GUILTY MI - 4 students killed, 6 injured, Oxford High School shooting, 30 Nov 2021 *Arrest incl parents* *teen guilty* #4

[Ladyotm]

I wonder why the judge denied the motion to allow the shooter to wear street clothes at the hearing. Maybe since this isn't a jury trial, the court didn't feel it would be prejudicial if EC wore prison clothes.

It could be. Also, he's already plead guilty...the judge knows his clothing won't have any bearing on what he decides. IMO, he would have shown up in court dressed like a younger child. I wish his parents had cared enough about him and gotten him help. He as well as the other kids may have been saved.

 

[Sundog]

Apparently the prosecution didn't list any witnesses who are able to testify as to the Miller factors (factors that are presented at Miller hearings related to the sentencing of a juvenile in a capital case).

"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."

The prosecution acknowledges this, and states that the facts of the case are not enough to justify a life without parole sentence, but I think that the prosection's goal is still to make an attempt to get LWP, or at least the maximum life - with- parole sentence, as allowed by Michigan law.

I read online that Michigan requires that 20-30 years of a life sentence be served before a parole board review in the case of a juvenile being given a life with parole sentence. Some states allow a judge to use his/her discretion in juvenile capital case sentencing, but many do not. Michigan law does not give a judge that discretion, the maximum sentence for life with parole would be 20-30 years before parole can be granted. Of course, he might still go with a sentence of life-without-parole, but I think it will more likely be a life sentence with eligibility for parole in 20-30 years. JMO.

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.

Judge: Oxford shooter's request to throw out life without parole is 'without merit'

Oakland County Circuit Court Judge Kwame Rowe ruled the prosecution's motion to sentence Ethan Crumbley to life without parole in prison will stand.

www.detroitnews.com

Juvenile Life Without Parole

The Supreme Court in 2012 abolished mandatory life sentences without the possibility of parole in Miller v. Alabama. 28 states had mandatory juvenile life without parole sentences that were in conflict with the Supreme Court ruling.

www.ncsl.org

BBM above (prosecution's remarks)

 

[IAMWAN]

Oxford High School shooter expected in court next week: What to know

“It was also revealed that the teen bypassed jail security with an inmate iPad and visited violent websites. He had visited those websites before the shooting as well.”

 

[ilovewings]

Oxford High School shooter expected in court next week: What to know

“It was also revealed that the teen bypassed jail security with an inmate iPad and visited violent websites. He had visited those websites before the shooting as well.”

I am convinced he is not redeemable and should remain in prison for life. That said, I don't believe the judge will give him life without parole.

 

[BetteDavisEyes]

Oxford shooter to appear for Miller hearing this week: What that means for sentencing

The Oxford High School shooter is scheduled to appear in court this week for a Miller hearing, which must be held before he can be sentenced for the 24 crimes he pleaded guilty to.

www.clickondetroit.com

PONTIAC, Mich. – The Oxford High School shooter is scheduled to appear in court this week for a Miller hearing, which must be held before he can be sentenced for the 24 crimes he pleaded guilty to.

The now-16-year-old Oxford shooter has been convicted of dozens of felonies as an adult, including first-degree murder and terrorism. The crimes he’s convicted of carry heavy sentences, including life in prison without the chance for parole, which is a mandatory sentence for those convicted of first-degree murder.

But when it comes to minors, the rules are slightly different.

Though the shooter was charged and convicted as an adult, he is still considered a juvenile. The Supreme Court ruled years ago that minors cannot automatically be sentenced to life in prison without parole. Instead, a judge must consider a number of factors before handing down a sentence.

The judge does this at what is called a Miller hearing. The Oxford shooter is expected to appear in court on Thursday, July 27, for his Miller hearing.

Here’s what that means...

 

[IAMWAN]

Do we know if the hearing will be live streamed?

 

[BetteDavisEyes]

Do we know if the hearing will be live streamed?

I haven't seen anything yet but will check daily for local coverage. I was also wondering if the hearing is open to the public.

