Arraignment hearing for James and Jennifer Crumbley
The parents of a teen accused of killing four students in a shooting at Oxford High School were found hiding in a Detroit building early Saturday.
four counts. This your case will also be scheduled for a probable cause conference on december 14th at 1 15 in a preliminary examination on december 22nd at 9 45. A uh at this point I would have been addressed band um First I'd like to hear from pretrial services. Thank your honor. Jeffrey records for pretrial services. MS. Gardner declined to speak with pretrial services in respect and request to speak with her attorney. As a result, no references were contacted and little background information is available. She's 43 years old and married. Her listed address with the jail is 112 East Street in Hartford, Michigan. She does not have any. She does have a prior criminal history. She uh huh does not currently on probation or parole. She does not have a history of failing to appear, does not have a prior documented history of violence. The charges against the defendant are severe and those charges issued by the court along with the co defendant failed to turn themselves in to authorities. Well, every defendant is afforded the presumption of innocence. The purpose of bail is to ensure appearance and the safety of the community. The defendants in this matter had agreed through their attorney to turn themselves in to the court. Once charges were issued on 12 3 of 21 hour. Instead they fled based on the defendant's attempt to flee prosecution. Pretrial services has concerns for appearance and the safety of the public. It is our recommendation that they release on recognizance bail is not appropriate in this case. In order for the mitigate concerns for appearance of public safety. If the defendant makes release to follow the conditions are respectfully recommended pretrial services supervision. The Gps tether prior to release allowed to leave home for work. If employed medical, employment attorney visits. Uh not to have any contact with the witnesses victims where he turned to Hartford high school, not to possess a firearm and must turn any firearms in that have not been confiscated. Yeah thank you. Who's going to speak on the behalf of the prosecutor's office? I am your honor. Go ahead. I'm sure you've read the swear to preserve and to M. C. R. 6.106 bond should be set with the considerations of the likelihood of conviction. First hear the likelihood of conviction is strong, your honor. Uh We know from the facts and that were presented at the square to that the crumbly Mr Crumbly purchased this weapon for his son. Um And that on the 27th the the uh mrs family went to the shooting range with her son posted on social media saying that it was a mother sunday and that she was um she bought a weapon for her, a gun for her baby for christmas. Uh It's also clear from the facts that he had total access to this weapon and that it was it was for him. Uh Second on the 29th. Both defendants were aware that he was searching ammunition on his phone at school instead of reacting to that as a concerned parent. And worried about safety. Uh Mrs Crumbly texted L. O. L. I just I'm not mad just next time. Don't get caught. Um and then obviously on this very tragic day on the 30th they were called to the school and about their sons Uh drawing which clearly depicted depicted threats and acts of violence. And instead of disclosing to the school that he had full access to this weapon they chose not to they chose not to take their son home. They chose not to tell anybody that he might be dangerous when it was clear. And they had every likelihood that that he was and instead they left furthermore after the act of shooting announcement went out. Mrs crumbly texted her son Ethan, don't get don't do it. And Mr Crumbly went to his home purposely to search for this weapon because he was afraid his son had the weapon and was in fact shooting people and hurting them. Which as we know, is exactly what happened. Your honor. This is a very serious, horrible, terrible murder and shooting and it has affected the entire community and these two individuals could have stopped it and they had every reason to know that he was dangerous and they gave him a weapon and they didn't secure it and they allowed him free access to it furthermore, your honor. The purpose of bond is to secure further court appearances. And yesterday uh they were charged with these counts of voluntary manslaughter. Uh Now your honor. The communication between mrs smith and the prosecutor's office was a text message was sent to me and was um not replied to. Um and you know we don't have an obligation to operate and there are good reasons for that. And I think they the fact the events that played out some of the reasons for that. Now Mr smith clearly her clients did not give her tell her the truth because her representation was they wanted to turn themselves in and that they were on their way to do that. However They didn't turn themselves in and we were told they were out of town except that yesterday morning they withdrew $4,000 from an ATM in Rochester Hills very close to the where they could have turned themselves in with no um events and no efforts on behalf of law enforcement. Instead they fled and they saw multiple attempts to hide their location and were eventually tracked down after they parked their car somewhere. A witness sought and the entire fugitive apprehension team with multiple other law enforcement agencies went into a vacant building and searched it from talked about him and these two individuals were found locked somewhere in a room hiding. These are not people that we can be assured will return to court on their own. And then lastly pursuant to M. C. R. 6.106. we also should consider or the court should consider whether or not there are members of the community to vouch. There are none here. In fact There are none here because there are there is not one person in that committee that will vouch for these two defendants. So I'm asking that you set a $500,000 bond for both defendants. Cash dirty. Yeah. Um let's, I'd like to hear from the attorneys please address band as it relates to jennifer crumble first place. Um, your honor. The first thing I need to do is to respond to the prosecution's comments about our contact with their office. On thursday night I texted Karen Mcdonald and told her my office was representing the crumbly cheese and we and I wanted to speak with her. She did text back and said we could talk first thing friday morning. First thing friday morning I did text MS Macdonald. I also group texted MS Mcdonald with Mario Lehman. I also called her office. I talked to her personal secretary and explained who I was the circumstances and that I needed to speak with MS Macdonald. Mari El Lehman also called MS Mcdonald's in the morning. We called the prosecutor's office throughout the day and never got a call back. We were going to make arrangements to have our clients turned themselves in. I was in a trial in circuit court in front of Judge Saban all day yesterday MS Lehman was traveling on a plane from florida up to michigan, the prosecutor's office instead of getting back to us in any way, decided to have a press conference and as MS Mcdonald admitted try to find a way to, to surprise our clients and catch them off guard when it was so unnecessary. And last night and throughout the day we were in contact with our clients. They, they were scared, they were terrified, they were not at home, they were figuring out what to do, getting finances in order and the last text messages we had with them and phone calls Mario Lehman and I had with them. Our plan was to drive to the novi district court this morning because arrangements were supposed to start at 8 30 for any county arrangement and we had plans to meet them at 7 30 to text the fugitive apprehension team to get to the court by 8 30 so they could be arraigned first thing, those were plans we made in solidified and we did not announce it because unlike the prosecution, we weren't attempting to make this a media, media spectacle. This case is absolutely the saddest most tragic worst case imaginable. There is absolutely no doubt but our clients were absolutely going to turn themselves in. It was just a matter of logistics and all the prosecution had to do was communicate with me about it and we tried multiple times. All right. That being said with respect to MS Um, Crumbly. She is 43 years old as pretrial services told you she has been employed as the director of a large company director of marketing. Um, she is a, She grew up in Clarkston prior to living in Oxford, where they've owned their homes since 2015. She lived in Lake Cory. Um, she has never been in serious trouble with the law. She does have a drunk driving conviction back from when she was in college. Any conviction on Miss Crumbles record is a misdemeanor and end result. Um, Miss Crumbly has, um, retained my office and Mariel, obviously she would not have done that had she planned to not turn herself in and fight these charges, I'm quite certain they would not have paid my office money and taken those steps if they were not going to fight these charges. When it comes to the seriousness of the offense. When you listen to the prosecution's facts they're presenting, which are incomplete, very incomplete. It does sound like it absolutely egregious of wrongdoing on the part of Mr and mrs crumbly that they that they gave their child had gone and encouraged him to do this. That's just not the case. And mrs crumbly is presumed innocent. And I ask this court to know that to note that full discovery has not been available and that the court is only aware of the facts, the prosecution is presented, but that gun was actually locked. So when the prosecution is stating that this child had free access to a gun, that is just absolutely not true. And we need an opportunity to fight this case in court and not in the court of public opinion. We need the opportunity to have our client's constitutional rights to being presumed innocent protected. And this court is going to see um, in the exam in particular that there is far more going on