S TAT E OF MICHIGAN

IN THE COURT FOR THE 52-3 JUDICIAL DISTRICT

THE PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff, Case No. 21-006651 FY

Case No. 21-006652 FY
Hon. Julie Nicholson
V

J A M E S C R U M B L E Y,
J E N N I F E R C R U M B L E Y,

Defendants.

KAREN D. McDonald (P59083) SHANNON M. SMITH (P68683)

Oakland County Prosecuting Attorney MARIELL LEHMAN (P74760)
Assistant Prosecuting Attorney Attorneys for Defendants
Macomb County Prosecutor’s Office Smith Lehman, PC
1S. Main Street 1668 South Telegraph Road, Suite 200
Mt. Clemens, MI 48043 Bloomfield Hills, MI 48302
(586) 469-5350 (248) 636-2595

NOTICE OF HEARING

PLEASE TAKE NOTICE that Defendants’ Motion is scheduled to be heard on Friday,

January 7, 2022 at 1:15 p.m. Both Defendants request the Court to conduct the hearing by Zoom
and will consent to the same on the record, should the Court allow aZoom hearing.

DEFENDANTS’ C O N S O L I D AT E D MOTION AND BRIEF TO MODIFY BOND

NOW COME the Defendants, JAMES CRUMBLEY and JENNIFER CRUMBLEY, by

and through their attorneys. Shannon Smith and Mariell Lehman, and state for their Motion as

follows:

1. Both Defendants are charged with four counts of involuntary manslaughter contrary to

MCL 750.321.
 2. Mr. and Mrs. Crumbley are the parents of 15-year-old Ethan Crumbley, who committed

aschool shooting on November 30, 2021 at Oxford High School, leaving four dead, and several

others injured.

3. Ethan Crumbley was charged as an adult in aseparate case number with premeditated

murder, terrorism, and numerous other criminal offenses.

4. At this time, based on representations from the Oakland County Prosecutor, the

prosecution itself does not have all of the discovery in this matter and the investigation is not

complete, despite the fact that they have already charged Mr. and Mrs. Crumbley with very serious

offenses. To date. Undersigned Counsels have received approximately 500 pages of material. At

the probable cause conference, the prosecution indicated that the 500 pages was approximately

half of what their office has received, and that they have received only approximately one third of

the total discovery. The prosecution represented there are hours and hours of surveillance footage.

over 175 calls to 911, and other discovery materials that is yet to be provided.

4. The theory under which the prosecution has charged Mr. and Mrs. Crumbley of

involuntary manslaughter is anovel and unprecedented theory. In an article that appeared on NPR

on December 18, 2021, Prosecutor McDonald confirmed this sentiment in aquote as follows:

Iabsolutely acknowledge that it hasn’t been done before, though Ididn’t

know that at the time...” and “...I did receive pushback, but prosecutors
don’t like to do things for the first time, and they also don’t like to do things
that might result in a‘not guilty.
5. The specific charges in this instant case are based on two theories according to the

Complaint filed against the parents: (1) First, that Mr. and Mrs. Crumbley acted in agrossly

negligent manner regarding storage of the firearm and its ammunition so as to allow access to the

’Wood, P. (2021, December 18). Prosecutor says she received 'pushback' after charging parents over Michigan
shooting. NPR. Retrieved December 20, 2021, from https://www.npr.org/2021/12/18/1064856398/oxford-school-
shooting-parents-michigan-crumbley-charged?ft=nprml&f= 1064856398

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firearm and ammunition by their minor child; or, (2) Second, that they were grossly negligent by

failing to exercise alegal duty. Specifically, the prosecution asserts the parents failed to exercise

reasonable care to control their child so as to prevent him from intentionally harming others or

from conducting himself so as to create an umeasonable risk of bodily harm to others knowing

that they have the ability to control their child and knowing of the necessity and opportunity to do

s o .

6. To prevail at trial, the prosecution will have to prove that the Crumbleys were grossly

negligent. The Michigan Criminal Jur>' Instruction defining gross negligence explains;

(1) Gross negligence means more than carelessness. It means willfully

disregarding the results to others that might follow from an act or failure to
act. In order to find that the defendant was grossly negligent, you must find
each of the following three things beyond areasonable doubt:

(2) First, that the defendant knew of the danger to another, that is, [he /
she] knew there was asituation that required [him /her] to take ordinary
care to avoid injuring another.

