OXFORD (WWJ) James Crumbley, father of the Oxford High School shooter, has requested a new trial; according to court documents.
James' son, who was 15 at the time of the shooting, pled guilty to two dozen charges against him— including first-degree murder, attempted murder and terrorism— for the mass shooting at Oxford High School in November of 2021 that took the lives of students: Tate Myre, Hana St. Juliana, Madison Baldwin and Justin Shilling. Seven others were injured.
The shooter was sentenced to life in prison without the possibility of parole; which he has tried to appeal, arguing he didn't understand the ramifications of his guilty plea.
James Crumbley and his wife Jennifer are both serving ten to 15 years for four convictions each of involuntary manslaughter, the first parents in U.S. history to be convicted for the crimes of their child.
Both Jennifer and James are also pushing back on the convictions against them. Jennifer's attorney filed a motion around Christmas of last year demanding her release from jail while an appeal for an acquittal or a new trial moved through the courts.
Now, James is following suit. He has asked Oakland County Circuit Court Judge Cheryl Mathews for a hearing to determine the effectiveness (or ineffectiveness) of his attorney and for a new trial.
"I'm not surprised at all that James Crumbley would ask for a new trial," WWJ's Legal Analyst Charlie Langton said.
Langton said concern over proffer agreements—which allegedly remained undisclosed until after James' conviction—was also one of the biggest reasons for his request.
A proffer agreement means the prosecutor "made some deal… for immunity for certain witnesses," Langton described.
According to the Detroit News; the proffer agreements granted immunity to both the Oxford High School counselor and the former Dean of Students, both of whom met with the shooter and his parents the morning of the shooting.
"In the last hearing for the wife's trial, the judge said '(the prosecution) should have disclosed those proffer agreements'…" Langton said live on WWJ. "But the issue is, whether that's going to be enough for a new trial."
Jennifer also requested a new trial due to concerns over the proffer agreements, multiple news outlets reported.
According to the Detroit Free Press; another qualm James raised surrounded Fifth Amendment rights —why his son was given the opportunity invoke his right to avoid self incrimination and not forced to testify in his father's trial— even though his son had already pled guilty and was sentenced.
The unprecedented case of the Crumbley parents has opened up a murky new area of the law—described by lawyer and columnist, Andrew McCarthy— as a "Pandora's Box."
Quite simply, it poses the question: can a person be responsible for the crime of another?
Jennifer Crumbley's attorney, Michael Dezsi, says no.
"There has never been recognition under the law that a person can be held criminally responsible for the criminal acts of another person," Dezsi said live on WWJ in winter of 2024. "We have no more of a duty to stop a robbery that we see on the streets, than a parent would have to stop a crime that's going to be committed by their son."
On the other hand; Oakland County Prosecutors said "(the parents) can and should be prosecuted", calling the Crumbleys "grossly negligent."
During the trial, prosecutors argued that Jennifer and James purchased a 9 mm handgun for their son while knowing he struggled with his mental health. Instead of addressing those concerns, they took him to a shooting range to show him how to use the gun and failed to store it properly.
Chief Assistant Prosecutor David Williams said in a statement: "…two parents ignored the obvious signs that their son was in crisis, bought him a gun and failed to secure it, and then failed to disclose the existence of the gun or take their son home when he drew out his plans, including writing 'blood everywhere' with a picture of a gun and a body with bleeding bullet wounds."
As for whether there's enough reason to grant James Crumbley a new trial, Langton says "probably not."
"The bottom line here, is the jury looked through all the evidence and they determined after numerous days of trial these two were guilty…" he said. "The prosecution did prove its case."
The Oakland County Prosecutor's Office said they will respond as necessary, but insisted the Crumbleys received a fair trial.
Hana St. Juliana (14), Madisyn Baldwin, (17), Tate Myre, (16) and Justin Shilling (17) lost their lives when the shooter pulled the gun out of his backpack and opened fire inside Oxford High School on November 30th, 2021.
