Prosecutor: Jennifer Crumbley is a greater flight risk now more than ever

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The Oakland County Prosecutor's Office is imploring the Michigan Court of Appeals to keep the mother of the Oxford High School shooter locked up, maintaining she is a greater flight risk now, more than ever.
In a June 20 filing with the appeals court, the prosecution argues that Jennifer Crumbley cannot be trusted to be free, especially at this stage of the game when she has already been convicted and sentenced, and the "presumption of innocence no longer applies." Crumbley was convicted and sentenced last year to 10-15 years in prison for the deaths of four students murdered by her son in the Nov. 30, 2021, mass shooting at Oxford High School. Letting her out now, the prosecution argues, is too risky, especially given her actions in the days following the shooting.
Prosecutors allege the shooter's parents fled their home and hid from authorities in a building in Detroit to avoid prosecution over their actions, and inactions.
"(Crumbley) has been a flight risk from the moment she was charged," Assistant Oakland County Prosecutor Joseph Shada writes in a June 20 filing with the court of appeals, alleging Crumbley "presents a greater flight risk" now, more "than ever."
According to the prosecution, in the days after the shooting, Jennifer and James Crumbley, the shooter's parents, hid out in an art studio in a commercial building in Detroit, where they were discovered by police following a massive manhunt.
"(The parents) liquated their assets, emptied their son's bank account, abandoned a vehicle, bought burner phones, and traveled 30 to 40 miles to hide in a commercial building in Detroit," Shada writes, adding the couple also tried to hide the license plate when they parked their car outside the building they were hiding in.
According to trial testimony, a 911 tipster spotted the couple's car and called authorities.
"Despite the overwhelming police presence, the mass of flashing lights, and the sound of doors being broken down, the defendants did not surrender themselves, but pretended to be asleep," Shada writes. "Their deceit was laid bare when text messages from defendants came to light showing that they suspected they had been found and were 'laying low.' "
Flight risk allegations aside, the prosecution also argues that Crumbley's appeal has no merit.
"A jury unanimously found that defendant was grossly negligent, and her gross negligence was a cause of the four deaths in the Oxford High School shooting. She was properly convicted of four counts of involuntary manslaughter," Shada writes, adding her "request for bond pending appeal should be denied."
The prosecution's filing comes four days after the defense asked the court of appeals to release Crumbley on bond pending the outcome of her appeal, maintaining she is no threat to anyone, and that her appeal raises a "substantial question of law or fact." Perhaps most notably, it has argued, is that a judge has concluded that the prosecution intentionally withheld evidence from the defense during and before trial, yet let that misconduct slide in denying Crumbley a retrial.
Additionally, the defense insists that the alleged fugitive story is not true, maintaining that the couple were never on the run, but only hiding out of fear due to death threats they were receiving. Perhaps more importantly, the defense says, the couple had plans to turn themselves in — with their lawyers — and the prosecutor knew this.
But the prosecutor still launched a manhunt for the couple and declared them fugitives, the defense argues in court filings, despite knowing of the couple's surrender plans.
In a court filing this week, Crumbley's appellate lawyer Michael Dezsi cites a text message that Crumbley's trial lawyer had sent Oakland County Prosecutor Karen McDonald in 2021, telling her of plans "to walk the Crumbleys in to be booked and process." It was sent at 6:53 p.m. on Dec. 2, 2021.
Prosecutor McDonald texted back: 'Ok, Let's talk in the morning.' "
There was no such morning conversation, trial testimony shows. Instead, that following day, a SWAT team was amassed and a manhunt was launched, ending with the arrest of the Crumbleys in an art studio at about 1 a.m. on Dec. 4, 2021.
"So why didn't the prosecution work with counsel to allow the Crumbleys to walk into a police station for processing?" Dezsi writes. "Seemingly, the prosecution was motivated by a desire to sensationalize the Crumbleys arrest as part and parcel of its broad ranging public relations 'smear campaign' that started in the hours following the incident.'
Dezsi also urged the appeals court not to "give weight" to prior bond decisions involving Crumbley, who was denied bond at least eight times pending the outcome of her trial.
Dezsi argues the standards for bond pretrial are different from on appeal. Specifically, he says, the only two legal standards that Crumbley must meet to be released on bond pending her appeal are proving she is not a danger to society, and that her appeal raises "a substantial question of law or fact."
Dezsi maintains Crumbley meets both standards.
"Mrs. Crumbley is not a danger to the public," Dezsi writes, adding she's also not a flight risk, despite the prosecution's assertions. And if the court has any flight risk concerns, he writes, it can address those by placing an electronic monitoring device on Crumbley.
"The prosecution's main objection to Mrs. Crumbley's instant bond motion is that she is a 'flight risk.' … Nowhere in its response brief does the prosecution argue that Mrs. Crumbley poses a danger to others. Because she does not," Dezsi writes.
More: Judge: Prosecutor broke the rules, but Crumbleys still not getting new trials
Jennifer and James Crumbley made history last year after separate juries convicted both parents of involuntary manslaughter, concluding the couple's actions and inactions led to the deaths of four students murdered by their son: Tate Myre, 16; Hana St. Juliana, 14; Madisyn Baldwin, 17, and Justin Shilling, 17. Six other students and a teacher also were injured.
Prosecutors argued at trial that the Crumbleys, more than anyone else, could have prevented the massacre had they done even the "smallest of things," like lock up the gun that their son snuck out of their home and used to shoot up his school, tell school officials that he had access to a gun, or brought him home from school after being notified about his troubling behavior on the morning before the shooting, when he drew a picture of a gun, a bleeding human body, and scrawled the words: "The thoughts won't stop, help me."
After seeing the cryptic message during a meeting with school officials on the morning of the shootings, the Crumbleys returned to their jobs and promised to get their son help within 48 hours. Their son returned to class after school officials concluded he was no threat to himself, or others. His backpack, which contained the gun, was never searched. Two hours later, he fired his first shot.
The Crumbleys maintain they had no idea their son planned to shoot up his school, never saw signs that he was mentally ill — despite prosecutors claiming otherwise — and that the gun at issue was hidden in their bedroom armoire, unloaded, with the bullets hidden in another drawer.
More: Jennifer Crumbley appeals to higher court: I'm no threat. Release me on bond
The shooter, who was 15 at the time of the massacre, pleaded guilty to all his crimes and is serving a life sentence without the possibility of parole. He also is appealing.
Contact Tresa Baldas: tbaldas:@freepress.com
This article originally appeared on Detroit Free Press: Prosecution fights to keep Oxford school shooter's mom locked up