Crumbleys appeal to Michigan Supreme Court: Blame our son for Oxford shooting, not us

James and Jennifer Crumbley, the first parents in America charged in a mass school shooting, are appealing to the Michigan Supreme Court, arguing the decision to charge them for a massacre carried out by their son was "clearly erroneous," sets a dangerous precedent and will "cause injustices."

"Of course, the desire to hold someone accountable for the tragedy that occurred at Oxford High School on November 30, 2021 is certainly understandable, but 'the temptation to stretch the law to fit the evil is an ancient one, and it must be resisted,' " defense attorney Shannon Smith argues in her latest filing, citing case law.

At issue for the Crumbleys is a series of lower-court decisions that essentially concluded there was enough evidence to bind them over for trial on involuntary manslaughter charges for the deadly 2021 Oxford High School shooting that was carried out by their son. Ethan Crumbley, who was 15 at the time, used a gun his parents bought him to shoot up his school, killing four students and leaving seven others injured.

'One cannot predict the unimaginable,' Crumbley lawyers argue

The Crumbleys, who were charged days after the shooting and have been jailed ever since, have repeatedly argued that a district judge abused her discretion in binding them over for trial. But on March 23, the Michigan Court of Appeals concluded that the judge did not abuse her discretion, which sends the case to trial.

The Crumbleys, though, are still fighting to avoid that, maintaining that the prosecution cannot prove that they caused the students' deaths and that the only one responsible for the deaths was their son, who has pleaded guilty to the murders and is awaiting sentencing. Moreover, their lawyers argue that the son's decision to carry out a mass school shooting was not "reasonably foreseeable."

"Certainly, after every school shooting, the media and those affected are quick to point to so-called 'red flags' that were missed by those in the shooter’s life. But the truth of the matter is, one cannot predict the unimaginable," attorney Mariell Lehman, who is representing James Crumbley, wrote in her filing to the Supreme Court.

More: Appeals court orders Crumbleys to stand trial in Oxford school shooting

More: Crumbley parents banned from son's hearing: They just want to silence him, prosecutor says

Smith, who is representing Jennifer Crumbley, echoed that in her filing, arguing the rationale for charging the Crumbleys “should be particularly troubling” and “begs the question of when a parent will cross the subjective line of 'good parenting' and render (themselves) criminally liable for the independent acts of a teenager.“

In this case, Smith argued, it was the teenage son who terrorized a school with deadly violence, not the parents.

Ethan Crumbley’s "acts, without a doubt, constitute intentional misconduct,” Smith writes in her filing with the Supreme Court. “As made clear by his 21-page journal, (Ethan) did not, in the spur of the moment, embark on the homicidal rampage; to the contrary, (he) planned the attack well in advance.“

And, Smith argues, his parents had no way of knowing this.

Prosecutors: Parents were in the best position to know son's plans

“They had no knowledge that their son intended to commit multiple homicides on November 30, 2021,” Smith writes, arguing “if the prosecution could directly link Mr. or Mrs. Crumbley to the mass shooting, they would be prosecuted for first-degree murder.”

“However,” Smith added, “because the prosecution cannot support such a claim, they are left attempting to fit a square peg into a round hole.”

The Oakland County Prosecutor's Office disagrees, arguing that the Crumbleys, more than anyone else, could have prevented the shooting had they paid attention to their son's mental health, alleging the boy was spiraling out of control but got no help from his parents.

Instead of getting their son medical help, prosecutors said, they bought him a gun. Moreover, they argue, the Crumbleys never let the school know that their son had access to a gun on the day they were summoned to the counselor's office over their son's troubling behavior: He had drawn a picture of a gun and blood on a math worksheet, along with the words: "The thoughts won't stop, help me."

The Crumbleys went back to their jobs that morning. Ethan Crumbley returned to class. Two hours later, he emerged from a bathroom and opened fire.

As Oakland County Prosecutor Karen McDonald said two days after the shooting: "While the shooter was the one who entered the high school and pulled the trigger, there (were) other individuals who contributed to the events on Nov. 30, and it’s my intention to hold them accountable as well.”

'My parents won’t listen to me about help'

She was referring to the Crumbley parents, adding: “it’s imperative we prevent this from happening again.”

After the shooting, police discovered a journal in Ethan Crumbley’s backpack. In it, he detailed his plans to shoot up his school, writing, among other things:

“The first victim has to be a pretty girl with a future so she can suffer like me,’ and, “I will kill everyone I f------ see”

“I have fully mentally lost it after years of fighting with my dark side. My parents won’t listen to me about help or a therapist.”

More: Ethan Crumbley's former neighbor opens up: He ‘didn’t have a prayer as a child’

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In the journal, he also apologized to his parents for what he was about to do:

“I’m sorry for this, Mom and Dad. I’m not trying to hurt you by doing this. I have to do this … I love you, Mom. I love you, Dad. I’m sorry for never saying it back.”

In his final entry, he wrote in large, bold letters: “Forgive me.”

The Crumbleys say they never knew of the journal's entries until after the shooting. A police officer read their son's words in court. The parents hung their heads and cried.Contact Tresa Baldas: tbaldas@freepress.com

This article originally appeared on Detroit Free Press: James, Jennifer Crumbley appeal to Michigan Supreme Court