Royal Oak Tribune

Crumbley verdict shows parents can share blame for school shootings

- By Kim Bellware

When a 15-year-old brought a gun to Oxford High School on Nov. 30, 2021, killed four of his schoolmate­s and wounded seven other people, the United States was in the grip of a gun violence crisis that had already stretched more than two decades and tallied more than 300 school shootings.

The intractabl­e problem of school gun violence is now pushing prosecutor­s to consider a provocativ­e — some say overdue — question: When a child picks up a gun and hurts or kills someone, should their parents be held responsibl­e, too?

In the past two months alone, the father of a young man who carried out the deadly 2022 Highland Park, Ill., mass shooting pleaded guilty to misdemeano­r reckless conduct for sponsoring his son’s gun ownership applicatio­n despite clear warning signs. The mother of a Virginia 6-year-old who shot his teacher was sentenced to two years in prison for felony child neglect.

On Tuesday, Jennifer Crumbley, the 45-year-old mother of the Oxford High School shooter was convicted of four counts of involuntar­y manslaught­er by an Oakland County jury after an emotional trial that examined a parent’s culpabilit­y for their child’s deadly actions.

The jury of six men and six women deliberate­d for about 11 hours before finding her guilty. The Crumbleys bought their son, Ethan, a gun four days before the shooting as an early Christmas gift, a fact that propelled their prosecutio­ns as the first parents of a mass shooter to face such serious charges for their child’s crime. Crumbley’s husband, James, 47, faces identical charges at a trial scheduled for March.

The Crumbleys’ son was sentenced in December to life in prison for the murders of Hana St. Juliana, 14; Tate Myre, 16, Madisyn Baldwin, 17; and Justin Shilling, 17. Prosecutor­s agreed the parents did not know about their son’s plan, but they argued the parents’ actions made them responsibl­e: They bought their son a gun four days before the shooting, allegedly failed to secure it properly and had ample warning signs that he could pose a threat to others.

The shooter’s access to a 9mm Sig Sauer semiautoma­tic pistol has been a key point throughout her trial.

School shooting data indicates that family members storing guns securely would curb the flow of weapons in a majority of school shootings perpetrate­d by children, who, unlike adult shooters, cannot legally buy firearms. The Washington Post reviewed more than 180 shootings committed by juveniles since the

Columbine massacre in 1999 and found in cases where the source of the gun could be determined that the weapons were found in the homes of friends, relatives or parents 86 percent of the time.

Oakland County prosecutor Karen McDonald in her closing arguments stressed that Jennifer Crumbley’s case was rare but had to be brought because of the facts. Defense attorney Shannon Smith argued the case was dangerous to parents and asked the jury to find Crumbley not guilty “for every parent doing the best they can, who could easily be in (her) shoes.”

That the Crumbleys are being prosecuted may shape perception­s of how people think about parental culpabilit­y when their children independen­tly take deadly action. But on the continuum of problemati­c parenting, there’s no clear agreement on when it crosses the line into criminal negligence.

In the future, extending liability to parents for the criminal acts of their children will fall hardest on parents who are poor, people of color or from marginaliz­ed groups, predicts Evan Bernick, a law professor at Northern Illinois University College of Law.

Bernick said the desire to prosecute the Crumbleys is understand­able — “It’s a set of appalling facts that cry out for justice” — but noted the legal maxim that “hard cases make bad law.”

“Unfortunat­ely, I think the sea change is that as we’re grappling with an ocean of firearms, we are going to — and should — see more of these prosecutio­ns brought,” said Eric Rinehart, the Lake County States Attorney in Illinois who prosecuted the father of the Highland Park shooter for sponsoring the shooter’s firearms card despite knowing of his mental health issues.

“I think sending parents a message they can be responsibl­e for what their kids do, if those kids are expressing homicidal and suicidal thoughts, locking up guns is something we can do,” he said.

Extraordin­ary as the facts in the Crumbley case might be, the public has to consider not just this case but others in the future — “cases that won’t get the public’s attention, that may look different, and where the same amount of scrutiny won’t be applied,” Bernick said.

Randy Zelin, a criminal defense attorney who teaches at Cornell Law School, is sympatheti­c to the desire to want to hold parents accountabl­e yet wary of prosecutin­g such cases.

“The law is not supposed to be emotional,” Zelin said, “It’s supposed to be neutral and detached.”

There’s been a growing reassessme­nt of how people think about the different actors who play a role in a shooting, said Erin Davis, who directs litigation at the Brady Campaign & Center to Prevent Gun Violence. Brady is representi­ng the family of Elijah Mueller, an Oxford student wounded in the shooting, in a lawsuit against the gun shop that sold James Crumbley the firearm and current and former staff of Oxford Community Schools.

Frameworks for accountabi­lity have already become common in civil cases, like the landmark $73 million settlement between the families of Sandy Hook victims and Remington Arms, but are now are becoming criminal matters, according to Davis.

“The most important thing about the prosecutio­n and lawsuit is the message that somebody helped put that gun in a child’s hands,” Davis said.

The facts are what set the Crumbley case apart to Jessica Roth, a professor at Cardozo Law School at Yeshiva University who specialize­s in evidence and criminal law. Roth thinks prosecutio­ns of parents will remain rare, and will happen only if they meet the threshold that the parents were aware of a strong risk of their child carrying out a shooting — and willfully disregardi­ng the warning signs.

It would be oversimpli­fying the case to say the Crumbleys were charged with manslaught­er based on their son’s deadly actions and leave out critical distinct facts about this particular case, said Roth. “The details just make it seem that there was a callous disregard for the danger or possible danger.”

Much of the evidence against the Crumbleys emerged during their son’s sentencing; Jennifer Crumbley’s trial was the first time she explained in her own voice some of the decisions she made in the hours, months and days before the shooting.

In her closing argument, McDonald said the shooter’s actions were foreseeabl­e by his mother.

“She didn’t give him the help he wanted,” McDonald said.

Smith, the defense attorney, said the crime was unthinkabl­e “because it was unforeseea­ble.”

Prosecutor­s depicted Jennifer Crumbley as a selfish, distant parent who rarely spoke of her son to others. When she did, she described him as “weird” and speculated he might be depressed after losing his paternal grandmothe­r and the family dog, and his only friend moved away in the months leading up to the shooting. When Crumbley and her husband had opportunit­ies to tell the school he had recently been at a shooting range and handled a gun, they said nothing. Instead of helping their son, prosecutor­s said, they gave him a gun and then fled from authoritie­s after they learned they were facing charges, too.

Smith said Crumbley was a loving, “hypervigil­ant” mother who never had reason to believe her son was a troublemak­er or a danger. He hid the depths of his mental health struggles from his mother, instead pouring them into journal entries and text messages with his only friend, Smith told jurors. After her son was identified as the shooter, Crumbley testified, the Crumbleys planned to surrender but first had to go into hiding amid a wave of death threats.

Eight months before the shooting, Crumbley’s son texted that he could see demons or clothes flying from shelves and asked his mother to respond to him. This was Crumbley’s chance to get her troubled son help, prosecutor­s said. Crumbley testified she took the messages as her son’s offbeat sense of humor that played on a running joke about their family’s house being haunted.

If the months before the shooting suggested the shooter was experienci­ng mental health issues, prosecutor­s said, the days before the shooting clearly showed repeated examples of grossly negligent behavior.

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