PONTIAC, Mich. – The Oxford High School shooter’s long-awaited sentencing is scheduled to begin Friday, and is expected to include impact statements from several victims.
More than two years after murdering four students and injuring seven people in the Nov. 30, 2021, mass shooting, the Oxford shooter is facing a possible life sentence without the chance for parole. Despite being under the age of 18, Oakland County Judge Kwamé Rowe has ruled the shooter can receive the harshest possible sentence for the 24 felonies he’s been convicted of, which include first-degree murder and terrorism.
Though the sentencing hearing is scheduled to start at 9 a.m. on Friday, Dec. 8, it’s unknown exactly how long it might last. That’s because there’s a large number of people expected to make statements during the hearing through what are called victim impact statements.
The court has not publicly confirmed how many victims will speak, however, it is believed dozens of people will make statements during the hearing.
The sentencing hearing itself could last anywhere from hours, to days, to weeks, depending on how many victims intend to speak. It is possible that the Oxford shooter will not be officially sentenced on Friday.
---> How to watch sentencing hearing for Oxford school shooter on Friday
What are victim impact statements?
Under Michigan law, victims of a crime are given an opportunity to speak at the defendant’s sentencing hearing through what’s called a victim impact statement. During this time, a victim can express in court how the defendant and/or the crime has impacted them, their lives, and those around them, both physically and emotionally.
The defendant must be present to hear these statements, allowing victims to speak directly to the perpetrator, if they wish.
The Oxford shooter has pleaded guilty to murdering four students, and shooting and injuring seven other people on Nov. 30, 2021. There are far more victims associated with the crimes he’s been convicted of, however.
One of the crimes the shooter pleaded guilty to is terrorism causing death -- a first ever for a U.S. school shooter. Oakland County Prosecutor Karen McDonald said in 2021 that the charge may be unusual, but not inappropriate.
“What about all the children who ran, screaming, hiding under desks? What about all the children at home right now, who can’t eat and can’t sleep and can’t imagine a world where they could ever step foot back in that school? Those are victims, too, and so are their families, and so is the community. The charge of terrorism reflects that,” McDonald said.
Because of the terrorism conviction, Judge Rowe said there are 2,000 victims related to that charge that must be allowed an opportunity to speak. While it’s unlikely that all 2,000 victims, or anywhere near that number, would make impact statements during the Oxford shooter’s sentencing hearing, Michigan law requires they be given the opportunity.
Because the court has not publicly shared how many people will speak, or how much time they’ll be given to speak, it’s unknown how long the hearing may last. A lot of planning and coordination is required on behalf of the court and the corrections department to prepare for a multitude of victim impact statements.
For context, the sentencing hearing for former and disgraced gymnastics doctor Larry Nassar -- who was sentenced to decades in prison for sexual assault and child pornography -- lasted seven days. While Nassar was convicted of seven counts of criminal sexual conduct, 156 women and girls made victim impact statements during his sentencing hearing.
It’s also important to note, in the case of sentencing the Oxford shooter, that scheduling for attorneys on both sides could impact the length of the hearing.
The hearing is beginning on a Friday, so if it were to last more than one day, the earliest it might resume is the following Monday. But neither the attorneys nor the court have said if the hearing will extend into the next week, or if the days of the hearing would even occur consecutively.
Weeks ago, the shooter’s pre-sentencing Miller hearing lasted only a few days, but the hearing was spread out over the course of several weeks due to scheduling conflicts.
Why are victim impact statements important?
There are two types of victim impact statements in Michigan: written and oral.
Oral impact statements are made during the sentencing hearing, in which the defendant must be present to hear them. For victims, oral impact statements allow them to speak in a setting in which they are not being questioned, or cross-examined, as they would be if they testified during a defendant’s trial. In the case of the Oxford shooter, there was no trial, so victims have only been able to speak on court record as witnesses during certain hearings, such as the recent Miller hearing.
Written impact statements operate a bit differently.
Under Michigan law, victims are given an opportunity to provide a written impact statement that will be seen and reviewed by the judge handling the case. This statement would become part of a pre-sentence investigation report, if one is created, which means the statement is provided before a sentencing hearing occurs. The judge is meant to consider this statement as they decide how to sentence the defendant.
Because written victim impact statements are attached to the judge’s pre-sentence investigation report, they will follow the defendant around going forward. Meaning, if a convicted person is in jail and seeks parole down the road, the written impact statements will be associated with their record and may factor into a parole decision.
A victim impact statement “provides an opportunity to express in your own words what you, your family, and others close to you have experienced as a result of the crime,” the U.S. Department of Justice says. “Many victims also find it helps provide some measure of closure to the ordeal the crime has caused.”
Shooter may get life sentence
The now-17-year-old Oxford shooter has been convicted of 24 felony charges as an adult. Several of these charges, including the first-degree murder and terrorism charges, carry punishments of life in prison without the chance for parole.
Before the shooter could be sentenced, a so-called Miller hearing had to be held in order to determine if his age, or any other mitigating factors, might prevent him from facing life in prison without parole. This process is mandated by the U.S. Supreme Court, which requires judges to more closely consider sentencing for minors facing punishment of life in prison.
Oakland County Judge Rowe decided in September that the shooter could be sentenced to prison for life without the chance for parole, despite his age. The judge determined that the factors and evidence considered during the hearing did not effectively prove that the shooter shouldn’t face the harshest possible sentence.
However, a life sentence without parole is not necessarily guaranteed for the shooter, though it is possible -- and is the prosecution’s recommended sentence. The judge could decide to hand down a lesser sentence, though that sentence would still have to include decades of prison time.
The shooter will soon be sentenced for the following crimes that he pleaded guilty to in October 2022:
- 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.
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.
While it is not often that a minor is sentenced to life in prison without the chance for parole, the Oakland County Prosecutor’s Office has been pushing for the harshest punishment possible. Throughout the legal process, prosecutors have maintained that the shooter meticulously planned and carried out the violent execution, and did so to bring himself pleasure and fame.
Defense attorneys have attempted to paint the shooter as a troubled and mentally ill child who had a difficult home life in hopes of allowing him the option of parole down the line. Though the defense’s efforts were largely unsuccessful, the prosecution has repeatedly agreed that the shooter’s parents were neglectful, but says the shooter is still responsible for his actions.
Throughout the years, prosecutors have shared disturbing evidence with the court, giving insight into the shooter’s thorough plans for the massacre, and his apparent desire for violence. You can find more specific details and evidence in the articles linked below:
Shooter’s parents prepare to stand trial
The shooter’s parents have been charged separately, accused of failing to take steps that could have prevented the mass school shooting. The mother and father each face four involuntary manslaughter charges for the four students murdered by their son.
The parents were scheduled to stand trial in January, but recently requested separate trials, which they were granted. It’s believed that they will still stand trial starting in January.
A judge did decide that the parents are not allowed to attend their son’s sentencing hearing.