James Crumbley Trial: Previous owner of gun used in Oxford school shooting can testify, judge rules

Judge: Former owner of Oxford shooting weapon can testify

The Oakland County circuit judge who will oversee the trial of James Crumbley said she would allow the former owner of the weapon used in the Oxford High School shooting to testify. Attorneys argued over the relevance of having testimony from that individual and two students who were victims of the shooting during a hearing Wednesday.

PONTIAC, Mich. (FOX 2) - The judge expected to oversee James Crumbley's involuntary manslaughter trial elected to allow the former owner of the weapon used in the Oxford High School shooting to testify during the defendant's upcoming trial.

The prosecution sought to allow two victims of the shooting as witnesses as well, arguing Wednesday during a motion hearing they were relevant to proving their case and offered elements that video footage of the incident could not. The defense refuted the relevance, adding descriptions of the shooting would inflame the passions of the jury during the trial.

Judge Cheryl Matthews will make a decision on their testimony at a later point.

The witness list isn't the only outstanding issue that must be resolved before jury selection, which is scheduled for March 5. Crumbley also argued through his attorney that a change of venue was needed in order to have a fair trial.

His wife, Jennifer Crumbley, was convicted by a jury of four counts of involuntary manslaughter earlier this month. The highly-publicized trial was a national story and could make it tough to find an impartial jury based on the coverage, his defense attorney Mariell Lehman said.

"They have been clearly convicted in the court of public opinion," she wrote in a court filing.

The issue didn't come up during Wednesday's hearing.

It is unusual in Michigan to change the location of a trial or to bring in jurors from another county.

Unless Matthews, the same judge who presided over Jennifer's case, approves the change of venue request, his jury will be selected from a pool of county residents.

James has been accused of buying the gun his then-15-year-old son used in the shooting that left four teens dead. His son is now in prison after pleading guilty to all charges against him and being sentenced to life without parole.

If Jennifer hadn't been convicted, James might have been offered a plea deal. With her conviction, a plea deal chance is likely gone.

New witnesses

The former owner of the 9mm Sig Sauer is among the new individuals who have agreed to testify in James Crumbley's trial. He bought the gun and used it three times before selling it back to the gun shop where Crumbley later purchased the gun.

Because the defendant made the physical purchase of the gun later used by his son to murder four students and injure several others, its condition could fill a larger role during the trial than it did during Jennifer Crumbley's trial.

Part of the reason is the cable lock that came with the gun was never used by the gun's original owner before reselling it. How it was used by the Crumbley family will be important evidence for the jury.

The jurors that convicted Jennifer Crumbley said her knowledge of the weapon and how it was stored were among key reasons why they found her guilty.

The two students that Oakland County Assistant Prosecutor Marc Keast is requesting to also be on the witness list did not testify during the first trial. They can speak to the shooter's actions in the moments leading up to when he fired the gun.

Lehman said their testimony wasn't relevant to the case because it's the shooter's father that's on trial. Any descriptions of the incident could have an emotional influence on the jurors that would be unfair to James Crumbley, she argued.

A judge will make a decision at a later date.

What did Jennifer Crumbley’s trial tell us about James?

During Jennifer Crumbley’s testimony, she repeatedly stated that she didn’t care for handling guns and that she would leave her husband in charge of securing the firearm they had in the house.

His role in making a weapon available to the school shooter may be more heavily scrutinized.

It’s not known yet if James Crumbley will testify as did Jennifer.

In terms of the outcome, "Any time you separate defendants, the second party to go is paying very close, close attention to the outcome," Jamie White, a trial attorney in Michigan, told LiveNOW from FOX.

A verdict was reached in Jennifer Crumbley's trial on Feb. 6, after about a day and a half of jury deliberations. They found her guilty on four counts of involuntary manslaughter.

"As far as strategy is concerned, if I'm Mr. Crumbley's lawyer - I'm on the phone tomorrow, trying to work out the best deal I can for him because I think the tone has been set as to how this community aligns this behavior, or lack of behavior," White said after the verdict was reached. "The stage has been set for him and if I am his attorney I am taking the risk away and trying to get the best deal possible."

The Associated Press contributed to this report.