Is the Oxford school shooting suspect competent to stand trial? Experts weigh in
DETROIT — As the wheels of justice grind away in the sensational Oxford High School shooting case, defense experts are urging the public to be patient.
It's a high-profile murder case involving a minor charged as an adult, four deaths, parental responsibility, and hundreds of witnesses, social media posts and texts, they say.
The justice system typically moves slowly in even the simplest cases, they note, and this one is far from simple.
"This is a high-profile case. It has the interest of the country. You’ve got four teenagers dead and a number of other kids and a teacher shot," said veteran criminal defense attorney Mike Rataj, who has handled numerous high-profile cases in metro Detroit. "So, certainly the lawyers representing the (alleged) child shooter have their work cut out for them, that’s for sure."
Ethan Crumbley, the 15-year-old charged in the shooting, has a probable cause conference set for Dec. 13. That's when both sides will discuss the case and how to proceed.
The suspect's parents, Jennifer Crumbley, 43, and James Crumbley, 45, are facing involuntary manslaughter charges for their alleged roles in the mass shooting: they bought their son the gun that prosecutors say he used in the shooting as an early Christmas present. They have a probable cause conference set for Dec. 14.
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Gabi Silver, a longtime criminal defense attorney not involved in the cases, said probable cause conferences are held so attorneys and judges can talk about next steps. There also may be discussions about whether there is going to be a psychological defense at that time, Silver said. The defense could seek a competency evaluation during the hearing. Ethan Crumbley faces up to life in prison if convicted on first-degree murder charges.
A competency hearing is used to determine whether the defendant understands the nature of the charges against him or her, and is able to rationally assist his or her attorney in the defense, Silver said.
Rataj believes a competency hearing is the next logical step for the defense.
"I would probably be considering some kind of competency evaluation for the kid. You're obligated to," Rataj said. "If there’s some indication that (Ethan Crumbley) had some type of psychiatric problems, then you certainly want a professional to take a look at that ... that would be the first move that any lawyer would want to look at at this stage."
According to police and prosecutors, here are the events that triggered charges against Ethan Crumbley and his parents:
On the day before the shooting, a teacher at Oxford High School observed Ethan Crumbley searching ammunition on his cellphone during class and reported it to school officials. The school contacted the teen’s mother through voicemail and email about the search, but she didn’t respond.
That same day, the mother exchanged text messages with her son about the incident, writing: "LOL, I'm not mad at you. You have to learn not to get caught."
The next day at school, a teacher saw an alarming note on Ethan Crumbley's desk and took a photo of it. It contained a drawing of a semiautomatic handgun pointing at the words: "The thoughts won't stop, help me." There also was a drawing of a bullet with the words "blood everywhere" and a drawing of a person who appeared to be shot and bleeding.
Farther down on the note were the words: "My life is useless," and "The world is dead."
The student’s parents, James and Jennifer Crumbley, were summoned to the school that same morning. Ethan Crumbley was brought to the office with his backpack, though his drawing had been altered. Officials showed the parents the drawing and told them they had to get their son into counseling within 48 hours or Child Protective Services would be called.
At the meeting, law enforcement officials say, the parents never mentioned that on Black Friday — just four days before the shooting — James Crumbley had bought a 9mm Sig Sauer SP 2022 gun that was a gift for his son. The parents resisted the idea of their son leaving school at that time and left without him. Ethan Crumbley was returned to class.
His backpack was never searched.
According to video evidence from inside the school, about 1 p.m., gunfire erupted. Moments earlier, Ethan Crumbley had entered a bathroom with a backpack, then emerged without it, instead holding a gun and firing shots down a hallway.
After news broke out about an active shooter, Jennifer Crumbley texted her son at 1:22 p.m.: "Ethan, don't do it." Minutes later, at 1:37 p.m., James Crumbley called 911, reporting that a gun was missing from his house and he believed his son may be the shooter, prosecutors say.
After the shooting, which lasted about 5 minutes, police said, they saw Ethan Crumbley in the hallway with the weapon and he surrendered to deputies in the school.
Rataj believes the details warrant a competency hearing.
"We know he’s the shooter," Rataj said. "The first thing they’ll be looking at is competency, and whether or not he is competent and has criminal responsibility."
Swor, meanwhile, isn't sure a competency hearing is warranted, saying there may not be a question of competency, but one about the boy's mental and emotional age.
"We don't know what the defense strategy is? Is it 'not guilty.' Or is it, 'He's only a child and he deserves to have a juvenile sentence?' " Swor said. "I don't know what the lawyers' approach is going to be because I don't know any of the facts."
Swor also argued that the threshold for competency is "very low."
"The (competency) examiner basically says, 'Do you know what a judge is? What a jury is? What a lawyer is? Do you know what evidence is' ... and if you answer 'yes' to those questions, then you're competent."
Swor added: "A competency evaluation doesn't get you very far unless your goal is to have your client confined to a forensic (psychiatric) center. It's a jail without bars."
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What's next ?
Ethan Crumbley has a preliminary examination scheduled for Dec. 20 and his parents have preliminary examinations scheduled for Dec. 22, but they could be postponed.
During a preliminary examination, witnesses testify and evidence is presented in the case. At the conclusion of the hearing, a judge determines whether the case will proceed to trial. Silver said it is very common for preliminary examinations to get pushed back, “especially on a case like this,” where there is a lot of evidence to sift through, she said.
“Nobody should be the slightest bit shocked that this would be pushed back,” Silver said.
Swor agreed.
"I suspect that they will postpone to allow the defense more time to prepare," Swor said, adding the accused shooter will need more than one lawyer. "I’d bring in a second lawyer. I would expect that it would take awhile. There are a lot of facts to be investigated."
Ethan Crumbley is being represented by court-appointed attorney Paulette Michel Loftin, a Rochester-based lawyer who has spoken with her client, but has yet to see all the evidence against him.
"There are thousands of pages of discovery that I will need to review so that we can make an informed decision about whether or not we wish to have the preliminary exam," Loftin said in an email earlier this week.
Meanwhile, Ethan Crumbley's parents are being represented by West Bloomfield attorneys Shannon Smith and Mariell Lehman. Smith previously represented convicted child molester and former USA Gymnastics and Michigan State University doctor Larry Nassar, who is serving life in prison without parole.
Earlier this week, Smith said she and Lehman are "focused on getting the discovery in this matter. We will not be making any statements, participating in any interviews, or making further comments until we have more information."
As the cases move forward in court, defense lawyers note that a change of venue request could be made down the road. The Crumbleys and their son could argue that they can't get a fair trial in Oakland County. Ethan Crumbley's lawyer could also push to have the adult charges dropped, and get him charged as a juvenile instead.
Rataj believes a key question in the parents' cases will be: Did they know that the boy had the gun with him at school?
"The lawyers representing the parents are going to push back and challenge the prosecutors. That's their job," Rataj said.
Ethan Crumbley has been charged with 24 counts, including four counts of first-degree murder and terrorism causing death.
The high school sophomore is accused of killing four people — Hana St. Juliana, 14; Tate Myre, 16; Madisyn Baldwin, 17, and Justin Shilling, 17 — and injuring seven others, including a teacher, during a rampage last Tuesday.
Ethan Crumbley and his parents have pleaded not guilty.