PONTIAC, Mich. – Day two of the Oxford High School shooter’s Miller hearing began Friday morning, picking up after a day of disturbing testimony and evidence shared in court.
The live stream has ended as court has wrapped up for the day. The hearing has not concluded, and is scheduled to resume at 8:30 a.m. on Tuesday, July 31. You can watch Friday’s hearing in the videos down below.
Though the Oxford shooter was convicted of 24 felonies as an adult, and is facing mandatory sentences of life in prison, he is 17 years old and still considered a minor. The Supreme Court ruled in 2012 that sentencing for minors facing life in prison without the chance for parole must be considered differently than for adults.
A Miller hearing must first be held to determine if the minor -- in this case, the Oxford shooter -- will be allowed the possibility of parole or not, or what type of sentencing they’ll receive altogether. During this hearing, the judge will consider a number of factors and ultimately decide if the person convicted should have the opportunity to rehabilitate at some point.
More here: Prosecutors continue push for life sentence without parole for Oxford shooter in Miller hearing
Oakland County Prosecutor Karen McDonald said Thursday that she agrees it should be “exceedingly rare that a minor be sentenced to life without parole.” However, prosecutors believe the evidence in this case shows the Oxford shooter deserves the harshest possible sentence for his crimes.
To aid their argument, prosecutors shared an array of evidence with the court on Thursday, giving an even deeper look into just how premeditated the Nov. 30, 2021, mass shooting was. Prosecutors displayed some of the shooter’s journal entries, text messages, and video recordings, some of which were familiar and others were new to the public.
In many of these documents, the shooter glorified weapons, school shootings, and discussed how much he wanted to carry out the mass shooting.
More ---> Oxford shooter explains plans to ‘kill everyone’ in video recorded day before shooting
Defense attorneys are working to establish the shooter as a young boy who was struggling with mental health issues and neglectful parents. The defense is hoping to get the judge to allow a parole option, arguing that the shooter is not “irreparably corrupt” and can be rehabilitated.
Prosecutors disagree, and say the shooter does not “get a pass” because his parents were negligent. The shooter’s mother and father both face four involuntary manslaughter charges in connection with the shooting.
Below, we’re explaining what the Miller hearing is for, and what you can expect.
What is a Miller hearing?
More than 10 years ago, the U.S. Supreme Court ruled in the case Miller v. Alabama that mandatory life sentences without parole are unconstitutional for juveniles.
Before that hearing, Michigan law mandated that a person convicted of first-degree murder must be sentenced to life in prison without the possibility of parole. That sentence criteria was also extended to some minors, or those under 18 years old, depending on the situation.
However, the ruling in the Miller case has changed how minors convicted of first-degree murder are sentenced. The Supreme Court’s ruling in Miller states that instead of automatically imposing a life sentence, a “judge or jury must have the opportunity to consider mitigating circumstances before imposing the harshest possible penalty for juveniles.”
Mitigating circumstances are defined as: “Factors that lessen the severity or culpability of a criminal act, including, but not limited to, defendant’s age or extreme mental or emotional disturbance at the time the crime was committed, mental retardation, and lack of a prior criminal record.”
When a minor is convicted of first-degree murder, a so-called Miller hearing must be held. In the case of the Oxford shooter, a judge will use the Miller hearing to consider if the shooter’s age will play a role in the sentencing, in addition to the mental health issues the shooter apparently faced.
The Michigan bar says a judge or jury will specifically consider the following factors during a Miller hearing:
- The defendant’s chronological age and its hallmark features -- among them, immaturity, impetuosity, and failure to appreciate risks and consequences.
- The defendant’s family and home environment.
- The circumstances of the homicide offense, including the extent of the defendant’s participation in the conduct and the way familial and peer pressures may have affected the defendant.
- Whether the defendant might have been charged with and convicted of a lesser offense if not for incompetencies associated with youth.
- The defendant’s possibility of rehabilitation.
The ruling in Miller v. Alabama also dictates that a prosecutor must file a motion within 21 days of the date of the minor’s conviction if the prosecutor intends to seek a life sentence without the possibility of parole.
After the Oxford shooter pleaded guilty to the 24 felony charges, the Oakland County Prosecutor’s Office filed a motion requesting the harshest possible sentence be issued.
When will the shooter be sentenced?
It is likely the Oxford shooter will be sentenced this year, but it’s unknown exactly when that will happen. The sentencing is not expected to take place during or immediately after the Miller hearing.
At the end of the Miller hearing, the court will decide whether to sentence the minor to life without parole, or to a term of years in prison instead, the Michigan bar says. Either way, the court is required to state, on the record, the “aggravating and mitigating factors it considered in reaching its decision.”
A sentencing hearing will follow the Miller hearing, but an official date has not yet been set. It is likely the judge will schedule a sentencing hearing once the Miller hearing has wrapped up.
What was the shooter charged with?
The Oxford High School shooter was 15 years old when he opened fire on Nov. 30, 2021, and murdered four students and injured seven other people. Soon after, he was charged as an adult with 24 felonies by the Oakland County Prosecutor’s Office.
The shooter was expected to stand trial this January after initially pleading not guilty to all charges, but he changed that plea to guilty in October 2022. He has been convicted of the following crimes:
- One count of terrorism causing death.
- Four counts of first-degree murder.
- Seven counts of assault with intent to murder.
- 12 counts of possession of a firearm in the commission of a felony.
It is the first time that a U.S. school shooter has been convicted of terrorism.
Terrorism causing death and first-degree murder both carry a sentence of life in prison without the possibility of parole in Michigan. Assault with intent to murder in Michigan carries a maximum sentence of life in prison, or imprisonment of any number of years.
A person’s first felony firearm conviction is punishable by up to 2 years in prison in Michigan. A second felony firearm conviction carries a 5-year sentence, while third and subsequent convictions carry 10-year sentences.
The Oxford shooter’s defense attorneys recently filed a motion in an attempt to have the “life without parole” condition of his possible sentence dismissed, but that request was denied. The judge also denied the shooter’s request to wear street clothes instead of a jail jumpsuit to the Miller hearing.
Shooter’s parents await trial
The shooter’s mother and father are also facing criminal charges in connection with the fatal mass shooting. In addition to allegedly neglecting their son and his emotional and mental health needs, as prosecutors argue, the parents are also accused of buying their son the handgun used in the shooting.
After months of the shooter’s parents attempting to get their case thrown out, the Michigan Court of Appeals in March upheld a ruling ordering them to stand trial on the four involuntary manslaughter charges they each face.
Oxford support resource
The All For Oxford Resiliency Center is offering extra support to the Oxford community while the Miller hearing is underway.
From 9 a.m. to 5 p.m. on July 28, 31, and Aug. 1, the center will have extra support staff and therapy dogs on site for people to stop in and visit, talk, eat, and have a safe place to process their emotions.
Visit their website here for more information.
Watch Friday’s hearing (a continuation from Thursday)
Part 5
Part 6
Part 7
Part 8
Part 9