Former U.S. Assistant Attorney Andy McCarthy offered an ominous warning following the sentencing of school shooter Ethan Crumbley’s parents.
A judge sentenced Jennifer and James Crumbley to between 10 and 15 years in prison in regards to their son fatally shooting four students at Oxford High School in November 2021, NBC News reported. The Crumbleys reportedly became the first parents in history to be prosecuted and held liable over a shooting conducted by their child.
McCarthy argued the prosecution made up a crime in this case since the Michigan legislature failed to pass a law prohibiting parents from negligently allowing their children to use firearms.
“It’s completely unprecedented, Sandra [Smith], and your heart breaks for the parents of the children who were killed here. But you have to remember, that the person who actually did the shooting got treated as an adult and was sentenced to life in prison, so it’s not like the system didn’t carry out law enforcement against the person who actually did this. It’s unprecedented to hold the parents accountable to something that they obviously didn’t, you know, plan, agree to, participate in. I frankly just don’t think that this is what the criminal justice system is for. I think the criminal justice system mainly should be reserved for intentional wrongs.”
“And I think it’s more troubling here because Michigan actually attempted to, or proposed passing child access prevention laws which would prevent, which would make it a crime for their parent’s to negligently allow their children to have access to firearms, and the legislature wouldn’t pass that. So what happened here is the prosecutor made up a crime on the fly that the legislature had not opted to pass.”
He then warned this case could set a precedent in future cases, allowing more individuals who did not commit the crime or carry any intent for the action to occur could be held liable and convicted. (RELATED: Jury Convicts Father Of Michigan School Shooter Ethan Crumbley For Involuntary Manslaughter)
“Yeah, it’s a Pandora’s Box,” he continued. “You’re extending the criminal law to people who did not actually commit the crimes. There’s hostility, obviously, because there’s a firearm involved, but no one is alleging that the firearm is illegal. There are things that a legislature could have done here to criminalize aspects of this. They opted not to do that. So if you’re gonna have a system where you no longer have to be actually a participant intentionally in a wrong for the criminal law to apply to you, and the prosecutor gets to make up the law as the prosecutor goes along without the legislature actually prescribing the laws, then, you know, all bets are off.”
“And this time it’s a gun. Maybe next time it’s a parent who buys his kid a car,” he added. “You know, or some other thing that’s legal but could be dangerous if used irresponsibly. So who knows where this goes.”
McCarthy said the Crumbleys should have been “sued civilly” rather than criminally tried since the prosecution could not prove any ill intent.
The prosecution argued the Crumbleys were willfully negligent regarding their son’s behavior and warning signs and that James’ purchase of the gun made the couple complicit, The New York Times reported. The couple apologized to the families of the victims’ for their son’s actions during their sentencing, according to CNN.
“I sit here today to express my deepest sorrows for the families of Hana, Tate, Madisyn, Justin and to all those affected on November 30, 2021,” Jennifer Crumbley reportedly said.
“I want to say I can’t imagine the pain and agony … for the families that have lost their children and what they are experiencing and what they are going through,” James Crumbley said in his statement, the outlet reported. “As a parent, our biggest fear is losing our child or our children, and to lose a child is unimaginable. My heart is really broken for everybody involved.”
Their son was sentenced to life in prison without the possibility of parole in December.