 

[IAMWAN]

I haven't seen anything yet but will check daily for local coverage. I was also wondering if the hearing is open to the public.

I forget that you are also a Michigander! I am keeping an eye out as well...I wouldn't be able to attend in person but I am certain that there are many, many people who would want to be there.

 

[BetteDavisEyes]

https://www.detroitnews.com/story/news/local/oakland-county/2023/07/24/should-oxford-high-shooter-die-in-prison-this-hearing-will-help-decide-ethan-crumbley/70411094007/

An Oakland County judge is scheduled this week to hear evidence from prosecutors hoping to show the Oxford High School shooter is incapable of being rehabilitated and should be sentenced to life in prison, while the defense team plans to explain circumstances showing he deserves an eventual chance at parole.

Oakland County prosecutors notified the court in November that they would be seeking a sentence of life without parole for shooter Ethan Crumbley after he pleaded guilty in October to 24 felonies, including terrorism causing death and four counts of first-degree murder. They plan to call up to 12 unidentified Oxford students and a former teacher who was injured in the shooting to testify, as well as showing potentially graphic photos of the shooting's aftermath.

But the shooter's attorney plans to present testimony from experts, text messages from the teen and a video of him falling at work and hitting his head to try to persuade the judge against imprisoning him eternally for killing four students and injuring six others and a teacher in the November 2021 mass shooting.

"You're going to have to overcome probably a lot of heart-wrenching testimony from other people who were fact witnesses," Farmington Hills-based defense attorney Jeff Buehner said.

Because the shooter was 15 years old at the time of the crime but is charged as an adult, he is required to have the hearing before Oakland County Circuit Court Judge Kwame Rowe. The shooter's attorney, Paulette Loftin, tried to get Rowe to throw out the prosecutor's request for life without parole, but Rowe denied her request.

The hearing is set to start Thursday and continue Friday, with a third day set aside next week if it is needed...

 

[BetteDavisEyes]

Recent court filings. Looks like they are requesting media coverage.

Court Explorer

Court Explorer

 

[BetteDavisEyes]

I forget that you are also a Michigander! I am keeping an eye out as well...I wouldn't be able to attend in person but I am certain that there are many, many people who would want to be there.

I'm in Rochester Hills (Oakland County).

 

[BetteDavisEyes]

According to Judge Rowe's docket, the Miller hearing will begin at 9:00AM Thursday morning.

09:00

HEARING

2022-279506-FC

PEOPLE vs CRUMBLEY,ETHAN,ROBERT

10/24/2022

 

[ilovewings]

According to Judge Rowe's docket, the Miller hearing will begin at 9:00AM Thursday morning.

https://jsos.oakgov.com/OaklandCounty/Judge/MultipleCommand

Thanks for the info

 

[BetteDavisEyes]

Thanks for the info

I noticed an error message and corrected my link.

 

[Sundog]

They plan to call up to 12 unidentified Oxford students and a former teacher who was injured in the shooting to testify, as well as showing potentially graphic photos of the shooting's aftermath.

"You're going to have to overcome probably a lot of heart-wrenching testimony from other people who were fact witnesses," Farmington Hills-based defense attorney Jeff Buehner said.

<snipped for focus>

I think that the judge will hear both sides present their witnesses at the Miller hearing and then schedule a date for sentencing.

It would be hard for a judge to give a sentence of 20-30 years (the mandatory sentence in Michigan if the judge doesn't sentence the defendant to life without parole) after the emotional testimony from the 12 students and a teacher who was injured during the shooting, and also graphic photos that the State may show.

It also may be customary to schedule a sentencing hearing at a later date so that the judge has time to review the witnesses' testimony and review the case law.

I don't think EC will be sentenced to life without parole, given his mental health issues that have been discussed in this case, as long as expert testimony is provided that is likely highly credible that EC can be rehabilitated.

