Description: Pontiac, Michigan criminal defense lawyers represented the Defendant charged with involuntary manslaughter.

Defendants James and Jennifer Crumbley are the parents of EC, who shot and killed four
fellow students and injured many others at Oxford High School on November 30, 2021. EC pled
guilty to four charges of first-degree murder. In these proceedings, the state has charged
defendants with four counts of involuntary manslaughter related to those same deaths. At the
conclusion of the preliminary examination, the district court concluded that there was sufficient
evidence presented against defendants on these charges, including sufficient evidence of causation,
and bound them over for trial. In a written opinion, the circuit court subsequently agreed and
denied defendants’ motion to quash the charges. This Court denied defendants’ applications for
leave to appeal that decision,1 but the Supreme Court remanded the case back to us to consider
“whether there was sufficient evidence of causation to bind the defendant[s] over for trial on the
charges of involuntary manslaughter.” People v James Crumbley, ___ Mich ___; 981 NW2d 468
(2022); People v Jennifer Crumbley, ___ Mich ___; 981 NW2d 470 (2022). We affirm.

Defendants, a married couple, lived together in Oxford with EC, who was 15 years old at
the time of the murders. Jennifer worked full-time in the marketing department of a real estate
company, while James worked for DoorDash, a food delivery company.
Although it is unclear from the record exactly when evidence of his problems first arose,
the record is clear that by early 2021 EC began verbalizing situations he was experiencing that
reflected instability in his mental health. For example, in March of that year, EC sent a series of
text messages to Jennifer explaining his desire for Jennifer to come home, sending messages in
close temporal proximity describing his self-described paranoia that someone was in the house
with him: “[T]here’s someone in the house, I think,” “someone walked into the bathroom and
flushed the toilet and left the light on,” “[a]nd I thought it was you, but when I came out there was
no one home,” “[t]here is no one in the house, though,” and “[d]ude, my door just slammed.”
About 10 minutes later, when Jennifer had not responded, EC sent another two text messages,
stating, “maybe it’s just my paranoia,” and asking, “but when are you going to be home[?]”
Jennifer did not respond until the next morning. According to defendants’ cell phone records,
neither defendant called EC that night.

About one week later, EC sent additional text messages to Jennifer, this time reflecting his
belief that a demon was in the house, that it was throwing objects inside the house, and that he had
taken a picture of it: “[O]kay, the house is now haunted,” “some weird shit just happens and now
I’m scared,” “I got some videos,” “and a picture of the demon,” “IT IS THROWING BOWLS,”
“I’m not joking[, i]t f***ed up the kitchen,” and “I’m just going to be an outsider for a while[.]”
When Jennifer did not respond quickly enough, EC wrote, “can you at least text back[?]” Jennifer
did not text back at any time that day, and her cell phone contained photographs showing she was
taking pictures of James and herself riding horses at the time the messages were sent.

Approximately two days later, Jennifer messaged James about how EC was doing, and
James responded that “he woke up looking like he had WAY too much to drink last night
complaining about a headache.” Jennifer was not surprised by EC’s state, telling James, “well,
[EC] was really worked up and out of control, so I can see why.” Jennifer sent another message:
“All I know is he needs to eat, go to work and work hard and not complain and he can get his stuff
back.” James then relayed something EC apparently said that morning: “He said, ‘let me ask you
a question. Why am I in your guys’ room,’ [laughing out loud (LOL)].” Jennifer responded, “[Oh
my god (OMG)],” and James said, “I totally thought you were giving him Xanax last night.”
Jennifer stated she gave EC melatonin, a natural sleep aid.

EC continued to experience hallucination-type events, for just two days later, on March 20,
EC sent Jennifer several text messages in quick succession: “I cleaned until the clothes started
flying off the shelf,” “this stuff only happens when I’m home alone,” and “I picked the clothes
back up, though.” Once again, Jennifer was at the barn when those messages were sent and she
did not respond.

