PONTIAC, Mich. (CN) — The Michigan sophomore accused of carrying out a deadly shooting spree at his high school returned to court on Wednesday for his arraignment and to set a hearing on where he should be jailed.
Ethan Crumbley, 15, stood mute as his court-appointed attorney entered a plea of not guilty on his behalf. Crumbley was charged as an adult with terrorism causing death, four counts of first-degree murder, seven counts of assault with intent to murder and 12 counts of possession of a firearm during the commission of a felony over the shooting at Oxford High School on Nov. 30.
Oakland County Circuit Court Judge Kwamé L. Rowe, a former assistant prosecuting attorney for the county from 2015 to 2021, began the hearing by acknowledging a call with the lawyers in which he wanted to confirm his appearance as judge would not create a conflict of interest.
Rowe also addressed Crumbley’s placement in the adult section of the Oakland County Detention Center. The judge noted that under state law a hearing must be held on the defendant's detainment status within 30 days of his arrest, but conceded that due to a local surge in Covid-19 cases, an in-person hearing would not be possible now.
“Because the number of Covid cases are so high at this time, the court is finding good cause to extend those 30 days…because we cannot effectuate an in-person hearing at this time due to the positivity rates,” he said.
Rowe agreed with the defense that the matter should be addressed in-person. He instructed both the prosecution and defense to submit briefs for an attorney-only status conference on Jan. 19 to set a future date for the hearing.
The judge also reappointed attorney Deborah H. McKelvy as an appointed guardian ad litem for Crumbley.
The accused gunman from Oxford, Michigan, briefly faced Oakland County District Court Judge Nancy R. Carniak on Jan. 7 for a probable cause hearing. He agreed to waive his right to a preliminary examination hearing, where evidence against a defendant is presented. The waiver means he has been bound over to the Oakland County Circuit Court for trial as charged.
At a prior hearing on Dec. 13, McKelvy expressed worry about her client's current location in lockup and suggested a move to juvenile detention.
“I do have concerns that his confinement at the Oakland County Jail…I’m not sure he is fully away from the sounds of adult inmates,” she said.
But assistant prosecuting attorney Marc Keast would not budge.
“This cannot be compared to any other case…calling this an isolated incident does not do it justice,” Keast said. “This was mass murder in a school, judge, this was planned.”
Carniak agreed with Keast that Crumbley's current location was fine.
James and Jennifer Crumbley also went before a judge on Jan. 7 in an unsuccessful effort to lower their bond.
Oakland County Prosecutor Karen D. McDonald went through a list of damning actions at the hearing she said proved the parents were a flight risk.
“We need to talk about…what Jennifer and James Crumbley did on Nov. 30 just hours after their son murdered children in a school,” she said. "They started making plans…they drove to Lapeer and stayed in a hotel…they also purchased a total of four cellphones…they drained their son’s bank account, transferring $3,000 into their own account leaving him with a balance of $0.99.”
The couple's next hearing date is set for Feb. 8.
According to a pair of $100 million lawsuits filed against Oxford Community School District over shooting, social media posts from the Crumbley family should have caused officials to act but they were not taken seriously enough by school administrators.
School officials were ignored when they attempted to contact James and Jennifer, according to prosecutors, but Jennifer texted Ethan to playfully scold him. “Lol. I’m not mad at you. You have to learn not to get caught,” she allegedly wrote.
The Oakland County Prosecutor’s Office released drawings made by Crumbley that were discovered by teachers in late November. One of the captions read “blood everywhere.” McDonald said he later altered the drawings to cover up the violence.
When news of the shooting became public, McDonald said Jennifer reached out to her son via text.
“Ethan. Don’t do it,” she wrote.
Three students were pronounced dead the day of the shooting and a fourth victim succumbed to his injuries the next morning. Eight others were injured, including a teacher. The weapon used was a 9mm Sig Sauer SP 2022 pistol, according to Oakland County Sherriff Michael Bouchard. The suspect had at least two 15-round magazines, including one with seven remaining rounds.
Oxford, population 3,586, is in central Oakland County, about 40 miles north of Detroit.
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