Michigan v. Jennifer Crumbley (Prosecuting the Parents of a Killer)

Hello everyone, I've missed you.

Due to a confluence of factors which I won't waste time or energy going into here, we had a slightly longer hiatus than I expected, but we are back and I expect the content to be a little more regular going forward.

This episode is meaningful for a number of reasons.  First, I bring on my law partner, Bob Gottlieb of Robert C. Gottlieb and Associates, to discuss the issues surrounding the Crumbley case.  Second, while we agree on some of the guideline principles, we do not see perfectly eye to eye on this prosecution.  You asked for more viewpoint diversity and variety.  I deliver.  Third, this is truly a fascinating case because it revisits some of the topics we've discussed in previous episodes, but in a new way.

In late November 2021, James and Jennifer Crumbley bought their 15 year old son, Ethan, a Sig Sauer pistol as an early Christmas present.  In Oxford, Michigan, where they lived, this was not uncommon or out of the ordinary.  Ethan took the requisite safety courses, went to the gun range with his mother, had no history of violence, and was not a problem at school.

Regardless, a few days after the pistol was given to him as a gift (though still supposed to be locked in a safe by his parents), Ethan brought both the gun and ammunition to his high school, and killed four people.

Ethan pleaded guilty in October 2022 to all the charges and was sentenced to life without the possibility of parole as a 16 year old.  

But the county prosecutor went on and charged his parents, Jennifer and James Crumbley with manslaughter for their role in facilitating the shooting.  The prosecution argued that the parents knew, or at least should have known, that giving their mentally disturbed 15 year old a gun would result in a school shooting.

We tackle the question of when a parent can be liable for the acts of their child, especially if the child has already been found fully liable for those acts themselves, and to what degree a parent needs to be fully aware of what is going on their child's life.  When does negligent parenting become accessory to homicide?

Paul and Bob hope you enjoy the conversation.