NewsLocal NewsBuffalo

Actions

How the Michigan and Buffalo mass shooting cases could be setting differing precedents

Posted at 11:57 PM, Feb 06, 2024
and last updated 2024-02-07 11:04:02-05

BUFFALO, N.Y. (WKBW) — A Michigan jury has found the mother of the Oxford High School shooter, Jennifer Crumbley, guilty of four counts of manslaughter Tuesday. She faces up to 15 years in prison and will be sentenced in April.

On November 30, 2021, Ethan Crumbley shot and killed four students at Oxford High School. He was sentenced to life without parole in December.

James Crumbley, Ethan's father, is set to stand trial next month.

This case is the first in the nation where parents are being held accountable for a mass shooter's actions.

Now, a local law firm is hoping to create a similar blueprint as the case against the Buffalo mass shooting gunman Payton Gendron moves forward.

7 News' Pheben Kassahun spoke with the Erie County District Attorney John Flynn and a lawyer from a Buffalo law firm representing two of the families of the "Jefferson 10," about how the Michigan mass shooting case and the Buffalo mass shooting case could be setting differing precedents.

Law Office of John V. Elmore attorney, Kristen Elmore-Garcia said, "This verdict represents kind of a turning point in how we handle mass shooting litigation."

Elmore-Garcia is part of a team representing Katherine Massey, Andre Mackneil, and Tops employee, Tiara Johnson, who was at work the day of the shooting.

Elmore-Garcia said, "We do have a pending civil claim against the parents for what we believe is their negligence and how they contributed to the mass shooting. The evidence just may differ in type or quality, or just what's available. Our prosecutors may make a decision in what's the best for our public, what's the best for our taxpayers so I can't speculate too much."

DA Flynn said the evidence in the Michigan case was extremely overwhelming when it comes to the parents' knowledge of their son's behavior which is why it differs from the Buffalo shooting.

"We had none of that evidence in the Tops case at all. This was a very specific fact pattern that was unique, that allowed Michigan to go forward with this charge," Erie County District Attorney John Flynn said.

Elmore-Garcia added, "Ignored his emotional state, ignored advice from the school, teachers and educators and counselors and they had ample warning to intervene on behalf of their child. Not only did they fail to take those appropriate steps, but also purchased him a gun."

However, it begs the question, will parents be held accountable for future mass shootings involving their children? Flynn said no.

Flynn explained, "You would have to have all of the facts laid out in order to do that. That's one aspect of it. The facts are just so unique in this situation."

Flynn added that it is a dangerous slope for society to be on.

Flynn said, "Take the 'Kia Boys' for example, the kids who are stealing cars. You get these young kids who are going out stealing cars. What are you going to do, go after their mother now because they're out there stealing cars? In my opinion, it's dangerous."

However, accountability is top of mind for the Law Firm of John V. Elmore when it comes to Gendron's parents.

They are approaching it civilly.

Elmore-Garcia said, "Our office took the steps to include the shooter here in Buffalo's parents civilly. We think that they bear some civil responsibility. So, the ultimate goal would be the same; hold the appropriate parties accountable but there are two different vehicles or methods to do so."

Crumbley's parents have been in jail for more than two years unable to post a $500,000 bond while awaiting trial.

In February 2023 Gendron was sentenced to life without parole on the state charges he faced in connection to the shooting. He pleaded guilty to those charges in November 2022 which included one count of first-degree domestic act of terrorism motivated by hate. Flynn said Gendron was the first person in New York State to be indicted and convicted on that specific charge.

In the federal case, Gendron faces 27 counts, which include hate crime and firearm charges. The Department of Justice announced on January 12 that it would seek the death penalty against Gendron. The trial has been set to begin September 8, 2025.