Parents who do not seem concerned by their child’s deteriorating mental health status, and buy that same child a gun, which that child then proceeds to use on his fellow students, should probably expect to face either civil charges or criminal charges of neglect in one form or another. This is particularly true when those parents had been warned by the school that their child had expressed a desire to use a gun to harm his classmates. But did either Jennifer or James “cause death” by their neglect of Ethan? Did the Crumbley’s breach their duty as parents to control their child and prevent him from harming others?
Both juries believed so. “[A] juror told NBC News that the fact that Jennifer Crumbley had been the last known person to handle the 9 mm handgun after she took her son to the gun range helped solidify that she had a responsibility to prevent the shooting, even if she didn’t know specifically that he was planning the rampage…in James Crumbley’s case, the evidence was more glaring… [he] told investigators that he was the last person to handle the weapon by hiding it in an armoire and placing the ammunition underneath jeans in another drawer…[t]he evidence showed that James Crumbley understood how to safely secure a firearm because he owned two others, and investigators found in the home a gun safe for his weapons, a cable lock for the 9 mm handgun and a pamphlet about gun safety around juveniles.”
Thus, we have the epitome of a “hard case”; a case that cries out, “somebody’s gotta pay!” And pay the Crumbley’s did.
“Ethan Crumbley’s parents were sentenced to between 10 and 15 years behind bars…for their son’s 2021 massacre that left four students dead — the first time parents have been sentenced in a US mass school shooting. James and Jennifer Crumbley were handed down the prison time by Judge Cheryl Matthews in a Pontiac, Michigan courtroom after they were found guilty on involuntary manslaughter charges at separate trials…’These convictions are not about poor parenting, these convictions confirm repeated acts or lack of acts that could have halted an oncoming runaway train, about repeatedly ignoring things that would make a reasonable person feel the hair on the back of their neck stand up,’ Matthews said before announcing the sentences.”
10 to 15 years incarceration – for involuntary manslaughter?
Certainly, the parents of the murdered schoolmates of Ethan Crumbley agreed with the verdict and sentence. “Jill Soave, the mother of…slain student, Justin Shilling, 17, said the parents’ inaction on the day of the shooting ‘failed their son and failed us all.’ Justin’s father, Craig Shilling, said he was troubled by Jennifer Crumbley’s testimony during her trial in which she said she would not have done anything differently, even today. ‘The blood of our children is on your hands, too,’ Craig Shilling said.”
But, if we remove ourselves from the obviously justifiable strong emotions of the case, we might see the problems presented by the “bad law” resulting from this “hard case.”
Recall that the Michigan prosecutor who brought the case “openly expressed her frustration with Michigan’s firearms laws.” What is to stop her from bringing charges against any parent who legally buys their teenager a gun, anytime that young person uses that gun in a situation the prosecutor believes to be criminal? Suppose the teenager shoots a duck or buck out of season – will the parents of that child be charged, especially if the youngster told his parents he was going hunting that afternoon with his friends?
Let us extrapolate further; what about parents who do not agree to “gender-affirming care” for their child? Suppose that child acts out, and hurts themselves or others. Could the parents be held criminally responsible for the actions of a child when those parents would not consent to their transition? Could they also be held responsible if the child does transition with their consent, but continues to exhibit suicidal or homicidal ideations, eventually acting upon those obsessions?
Consider that in March of 2023, Michigan expanded its civil rights law to include rights for gay and transgender peoples. “The signing was heralded as a historic advancement in civil rights for lesbian, gay, bisexual, transgender and queer Michiganders by activists and policymakers. Gov. Gretchen Whitmer thanked the Democratic legislative majorities even as she worked to maintain her composure in a venue that was filled with emotion. ‘Their tears of happiness are coming down, I’m trying to hold it together — can’t look at them too much,’ she joked.”
“’Instead of being a hateful state, we are a state that shows love, and not only acceptance, but support of a beautiful and diverse community of folks who now know Michigan is a great place for not wanting to live, but thrive as who they are,’ S’Niayh Tate, a Black trans activist, said. Whitmer has coined the slogan, ‘bigotry is bad for business’ and is striving to brand Michigan as a state with an expansive view of civil rights.”
In fact, “[u]nder Whitmer’s administration, the state has made significant updates to better serve trans and genderfluid people. Secretary of State Jocelyn Benson changed the department’s policy in November 2021 to allow for the ‘X’ gender indicator on state IDs and driver’s licenses. That same year, Attorney General Dana Nessel said a state law that required trans residents to undergo sex-reassignment surgery before changing their gender on legal documents is likely unconstitutional.”
“Gender-affirming healthcare has come a long way in Michigan,” according to PrideSource. “Kalamazoo County is taking the lead when it comes to gender-affirming healthcare. YWCA Kalamazoo recently asked the county commission to allocate $100,000 for its Reproductive Health Fund. This fund covers things like childcare services and travel expenses for clients needing HRT, abortion care, PEP, doula services and the like…[t]he reproductive health fund does not use public county dollars to pay for direct abortion care. However, the fund does pay for abortion and gender-affirming care —both direct and practical support care — from alternative funding sources… of all the reproductive health services YWCA Kalamazoo provides, they’ve seen the greatest increase in demand for gender-affirming care.”
Thus, with the support and encouragement of their Governor, Michigan is becoming more accepting of the “right” to gender-affirming care for its citizens. Organizations like the YMCA can expect to receive funding from the government to support their efforts to provide that care. And the civil rights law in Michigan will prevent someone from failing to provide or denying that same care – including, potentially, a parent who does not consent to the transitioning of their child.
Maybe it seems like a long way from a conviction for involuntary manslaughter for the parents of a school shooter, who did not seek mental health services for their child, by a prosecutor who does not favor the Second Amendment rights of the parents, to a conviction for that same crime for a parent who doesn’t consent to the gender-transitioning of their child who then commits an act of violence, for a charge brought by a prosecutor who favors expanded civil rights for t.
But is it?
Judge John Wilson (ret) served on the bench in NYC
Photo: Pixabay