The most prolific text message conversations were between EC and his best friend.3 Just
after midnight on April 5, 2021, EC sent text messages to his friend telling him he was “going to
ask my parents to go to the doctor’s tomorrow or Tuesday again,” “but this time I’m going to tell
them about the voices,” and “I only told them about the people I saw.” Amongst other things, EC
told his friend that he had researched his symptoms and believed he was having a mental
breakdown.

True to his word, EC informed his friend that he had asked his parents for medical help but
that James refused the request, instead giving him some pills and telling him to “suck it up.”
Jennifer, according to EC, laughed at the request because she did not believe he had any mental
health issues, but was instead using drugs. This made EC “feel like shit,” such that he considered
calling 911 so someone would take him to the hospital where he could get help. EC decided not
to do so, he said, because defendants would be angry with him.

Communications between EC and his friend were about more than just mental health issues
and problems with defendants. While many of the messages contained normal teenage banter,
others involved conversations about wanting guns and making plans to buy them. For instance,
three months before the shooting, EC sent his friend an 11-second video showing him loading a
magazine into a .22-caliber Kel-Tec handgun registered to James. EC’s friend responded, “niiice,”
and then wrote, “now, pull the trigger, [just kidding (JK)] JK JK JK.” EC responded that: “My
dad left it out, so I thought, ‘why not?’ LOL,” and “[I know (IK)] . . . [g]un safety, so it’s no
problem.” EC then said, “now it’s time to shoot up the school,” and “JKJKJKJKJK.”

By October 2021, seven months after the first message in evidence on the topic, EC and
his friend were still discussing EC’s belief that he was having a mental breakdown. Defendants’
text conversations during the same time period showed no indication that they considered finding
some help for EC. Near the end of October, EC’s conversations with his friend via text message
stopped. Then the Crumbley family dog and one of EC’s grandparents, died. Jennifer told Kira
Pennock4 she believed EC was having a hard time because he lost his only friend, his dog, and a
grandparent all in quick succession. According to Pennock, Jennifer did not speak about EC often,
but when she did, she described him as “weird” and said he had no friends. Amanda Holland, one
of Jennifer’s co-workers, testified that Jennifer described EC as “quiet” and brought up concerns
about him feeling lonely after his friend moved away. Jennifer did not speak to either of them
about getting help for EC.

EC also kept a journal.5 The journal referenced his friend, contained a drawing of a
decapitated bird, depicted a demon, and discussed various other issues in EC’s life. Every one of
the 21 pages of written material had reference to plans to commit a school shooting. In one entry,
for example, EC wrote, “I will cause the biggest school shooting in Michigan’s history,” and, “I
will kill everyone I f**king see.” EC also described a specific plan, explaining “the first victim
has to be [a] pretty girl with a future so she can suffer like me.” That same page contained a
drawing of a girl being shot in the back of her head. EC partially blamed defendants in the journal,
writing: “I have fully mentally lost it after years of fighting with my dark side. My parents won’t
listen to me about help or a therapist,” and, “I have zero help for my mental problems and it’s
causing me to shoot up the f**king school.”

On November 26, James and EC went to a gun shop because James wanted to purchase a
nine-millimeter SIG Sauer handgun. To make this purchase, James provided his identification,
filled out and signed the required form, and waited for completion of the background check. The
form James signed indicated that purchasing a gun for someone else was illegal. When the
background check cleared, James purchased the SIG Sauer, which was given to him in a case
containing a cable lock, a trigger lock, an ATF Youth Handgun Notice Act pamphlet, and extra
magazines of ammunition.6

Later that same day, EC posted two photographs and a video on his Instagram account.
Both photographs were of the SIG Sauer, and the video showed EC holding the gun. In the
background of the video, the gun case, ATF pamphlet, and unopened gun lock are visible. The
caption on EC’s Instagram post stated: “Just got my new beauty today, [heart-eyes emoji]. SIG
Sauer 9-millimeter. Ask any questions, I will answer.”