than what this court has been made aware of and for that reason, your honor. I would ask this court to set bond keeping all of that in mind. Our clients would absolutely be availed themselves to a GPS tether. They would absolutely obey all of the conditions listed by pretrial services. This case does not warrant a $500,000 bond. I would ask this court in light of the criminal history, the limited facts presented to order that the bond be set at $50,000 or $100,000. If this court believes it needs to be more, our clients are going to fight these charges. Our clients are just as devastated as everyone else. Um, Bond has to come from a place of legal soundness, not emotional reaction which has driven this entire case and it is emotionally charged. It is emotionally the worst thing I have ever been involved with in scene. There is no doubt it is the worst thing the crumbly cheese have ever been involved with in scene and there is just so much going on here and we asked the court to set a reasonable band. Um any additional comments as it relates to James Crumley. Yes, your honor. James is 45 years old. He has a prior conviction from 2004. Again, similar to Jennifer Crumbly. Any convictions that he has would have been uh we believe that they were misdemeanors, he does not have any substance abuse issues he does have some health issues that require, he's diabetic, that required two types of insulin. He was gainfully employed. Um he's been in michigan since he and jennifer moved up here several several years ago. Um as for the seriousness of the charges, as MS Smith has stated the facts that are, that have been presented by MS Mcdonald and her office had been cherry picked to further her narrative of making an example of Mr and Mrs Crumbly, which she very freely said she was doing yesterday during her press conference again to echo what MS Smith has said, I personally contacted MS Macdonald's office to notify her of mine and Miss smith's availability. He chose not to call us back. I was also in communication with law enforcement as was Miss Smith. They knew that we were planning to bring Mr and mrs crumbly in. They knew that we were in communication with them contrary to what was presented in the media. Um your honor, They hired our office on thursday. They have been, we are prepared to defend this case. They are absolutely taking this case seriously. They are devastated by the events in the Oxford. Um in the Oxford incident. Um This is not something that's being taken lightly by them or us. Your honor. I agree with MS smith. $500,000 is not warranted in this case. The charges are very seriously, but as the court is aware, they are allegations at this point, as MS smith has stated, both of our clients are presumed innocent unless they're proven guilty. Um your honor and quite frankly from what we know your honor, the facts are not what they have been presented to the court into the public. So I I again echo what MS smith indicated our clients are more than happy to um have a GPS tether to be on pretrial pretrial services supervision. I am again requesting a 50,000 or $100,000 bond. But Mr crumbly as with Mrs crumbly is not a flight risk. She is not, he is not a danger to the community. There is no risk that they're going to flee prosecution. They were never fleeing prosecution. I want to make that very clear with the court. We had been in communication with the prosecutor's office and law enforcement and our clients throughout yesterday. Your honor. They were not fleeing prosecution contrary to the media reports. Um, so your honor. I'm asking that they have a $50,000 or $100,000 bond with a gps. Tether and pretrial services supervision. May I respond? Please please your honor. Um I agree with mrs smith on one thing. The court hasn't heard all effects and neither has the public because I have an ethical duty not to release those effects because she is indeed correct her client. And um Mr probably have um an absolute um we have a burden and they these are merely allegations. So I agree and I just want to point out um nobody needs permission. These these defendants did not need my permission and they didn't need law enforcement permission to go to the court and turn themselves in, go to the police department, the Sheriff's department and turn themselves in. I agree. Mrs smith was was perhaps in trial. She had a break from 11 45 to 2 45. And I can't imagine why they were surprised the whole country knew that these charges were coming. And lastly to suggest that this anyone has somehow using this incident to um to create press, there's a lot of attention here because four Children were murdered and seven others were injured and that that is on the mind of every single person in this country. So I would ask that you impose the $500 cash 30 on each of the defendants, runner. Um So in terms of what the court is required to comply with them. Cr 6.106. The purpose of band is to ensure that the defendants appear in court for all necessary court appearances as well as to take into consideration any risk to public safety. Um Obviously these charges are very