If expert witnesses can convince the court that EC is rehabilitable, then maybe EC will be sentenced to 20 years (the minimum sentence if given life with parole sentence), but I think it would be hard for the victims and many in the community to accept that. I don't know how much weight the judge would give to that factor, or if it is allowed. I think only the factor of the safety of the community may be taken into consideration.

Just some thoughts going into this week's hearing and sentencing of EC.

 

[Cool Cats]

<snipped for focus>

I think that the judge will hear both sides present their witnesses at the Miller hearing and then schedule a date for sentencing.

It would be hard for a judge to give a sentence of 20-30 years (the mandatory sentence in Michigan if the judge doesn't sentence the defendant to life without parole) after the emotional testimony from the 12 students and a teacher who was injured during the shooting, and also graphic photos that the State may show.

It also may be customary to schedule a sentencing hearing at a later date so that the judge has time to review the witnesses' testimony and review the case law.

I don't think EC will be sentenced to life without parole, given his mental health issues that have been discussed in this case, as long as expert testimony is provided that is likely highly credible that EC can be rehabilitated.

If expert witnesses can convince the court that EC is rehabilitable, then maybe EC will be sentenced to 20 years (the minimum sentence if given life with parole sentence), but I think it would be hard for the victims and many in the community to accept that. I don't know how much weight the judge would give to that factor, or if it is allowed. I think only the factor of the safety of the community may be taken into consideration.

Just some thoughts going into this week's hearing and sentencing of EC.

Time served started when he entered jail so he would only be age 35 for a 20 year sentence and this is inappropriate, to put it mildly.

If not LWOP I see this:

A 50 years to life sentence would mean that he is eligible for a parole hearing at age 65. At this time the parole board would decide if he should be released on strict parole conditions. If not, they would deny parole.

He would get another parole hearing in X amount of years.

2 Cents

 

[IAMWAN]

I'm in Rochester Hills (Oakland County).

I’m in Ortonville, we were in Lake Orion when all of this happened.

 

[Sundog]

Time served started when he entered jail so he would only be age 35 for a 20 year sentence and this is inappropriate, to put it mildly.

If not LWOP I see this:

A 50 years to life sentence would mean that he is eligible for a parole hearing at age 65. At this time the parole board would decide if he should be released on strict parole conditions. If not, they would deny parole.

He would get another parole hearing in X amount of years.

2 Cents

If IIRC, in Michigan if a judge sentences a juvenile to life with eligibility for parole, the judge can only sentence the juvenile to 20 to 30 years before a parole hearing takes place and the juvenile is eligible for parole. So a 50 year to life sentence would not be an option for the judge.

 

[Cool Cats]

If IIRC, in Michigan if a judge sentences a juvenile to life with eligibility for parole, the judge can only sentence the juvenile to 20 to 30 years before a parole hearing takes place and the juvenile is eligible for parole. So a 50 year to life sentence would not be an option for the judge.

Do you have any good articles about this?

He will be 45 when up for parole if this is the most he can get.

 

[Sundog]

Do you have links to show this, I believe you but have never seen it.

Juvenile Life Without Parole

The Supreme Court in 2012 abolished mandatory life sentences without the possibility of parole in Miller v. Alabama. 28 states had mandatory juvenile life without parole sentences that were in conflict with the Supreme Court ruling.

www.ncsl.org

edited to add -

The laws vary as to how many years a juvenile must serve before being eligible for parole review. On one side of the spectrum, Nebraska and Texas require 40 years to be served before parole review, with three states—Louisiana, Massachusetts and Pennsylvania—setting it at 35 years. Seven states—Arkansas, Connecticut, Delaware, Michigan, North Carolina, Utah, Washington and Wyoming—require that 20 to 30 years be served, Nevada has set it between 15 and 20 years, and California and West Virginia set it at 15 years. In Iowa, South Dakota and Vermont, an amount is not specified, with judges given discretion in setting the term. Twenty four states and the District of Columbia, seen in the map below, have laws that completely abolish juvenile life without parole.