The next day Jennifer took EC to a shooting range. Upon arrival, Jennifer purchased 30
minutes of range time, paper targets, and two boxes of nine-millimeter ammunition. A surveillance
video from the range showed Jennifer and EC firing the gun. EC went first, and then he showed
Jennifer how to load the gun and helped her shoot it. Afterward, EC took the gun apart, put it back
inside the case, grabbed the used paper targets, took the leftover ammunition, and left with
Jennifer.

Later that day, EC posted on his Instagram account a photograph of the target with bullet
holes through it and with a caption stating: “Took my new SIG out to the range today. Definitely
need to get used to the new sites [sic], LOL.” Jennifer posted photographs of the paper target and
the gun in its case on her own Instagram account, captioning her post with: “Mom and son day,
testing out his new X-mas present. My first time shooting a 9-millimeter. I hit the bullseye.”
Although there was no way to verify whether defendants saw EC’s Instagram posts, their cell
phone records showed they did follow his Instagram account.

In the early morning hours of Monday, November 29, Jennifer performed an internet
search on treatment options for clinical depression. Later that morning, EC was back at school.
While in class, a teacher saw him looking at handgun ammunition on his cell phone. The teacher
informed Mr. Ejack, Dean of Students, who forwarded the message to EC’s school counselor,
Shawn Hopkins, and another school official. Hopkins and the official met with EC that day and
asked him about his cell phone activity. EC explained he was looking at ammunition because
shooting guns was a hobby, and he had just gone to the shooting range with Jennifer and wanted
to look up different bullets. Although EC was “[c]ompliant, calm, [and] understanding” during
the meeting, and acknowledged researching ammunition was not a proper classroom activity, a
school official attempted to contact Jennifer about the incident, leaving a voicemail explaining that
“guns may be a hobby and there’s nothing wrong with that,” but that it was improper classroom
activity. The official did not request Jennifer call back, and she did not do so.

After receiving the voicemail message, Jennifer began a text message conversation with
EC that same morning. Jennifer wrote: “Seriously? Looking up bullets in school??” EC
responded almost immediately and sent a string of messages in quick succession: “What?” “Oh
yeah. I already went to the office for that.” “It was in first hour. All I did was look up a certain
caliber at the end of class because I was curious.” “It was on my phone. Completely harmless.
The teachers just have no privacy.” “They said I’m all good. I understand why I [sic] they talked
to me and they said that they that is am good [sic],” and “[t]his is nothing I should get in trouble
about.” Jennifer wrote back, telling EC that he was not in trouble, that she just wanted to inform
him the school left her a voicemail and then added, “did you at least show them a pic of your new
gun?” EC followed up with another string of text messages to Jennifer: “No, I didn’t show them
the pic, my God.” “I only told them I went to the range with you on Saturday. It was a harmless
act,” and “I have this bullet cartridge in my room that I didn’t [know] what kind of bullet it was
and it said it was a .22, so at the end of first hour I just looked up different types of .22 bullets, and
I guess the teachers can’t get their eyes off my screen, [shaking my head (SMH)].” Jennifer
responded by writing: “LOL. I’m not mad. You have to learn not to get caught.” EC texted, “IK
LOL,” with laughing emojis, asked to listen to the voicemail, and explained that he was not trying
to hide his cell phone but did not know a teacher was looking. Jennifer told EC she saved the
voicemail and then spoke briefly to a co-worker about the voicemail. According to the co-worker,
Jennifer did not seem concerned about the message.