very serious. There's no question about that. Um there is a, there's The court does have some concern about the flight risk along with the public safety given the circumstances that occurred yesterday and the fact that the defendants did have to be apprehended in order to appear for purposes arraignment the court did indicate yesterday after the swear to that it would be conducting an arraignment at four p.m. and nobody cared for purposes of that arrangement. Your honor, your honor, you for Jennifer crumbly at $500,000 cashier. They know 10 in the event that jennifer company is able to post ban. The following conditions will will be in place. The defendant is not to use our test positive for alcohol, recreational marijuana or any controlled substances. Um MS crumbly is not to possess or have in your possession any firearms or dangerous weapons shall not have any assaultive behavior toward anyone must provide a release address Upon release to the pretrial services representative. The pretrial services representative will be monitoring buying compliance the defendant apartment within 24 hours of release from the Oakland County jail must admit to and paid for E. T. G. P. B. T. Or your analysis. um And facility that's open seven days a week that automatically lead, confirms our positives provides all levels in writing. Um That would be at the direction of P. T. S. The defendant. MS crumbly. If this time is to verify any employment status um and verify that in writing upon release from the Oakland County jail in the event that the defendant is crumbly is able to post bond. The court is going to require that she had a Gps tether. Um The Gps tether the pot must be installed upon release um From the Oakland County jail she may be the Gps tether will have the allowances that she could um go to work, attend court hearings, medical appointments and attorney meetings. She must provide work schedule, medical appointments At any meetings, two PTS in advance. Again there must be installed at the jail before she leaves the jail as it relates to James robert come crumbly. The court is setting a $500,000 cash surety, No 10% van. Um The defendant is not to use or test positive for alcohol, recreational marijuana or any controlled substances. Um The defendant is said to possess or have in his possession any firearms weapons or date or ammunition. The defendant is not to have assaulted behavior toward anyone. The defendant must provide a release address. If he is able to post bond to pretrial services, he will be monitored by pretrial services must submit and pay for a T. G P. B. T and a your analysis within 24 hours of release from the Oakland County jail at a facility that is open seven days a week. That automatically lab confirms all positives, provides all levels in writing, the defendant must verify employment two Pts. Upon release from the Oakland County jail. GPS Tether must be installed prior to release from the Oakland County jail in the event that the defendant is able to post ban. He also must provide of information relative to employment schedule, medical appointments or any other appointments that are allowed which will include, he could attend court hearings, employment, medical appointments and attorney meetings, any violations of any of the terms and conditions of those bad um may result in revocation of bad any questions. Does it be nice to ban for James Crumley? Your honor. We have no questions, but I do need to place one thing on the record. I'm not asking the court to change anything. What I want to see it on the record is I was not able to watch the entire press release and what the, I had no idea there was a four oclock arraignment. MS. Lehman didn't know either. The media had so many reports of random times That quite frankly we didn't believe that I just want to apologize to the court because we weren't aware and also we faxed over appearances and no one told us like hey we're going to do this at 4:00. We sent appearances late in the day and I just apologize to this court because we don't miss date. So thank you. Thank you. Finally, as it relates to band the in the event that the defendants do post ban, I am requiring that they turn over any and all weapons to the Oakland County Sheriff's office. That must occur. Um Within realistically, I, I'm not sure what they have in their possession or if they're going to be able to see where they're going to be released to if they post bond, but I am going to require that they turn over all weapons con released from the Oakland County jail. Okay. Um Any other questions? No, thank you. Thank you. All right. Again. The Pcc is on the 14th at 1 15. Preliminary examination is on the 22nd at 9 45. £8. It will be in person proceedings. Please make sure that you are prepared with all witnesses and your exhibits. You and I just do want to put on the record that there are hundreds and hundreds of hours of digital evidence and voluminous documents and we are compiling it and we'll get it to defense counsel as soon as possible. Mhm. Okay. Thank you. Thank you for having. I say thank you George, your honor