The teenager who killed four students and injured six others and a teacher at Oxford High School in November 2021 will still have the possibility of being sentenced to life in prison without parole, despite his attorney's attempt to convince the judge otherwise.
Oakland County Circuit Court Judge Kwame Rowe ruled Tuesday that the prosecution's motion to sentence Ethan Crumbley to life without parole in prison will stand. Rowe also denied the shooter's motions to wear street clothes during the upcoming Miller hearing, which will determine if it is appropriate and fair to sentence him to life without parole, and his motion to exclude some testimony from the Miller hearing.
"The Court finds that Defendant's argument is not persuasive and is without merit," Rowe wrote. "Defendant's argument is not ripe, and the Court cannot and will not dismiss the People's Motion for Life Without Parole."
Oakland County prosecutors notified the court in November that they would be seeking a sentence of life without parole for the teen after Ethan pleaded guilty in October to 24 felonies including terrorism causing death and four counts of first-degree murder. He admitted to shooting and killing four classmates and injuring six other students and a teacher in November 2021.
Defense attorney Paulette Loftin tried to throw out the prosecutor's motion for life without parole because she does not think the prosecution's witnesses will be able to provide testimony to satisfy the Miller factors. She also contended that the facts of the crime alone do not justify a life without parole sentence.
"Failing to list any witnesses that can testify as to the Miller factors precludes the Prosecution from fulfilling their burden of proof at a Miller hearing," Loftin wrote. "With the exception of Dr. Lisa Anacker, all of the witnesses listed by the prosecution are fact witnesses to the event and not witnesses as to the Miller factors."
Assistant Prosecutor Marc Keast said the facts and details of the offense should be considered by the court in making its determination so Oakland County Circuit Court Judge Kwame Rowe has the full story before making a decision. The facts of the crimes alone aren't enough to justify a life without parole sentence, he said, but they are relevant in determining the proportionality of life without parole, as well as in evaluating the mitigating factors.
"This Court has not been presented with the underlying facts of this case and cannot rely on media accounts of the event," Rowe wrote. "The Court cannot consider the circumstances of the homicide offenses without knowing the facts of the homicide offenses."
During the upcoming Miller hearing, the teen's attorney will present mitigating factors to show why he should not be sentenced to life without parole. Those factors include his age, his family and home environment, the circumstances of the crime, factors associated with his youth and the possibility of rehabilitation, according to Loftin's filing. The teen's Miller hearing is set for July 27.
The Miller hearing is required because Ethan is a minor charged as an adult. The requirement is based on the 2012 U.S. Supreme Court case Miller v. Alabama, which ruled that mandatory life sentences without the possibility of parole were unconstitutional for juveniles who committed homicides.≝
He pleaded guilty in October to terrorism causing death, four counts of first-degree murder, seven counts of attempted murder and 12 counts of felony firearm.
His parents, Jennifer and James Crumbley, are also charged in connection with the shooting. Both face four counts of involuntary manslaughter. The case is currently pending in the Michigan Supreme Court after the Crumbley's attorneys appealed a district court judge's bindover of the case to stand trial in Oakland County Circuit Court.