On the morning of November 30, Jennifer went to work, James went to the barn to check
on a sick horse, and EC went to school. In EC’s backpack was the SIG Sauer handgun and his
journal.7 While in English class, EC was caught watching a shooting video on his cell phone,
which the teacher reported to Ejack. Ejack forwarded the message to Hopkins at 8:30 a.m. By
the time Hopkins saw the e-mail at 8:50 a.m., EC had switched to math class. At about the same
time, another message was delivered to Ejack from EC’s math teacher, who had photographed
EC’s handwriting and drawings on a math worksheet and attached it to the message:

After Ejack went to Hopkins’s office to discuss the math worksheet, Hopkins went to EC’s
classroom, grabbed the worksheet (which EC had already attempted to modify) off the desk, and
walked EC to the office. The modifications EC made to the original worksheet were significant.
As for redactions, EC scribbled out the gun (which closely resembled the SIG Sauer), the person
bleeding from bullet holes, and the phrases “Help me,” “My life is useless,” “the world is dead,”
and “Blood everywhere.” Added to the worksheet were statements that “I love my life so much,”
“Harmless act,” “Were all friends here,” “OHS Rocks!” and “Video game this is.” The modified
worksheet provided a more complete picture of how EC tried to cover up what he initially wrote
and drew:

When questioned by Hopkins, EC said the video was of someone playing a video game,
not an actual event, and that he enjoyed video games and was considering designing them as a
career. Hopkins then asked EC about the math worksheet, which EC said was a drawing about a
video game. After Hopkins asked EC about the statement that “my life is useless,” EC’s demeanor
changed. According to Hopkins, EC became sad and started discussing his various troubles in life,
specifically mentioning his friend moving away, difficulty dealing with the restrictions put in place
to address the COVID-19 pandemic, and his dog and grandparent dying. EC also mentioned that
he argued with his parents the night before regarding his grades.

Noting a concern about EC’s mental health, and particularly suicidal ideation, Hopkins
performed a “risk assessment” related to EC. Hopkins then left a voicemail message for Jennifer
and called James, who also did not answer. Jennifer eventually returned the call and was asked to
come to school to discuss EC’s situation. Hopkins forwarded Jennifer photographs of the math
worksheet (before and after modification) while they were speaking. Jennifer informed Hopkins
that she would contact James to see who would come to school. In the meantime, Hopkins waited
with EC.

Soon after the phone call, Jennifer attempted to contact James via Facebook Messenger,
stating at 9:33 a.m.: “Call NOW. Emergency.” In the following message, Jennifer attached both
math sheet photographs. James responded at 9:44 a.m., “my God, WTF.” Immediately afterward,
James informed Jennifer that the veterinarian still had not visited Pennock’s farm to see their ill
horse. Jennifer stated she thought EC was distraught about the night before and asked James to
call her because she was driving to the school. Jennifer and James spoke on their cell phones for
about seven minutes before both arrived at the school.

When defendants walked into Hopkins’s office, they did not greet, touch, or hug EC, which
Hopkins called “bizarre.” Hopkins informed defendants about the video EC had been watching
during his first hour class (he had already sent Jennifer both versions of the math worksheet), told
defendants he was concerned about EC’s mental health, provided them with mental health
resources, and recommended they immediately take EC to a doctor or therapist that day. Jennifer
objected to that suggestion, opining that getting EC care on that day was impossible because she
and James had to return to work.8 James did not disagree with Jennifer’s statement. Despite his
surprise9 at that decision, Hopkins insisted that EC get medical attention within 48 hours. Because
there was no disciplinary issue requiring EC to leave school, the decision was made for EC to
remain at school. Hopkins believed it was good that EC would not be alone, considering the
concerns about suicidal ideation.

During the nearly 15-minute meeting, Jennifer did not speak to EC. James, on the other
hand, expressed to EC that he had people with whom he could talk, including defendants, and
encouraged EC to write in his journal. Hopkins testified that Jennifer abruptly asked if the meeting
was done, and Hopkins checked with Ejack before everyone left. On their way out, neither
defendant hugged or said goodbye to EC. Hopkins, though, told EC, “I just want you to know, I
care about you,” because he did not believe EC was getting parental support. Hopkins doubted
whether defendants planned to get EC help, so he planned to meet with EC the next morning to
see how he was doing. Neither Ejack, Hopkins, nor defendants asked to or looked inside EC’s
backpack, which contained his journal and the SIG Sauer.

