Prosecution Closing:
Starting with the four people that were killed.
Prosecutor is going over the evidence. Texts that EC sent his mom with no response - about someone being in the house.
The most chilling from the words of their son, the day before, "I have zero help in my mental problems.... my parents won't listen to him."
According to texts, he told his dad he needed help. His dad told him to suck it up.
He's 15 years old, and nothing on the walls except for 2 targets. His mother bragged about it on the IG post. "Did you show them a picture of YOUR gun."
They knew he knew how to use the gun, they knew he was isolated.
3-4 times a week at 2-3 hours at a time at the stable. EC didn't want to be at the stable. He wasn't with his parents.
You can say they are great horse owners, but you can't say that they were with Ethan.
His one friend was taken away in Oct. and taken to some treatment.
Jennifer said that her son was weird and not normal. On the morning of the 30th, hours before shooting, they received the math worksheet. The gun picture was identical to the gun that was purchased. Words like "The thoughts won't stop." "Help me." "Blood everywhere."
James knew about the journal.
Through the use of oridinary care, they would have uncovered:
- if they looked at the journal, they would have seen every page referenced the school shooting
- the first victim has to be a pretty girl so she can suffer like me
- my parents don't listen to me
My dad told me to suck it up, my mom thinks I'm on drugs, she laughed at me - when EC told them about his mental health.
Look at their actions: Jennifer knew before it was news who the shooter was. She texted her son "Ethan, don't do it." James, upon learning of the shooting, went to his house and looked for his gun. he didn't go where the other parents went to look for his son.
The defendants could have done something to prevent it. They didn't take him home, they didn't take him to get help. Jennifer's employer didn't say that she HAD to come back to work. It wasn't a situation where she would have been fired. Door Dash Driver - hours are optional. The fact that they looked at SH in front of their son and said they wouldn't get him help that day. They didn't go home to look for the gun after the meeting, they didn't make the gun in accessible to EC.
They could have asked him where the gun was, they could have looked in the backpack, they could have looked at the journal, they could have looked at the phone.
It's time for them to face a jury of their peers.
DEFENSE CLOSING
There's no question people in the community want to hold someone responsible. The person who is responsibe will be held accountable.
Just because it was a tragedy doesn't mean that the law expands.
They didn't know that EC would commit a school shooting.
They didn't owe any legal duty to any student at the HS. Just because it sounds good that things that could have been done to change the day, doesn't mean that they had a duty.
The Jury instruction reads that it's about what the Defendants knew. They had to know that he was going to commit a school shooting. There were no messages that Jennifer was given information that her son was going to commit a school shooting. There's no evidence that she saw the journal.
The prosecution cannot prove that they knew there would be a school shooting.
At the end of the day the law doesn't care about what kind of parents they were, just whether or not they knew that their son was going to commit these murders. They would have been horrified if they believed their would have been murders.
Even SH was afraif that EC was sucidal and not homicidal. So when Jennifer texted EC later that day, it makes sense that she would believe she was stopping a potential suicide.
There's nothing to expect that a child that spends 3-4 hours alone at home, that the child would commit a school shooting
Prosecution can't meet their burden.
DEFENSE FOR JAMES
Parents aren't mind readers.
It's not that they should have known, but that they actually knew. There's not evidence that either parent KNEW that EC was going to commit a school shooting.
Using the "should have" standard goes well beyond what is allowed today.
Prosecution testified about what EC told other people, not what he told James and Jennifer. No evidence that either parent had a duty to any student. This duty does not exist.
No evidence that James knew that Ethan was a danger to anyone, including the students.
We can't get past that to get to ordinary care, that James and Jennifer knew. They only knew that EC was a danger to himself after Shawn Hopkins told them. And after SH told them of his concerns, they agreed to get EC counseling.
We cannot impute knowledge to them, without showing that they had knowledge.
Without evidence that the parents had actual knowledge, the prosecution is merely speculating.
With their should have argument, prosecution is conceding that the parents didn't have knowledge.
REBUTTAL
This case is not built on speculation.
1. Whether or not there's a legal duty. Manslaughter based - a parent has a duty to affirmative duty to safeguard a third party of their children.
Not once did I argue what they should have known. What I said was the use of ordinary care would uncover. I don't have to prove that they had actual knowledge. I have to prove foreseeability - that's the law.
No one else was in a position to know that the gun was purchased as a christmas present, he was disturbed, he had hallucinations, that he lost his friend. They took a disturb mentally challenege and possible ill kid, and what did they do? They didn't ake him to a doctor, or take him home, embrace him, tell him they love him. They bought him a deadly weapon. And at the moment when they had the opportunity when they were concerned, they didn't even say we got him a gun, and they refer to it as his gun.
When a parent learns of a school shooter, and before the name is public, and the parent texts "don't do it" there is foreseeability. James knew it was foreseeable when he checked for the gun at the house.
James and Jennifer were indifferent. They just didn't care. Just one thing, one action could have prevented it.
If there was any question about who cared about him, it was settled that day. His parents didn't greet him or touch him. No one cared about him.
I agree you're allowed to be a terrible parent. And if that's all this was, I wouldn't be here.