(3) Second, that the defendant could have avoided injuring another by
using ordinary care.

(4) Third, that the defendant failed to use ordinary care to prevent injuring
another when, to areasonable person, it must have been apparent that the
result was likely to be serious injury.

MCrim JI 16.18

In this instant case, the prosecution will not be able to prove that the Crumbleys willfully

disregarded any fact or circumstance that caused harm to another, that they knew their son was a

danger to other students, or that they knew there was asituation that required them to take care to

avoid injuring another. The Crumbleys, like every parent and community member, are devastated

by the school shooting on November 30, 2021. The last thing they expected was that aschool

shooting would take place, or that their son would be responsible. This situation is entirely

devastating. When Mrs. Crumbley texted Ethan, “Don’t do it,” aquote the prosecution has
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repeated in the media many times, the shootings had already happened, Mr. Crumbley had

determined the gun was missing and had notified authorities, and Mrs. Crumbley was texting her

son to tell him not to kill himself.

7. The investigation in this matter continues and even the prosecution has changed its

claims over time regarding the facts of the case through the many interviews and media

appearances by the prosecutor. For example, Karen McDonald stated the following during apress

conference on December 3, 2021: “Further investigation revealed...the gun was stored unlocked

in adrawer in James and Jennifer’s bedroom.”^

Within afew days, in an interview with Good Morning America, Ms. McDonald was asked

if the gun had actually been loeked. Her response was as follows: “No, I’m not positive because

these are just allegations, but the evidenee shows at this point that he does have free aceess to that
” 3
weapon...

8. The Preliminary Examination in this matter is set to begin on February 8, 2022 and both

Defendants have been incarcerated since their arrest in the early morning hours of Deeember 4,

2021.

9. Bond was set by this Court at $500,000.00 cash or surety. Upon release, this Court

ordered eonditions ineluding that both Defendants would be monitored by GPS tethers.

^Howard, P. W. (2021, December 3). Oakland County prosecutor Karen McDonald goes off script during Oxford
News Conference. Detroit Free Press. Retrieved December 20, 2021, from
https://www.freep.eom/story/news/Iocal/michigan/oakland/2021/12/03/oxford-high-school-shooting-oakland-
county-prosecutor-karen-mcdonald/8854395002/

^GoodMorningAmerica.(2021,December6).Michiganprosecutortalkscaseagainstallegedschoolshooter,
parents. Good Morning America. Retrieved December 14, 2021, from
https://www.goodmorningamerica.com/news/video/michigan-prosecutor-talks-case-alleged-school-shooter-parents-
81580175 (at 2:02-2:14)

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 10. The Court considered the bond factors at the initial arraignment, however, pursuant to

MCR 6.106(F)(l)(a)-(i), granting Defendants bond is appropriate for the following reasons:

a. Neither Mr. Crumbley nor Mrs. Crumbley have any criminal record for any type of
assaultive offenses or any felonies (any misdemeanor criminal history is from over 15-
20 years ago),

b. Both Undersigned Attorneys called and left messages for Prosecutor McDonald
regarding the Crumbleys on December 3,2021. Instead of calling back, Ms. McDonald
announced charges at apress conference knowing Attorney Smith was in trial that day,
and Attorney Lehman was flying home from Florida. Undersigned Counsels were not
made aware that the Court had set a4:00 p.m. amaignment time, although Smith
Lehman, PC fded Appearances for both clients on the afternoon of December 3, 2021.
Although the Crumbleys were arrested in the early morning hours of December 4,2021,
the Crumbleys had planned to turn themselves into the Novi District Court because the

52-1 District Court was handling weekend arraignments. Specifically, Mr. and Mrs.
Crumbley and planned to meet the attorneys at 7:30 a.m. for the 8:30 a.m. turn in.
Prosecutor McDonald never returned either attorneys’ phone calls, and instead
launched the fugitive apprehension team, law enforcement, and the US Marshals. It
should be noted that the Crumbleys would not have retained Undersigned Counsels if
their plans were to flee,
c. Neither Mr. nor Mrs. Crumbley have ahistory of substance abuse or addiction,
although Mr. Crumbley does use marijuana to assist with physical pain issues,
d. Both Mr. and Mrs. Crumbley are stable and have no history of having mental
conditions, and have no reputation for dangerousness. The discovery received so far
confirms this, and also confirms that the overwhelming majority of witnesses agree no
person had reason to believe Ethan Crumbley was adanger,
e. As stated above, this case is obviously very serious. Because it is anovel case in

Michigan to charge parents with involuntaiy manslaughter for aschool shooting

committed by their child, this case will present legal issues that are unprecedented. The
defense does not believe the prosecution can meet its burden to prove gross negligence
and the charges lodged against the Crumbleys are not appropriate. It is clear from the
media appearances by Ms. McDonald that this case is one she takes very personally.