Surveillance footage showed defendants leaving Oxford High School at 10:54 a.m. and
driving out of the parking lot at 10:56 a.m. Two minutes later, Jennifer contacted Pennock to
discuss a horse-riding lesson scheduled for that evening. Jennifer told Pennock about EC’s issues
at school (and forwarded photographs of both versions of EC’s math worksheet) but said she still
planned to come to the lesson, though with EC. Pennock testified she was alarmed by the violent
drawings and was aware that the Crumbleys owned guns. Pennock recommended equine therapy
for EC, to which Jennifer responded: “Yeah, well, he’ll be coming out with me tonight. James is
working. [EC] can’t be left alone.” Pennock asked if EC would want to ride a horse, to which
Jennifer wrote, “[m]aybe brush a small horse so he’s not intimidated, LOL.”

While Jennifer messaged Pennock, James logged onto DoorDash and accepted his first
delivery job at 11:00 a.m., just four minutes after driving out of the school parking lot. Jennifer
returned to work, where she spoke with co-workers about the school meeting. Jennifer reiterated
her concerns about EC being lonely, given recent events in his life, and showed both of them EC’s
math worksheet. Jennifer said she felt like a failure as a parent, agreed with the assessment that
the drawings were disturbing and that EC needed counseling, and reiterated that she felt like a
failure as a parent. One co-worker, however, also sensed that Jennifer was being sarcastic
regarding the situation.

At 12:21 p.m., Jennifer sent a text message to EC asking if he was okay, and he responded
he was and had just finished lunch. Jennifer then wrote, “[y]ou know you can talk to us and we
won’t judge,” to which EC responded at 12:42 p.m., “IK thank you. I’m sorry for that. I love
you.” Fewer than 10 minutes after sending that message, EC went into a bathroom with his
backpack, came out with the SIG Sauer, and committed the murders while also injuring six other
students and one teacher. By 12:58 p.m., the shooting was over. Oxford High School sent out
alerts to parents about an active shooter within the school. Jennifer received the information while
at work and started screaming.

Upon receiving the alert, James drove home and unsuccessfully searched for the SIG Sauer
and ammunition. At 1:18 p.m., Jennifer responded to EC’s last text message by writing, “I love
you too,” and asking, “[y]ou ok,? [sic].” Four minutes later Jennifer told EC: “Don’t do it.” James
apparently informed Jennifer of the missing gun and ammunition because she sent the following
text message to a co-worker at 1:23 p.m.: “The gun is gone and so are the bullets.” Jennifer then
called James and, while sounding frantic, said she was attempting to get to the school and
expressed concern that EC was going to commit suicide and that EC “must be the shooter.”
At 1:34 p.m., James called 911 and told the operator his son went to Oxford High School
and James’s gun and ammunition were missing from his home. James relayed information about
the school meeting and expressed concern that EC took the gun and was the school shooter.
Pennock testified that when she heard the news of the school shooting, she immediately thought
EC committed it, given the drawing on his math worksheet and defendants’ gun ownership.
Poliquin came to a similar conclusion, adding that she was aware of Jennifer’s Instagram post
about purchasing a handgun for EC.

On the day of the shooting, police executed a search warrant for defendants’ home. In
defendants’ bedroom, Detective Adam Stoyek found the gun case for the SIG Sauer open on the
bed next to an empty box of nine-millimeter ammunition and a locked gun safe in a dresser drawer
of defendants’ bedroom. The safe had a three-digit combination lock, which was set as “000,” and
contained James’s other two guns. All of the gun locks found in the house were still in their
original packaging. Detective Stoyek did not find any broken locks or a lock with which someone
had tampered. Sergeant Matthew Peschke also participated in executing the search warrant and
searched EC’s room. According to Sergeant Peschke, the paper targets from the gun range were
tacked to the walls. Fired shell casings, an array of folding knives, a notebook containing detailed
drawings of guns, and the feces of a small animal were on top of the nightstand.

Outcome: Defendant was found guilty.

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