Feb. 6, 2024, convicted Jennifer Crumbley on charges of involuntary manslaughter for her role in her son\u2019s deadly rampage nearly three years ago. Both Crumbley parents have pleaded not [&hellip;]<\/p>\n","protected":false},"author":44,"featured_media":36388,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[4],"tags":[2894,15153,5516,4038,14506,13387],"_links":{"self":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts\/36387"}],"collection":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/users\/44"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/comments?post=36387"}],"version-history":[{"count":2,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts\/36387\/revisions"}],"predecessor-version":[{"id":36394,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts\/36387\/revisions\/36394"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/media\/36388"}],"wp:attachment":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/media?parent=36387"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/categories?post=36387"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/tags?post=36387"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}