Judge to Oxford school shooter Ethan Crumbley: Life without parole still on the table

A judge Tuesday delivered numerous blows to convicted school shooter Ethan Crumbley, the most severe involving the teenager's request that the possibility of life without parole be dismissed.

The judge said no to that, and a lot more.

In separate opinions filed Tuesday, Oakland County Circuit Judge Kwame Rowe denied Crumbley's request to take the life-without-parole condition off the table as he awaits sentencing for murdering four students and injuring seven others in the 2021 mass shooting at Oxford High School.

"The Court finds that defendant's argument is not persuasive and is without merit," Rowe wrote in his two-page opinion, adding he "cannot and will not" dismiss the prosecution's motion for life without parole.

The judge also denied Crumbley's request to keep school eyewitnesses of the shooting from testifying at his upcoming so-called Miller hearing, when the judge will decide wether life without parole is appropriate in this case. The prosecution plans to have 12 students and two staff members testify at that hearing, among others.

How Ethan Crumbley's next hearing will play out

The defense argued their testimony would be irrelevant and overly prejudicial, though the judge disagreed and is letting them testify, noting one of the factors he is required to consider at the Miller hearing involves the circumstances of the homicides.

"Although this case has had significant media attention, this court has not been presented with evidence regarding the circumstances of the homicide ... and cannot rely on media accounts of the event," Rowe wrote. "Therefore, this court must allow the people to call any fact witnesses that can describe the circumstances of the homicide offense."

The judge also denied Crumbley's wish to appear at the Miller hearing in regular street clothes, not his jail garb, noting he has seen Crumbley in jail clothes monthly since January 2022 "and would not be prejudiced seeing (him) in jail clothing again."

The judge also held that a defendant's right to wear street clothing to court applies to trials, not evidentiary hearings.

The prosecution has requested that Crumbley, who pleaded guilty last year to all the charges he was facing, including first-degree murder and terrorism, be sentenced to life without the possibility of parole. Because of his age — 15 at the time of the shooting — he is entitled to a hearing to determine whether that punishment is warranted.

More: Ethan Crumbley is trying to spare himself life without parole

The Miller hearing is scheduled for July 27 and is expected to run two days, possibly three.

The U.S. Supreme Court and Michigan Supreme Court have held that mandatory sentences of life without parole for juveniles are unconstitutional and require the so-called Miller hearing, during which a judge will consider several factors in reaching a decision, including:

• Crumbley's background and mental and emotional development.

• His home life, family environment and character.

• His record while incarcerated.

• The circumstances of the crime, including the extent to which Crumbley was involved and how his family or peer pressure may have played a part.

Paulette Michel Loftin, Crumbley's attorney, plans to cite those factors in arguing for a lighter punishment for her client at the Miller hearing.

"The Miller hearing will give the court, as well as the public, a good inside look into the difficult home life of Mr. Crumbley and what challenges he was facing," Loftin has previously stated to the Free Press. "I believe that the hearing will show that Mr. Crumbley is worthy of an out date, and that there is potential for rehabilitation inside the Michigan Department of Corrections."

His parents are also facing involuntary manslaughter charges in the case as Ethan Crumbley carried out the massacre using a gun his parents bought had bought him as an early Christmas present. Prosecutors say James and Jennifer Crumbley ignored their mentally and emotionally disturbed son, and instead of getting him medical help, they bought him a gun.

The Crumbleys have pleaded not guilty, arguing they had no way of knowing their son would carry out a mass shooting, and that he is solely responsible for the four students' deaths, not them. Their case is pending before the Michigan Supreme Court.

Contact Tresa Baldas: tbaldas@freepress.com

This article originally appeared on Detroit Free Press: Judge: Oxford shooter Ethan Crumbley may get life without parole