James Crumbley trial: Recap of Day 5

PONTIAC, Mich. (FOX 2) - The fate of James Crumbley, father of the Oxford High shooter, is in the hands of a jury after both sides rested and gave closing arguments on Wednesday. 

As expected, prosecutors didn’t call any new witnesses before resting their case Wednesday morning. The defense’s lone witness – James’ sister Karen Crumbley – said there was no reason to believe her nephew was troubled or capable of shooting and killing four of his peers. 

James Crumbley is charged with four counts of involuntary manslaughter, one count for each student killed by his son at Oxford High School on Nov. 30, 2021. A jury found his wife, Jennifer Crumbley, guilty of the same charges in early February. 

Here’s what else happened on Day 5:

Karen Crumbley testifies

Karen Crumbley, James’s sister who lives in Florida, was the only witness the defense called. 

The defense started off with where she lived, then asked about April 2021, when Karen and James' mother died. The death of James' mom was brought up during both his and his wife’s trials.

She testified she never saw or heard anything concerning about James’s son. Had she seen anything that worried her, she would have addressed it, she testified. 

Prosecutor’s closing arguments

Prosecutor Karen McDonald said James Crumbley not only failed his son, he also failed Madiyson Baldwin, Tate Myre, Justin Shilling, and Hana St. Juliana. 

"James Crumbley isn't on trial for what his son did. He's on trial for what he did and didn't do," she said. 

During her closing statement, McDonald talked about how the Crumbleys were found when they were arrested, how the guns were stored in the home, and the training the shooter appeared to have.

She also talked about the blame in the case, referencing an argument from the defense that James Crumbley could be "any of us."

"This is their defense. This could be you if you let your kid drive a car or leave with a sharp object. This couldn't be everybody," she said. "That doesn't create a criminal charge. It couldn't happen simply because you purchase a firearm or buy your kid a car. Beware of the claim this could be you."

During the rebuttal following the defense's closing statements, McDonald said doubt wasn't necessary in the case - but reasonable doubt. The doubt would have to come from any reasonable person using ordinary care in the situation that the defendant was in.

During one moment, she physically locked the murder weapon with the cable lock. "Ten seconds of the easiest, simplest thing," she said.

"If James Crumbley had done anything like the 10-second cable lock or gone home or taken responsibility for his son who was in trouble, those kids wouldn't have been shot in that school on that day," she added.

Defense’s closing arguments 

Defense attorney Mariell Lehman used her closing statement to point to all of the spots in the evidence where reasonable doubt could be inserted.

It's not that the shooter had access to the gun, but that James didn't know that his son had access, the defense attorney said. The charges presented against James and Jennifer Crumbley were based on "assumptions" and "hindsight," she said. 

If the prosecution had evidence that proved otherwise, the jury would have seen it, the defense said. 

What prosecutors must prove

There are two theories that can be considered in order to prove someone is guilty of involuntary manslaughter. Each theory is compiled of elements that the prosecution must convince a jury of in order to find the defendant guilty.

Theory One: Gross negligence in the performance of lawful act

• Defendant caused the death
• In doing the act that caused death, defendant acted in a grossly negligent manner

Theory Two: Gross negligence in failing to perform a legal duty

• Defendant had a legal duty to the victim
• Defendant knew of the facts that gave rise to the duty
• Defendant willfully neglected or refused to perform that duty, and her failure to perform it was grossly negligent to human life
• The death of the victim was directly caused by defendant's failure to perform this duty

What is James Crumbley charged with?

James Crumbley is charged with four counts of involuntary manslaughter, one count for each student killed by his son at Oxford High School on Nov. 30, 2021. 

A jury found his wife, Jennifer Crumbley, guilty of the same charges in early February. She will be sentenced on April 9.

What did James Crumbley do?

James Crumbley is accused of buying his son the gun used to kill four people and injure others. 

His son pleaded guilty to all charges against him and is now in prison. During his plea hearing, he admitted that he gave James the money to buy the gun.

During Jennifer's trial, she testified that the gun was her husband's responsibility; she said she was not comfortable with guns and was not involved in handling or buying it. She also testified that James had hidden the gun before their son took it to school.

The parents are also accused of ignoring concerns about their son's mental health.

Witnesses called by the prosecution during Jennifer's trial described a meeting between the Crumbley parents and school officials the morning of the shooting. The parents were called after violent drawings were discovered on their son's schoolwork. 

During this meeting, a school counselor told the parents to get their son mental health help as soon as possible and recommended that they take him home from school. However, the parents chose not to take him home.

What kind of sentence is James Crumbley facing?

Involuntary manslaughter is punishable by up to 15 years in prison in Michigan. The court does have the discretion to do consecutive sentencing, which, due to the four counts, would be 60 years. However, the maximum he could get will likely be 15 years. 

James Crumbley's trial so far

Read recaps of each day of testimony below:

• Teacher, former Oakland County detective testify 
• Investigators, gun store owner take stand 
• Testimony revolves around guns
• Shooter's journal entries reviewed 

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