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 was filed out of anger, and filed in an effort to send amessage to gun owners.'*
f Both parents were employed prior to this case, however, they do not have funds to each
pay $500,000.00 bonds to be released from jail pending trial.
g- There are members of the community who would vouch for both Mr. and Mrs.
Crumbley, however, due to the overwhelming media attention, those in support of Mr.
and Mrs. Crumbley wish to remain anonymous for their own safety. Information
regarding supporters can be provided privately to the prosecution and the Court.
h. Both Mr. and Mrs. Crumbley have long standing ties to the community as they own a
home in Oxford and have lived and worked in the area for years. They have owned
their current home since 2015, and prior to living in Oxford, they were residents of
Lake Orion.

1.
With respect to any other facts bearing on the danger to the public, it should be noted
that there is no threat of danger to the public by Mr. and Mrs. Crumbley. At this time,
Ethan Crumbley will remain in the Oakland County Jail and will not be in the custody
of his parents. All guns, including BB guns, have been seized from the Crumbleys’
home. There are anumber of facts that will need to be litigated throughout this case,
but the Crumbleys did have the gun at issue in alocked and hidden location; they did
not know Ethan was athreat to anyone; and they certainly did not anticipate or cause
the tragedy that unfolded at Oxford High School.

11 Further, both Defendants agree to not have any contact with witnesses in this case,

would remain compliant on GPS tethers, and live at alocation that will be privately communicated

to the Court and the prosecution.

12. The Eighth Amendment to the United States Constitution and Article 1, Section 16 of

the Michigan Constitution provide that excessive bail shall not be required. U.S. Const, Am VIII;

See Howard, P. W. (2021, December 6). Oakland County prosecutor Karen McDonald goes off script during
Oxford News Conference. Detroit Free Press. Retrieved December 20, 2021, from
https://www.tfeep.eom/story/news/local/michigan/oakland/202l/12/03/oxford-high-school-shooting-oakland-
county-prosecutor-karen-mcdonald/8854395002/

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 Const. Const. 1963, Art. 1, §16. Based on the following, there are additional circumstances in this

case since the initial arraignments; (1) the defense needs the outstanding discovery that the

prosecution does not even have yet; (2) even the prosecution is changing its understanding of the

facts in this case and has recognized that the Crumbleys may be found “not guilty”; (3) the case

presents unique and novel legal arguments that are likely to create delays to properly research,

brief, and argue before the Court; and, (4) based on the bond factors, the Crumbleys do not create

arisk to public safety and they are not aflight risk, particularly with GPS tethers.

13. Setting bail is appropriate considering the circumstances in the instant case for the

reasons stated above. At this time, the Crumbleys ask this Court to reduce the amount on the bond

from $500,000.00 cash/surety to $100,000.00 cash/surety.

WHEREFORE, for the reasons stated above, Defendant ask this Honorable Court to set

reasonable bonds on this matter in light of the new circumstances of this case, and allow

Defendants to be released on GPS tethers.

Respectfully submitted:

Dated:. 12/2Z/?/
SHANNON M. SMITH

Attorney forTJefehdajtS-.
r

Dated: I ^ ^ U

mar4ell lehm^
Attorney for Defendants
PROOF OF SFRVirF,

On the .22 dav of Vecembtr .2021^^

undersignedcertifiesthatacopyoftheforegoingwas
served upon all parties of record by:

■■ First-class mail with postage fully prepaidj

Certified mail/return receipt requested;
Overnight mail;
X..Handdeliveryattheirrespectiveaddresses;
Faxtransmissiontotheirrespectivefaxnumbers;
XOther means: ±:rmn-k Marirei^ha

Affiant ^
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