PONTIAC, Mich. – The sentencing hearing for the Oxford High School shooter was set to begin Friday morning, just more than two years after the fatal mass shooting rocked the Metro Detroit community.
Oakland County Judge Kwamé Rowe may hand down the harshest possible sentence to the now-17-year-old shooter, who has been convicted of murdering four students, injuring seven other people, and carrying out a terrorist attack on Nov. 30, 2021. Some of the convictions carry a punishment of life in prison without the chance for parole.
After moving through the legal process for years, the shooter’s sentencing hearing is scheduled to begin at 9 a.m. on Friday, Dec. 8. We’ll be streaming the hearing live online (in the video player above) and on our Local 4+ streaming app.
It’s possible that the shooter may not be sentenced Friday, however. The hearing may last more than one day because a large number of victims are expected to make victim impact statements.
Below, we’re breaking down important aspects of the sentencing and the case. But first, here’s a synopsis of some key facts and events leading up to the sentencing hearing:
- Who was killed: On Nov. 30, 2021, four students were fatally shot by the Oxford shooter: 14-year-old Hana St. Juliana; 16-year-old Tate Myre; 17-year-old Madisyn Baldwin; and 17-year-old Justin Shilling, who was pronounced dead the day after the shooting.
- Who was hurt: Seven other people were injured in the shooting, including six students and one teacher.
- Shooter charged: The then-15-year-old shooter was charged with 24 felonies as an adult in Oakland County, Michigan. The charges included: One count of terrorism causing death, four counts of first-degree murder, seven counts of assault with intent to murder, and 12 counts of possession of a firearm in the commission of a felony.
- Shooter’s plea: The shooter initially pleaded not guilty to all of the charges. As he waited to stand trial on those charges, it became known that he intended to invoke a plea of insanity. Then, in October 2022, the shooter changed his plea to guilty on all charges against him. He admitted to all of the crimes, and was officially convicted of them.
- Miller hearing: Because the shooter is a minor facing a possible sentence of life in prison, a U.S. Supreme Court ruling dictates that his sentencing must be considered differently. A so-called Miller hearing had to be held so the judge could determine if any factors, such as the shooter’s age and home life, would impact his sentencing. Judge Rowe ultimately decided the shooter could be sentenced to life in prison.
- Sentencing arrives: While the shooter faces a possible life sentence without ever being eligible for parole, it’s possible the judge could hand down a lesser sentence. Jail time is an absolute for the shooter either way, but a lesser sentence could include decades in prison as opposed to a lifetime.
Sentencing hearing: What to expect
The Oxford shooter’s sentencing hearing will likely begin as any other sentencing hearing would. What will happen after the hearing begins will be very unique to this case: A large number of victims are expected to make what are called “victim impact statements” during the sentencing hearing.
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, except in extraordinary circumstances, allowing victims to speak directly to the perpetrator, if they wish.
The shooter pleaded guilty to murdering four students and injuring seven other people, and people directly associated with those victims will be allowed to speak starting Friday. There are far more victims associated with the crimes the shooter has 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 about 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 sentencing hearing, Michigan law requires they be given the opportunity.
How long will the sentencing hearing last?
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, but more victims could be added to the last at the last minute.
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.
If the victim impact statements do not wrap up on Friday, Dec. 8, the Oxford shooter will not be sentenced on that date. The shooter will be sentenced at the very end of the hearing.
---> Why are victim impact statements important?
The shooter’s convictions
The shooter pleaded guilty to the following crimes 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.
---> Transcript: Oxford shooter admits to premeditated murder, terrorism amid prosecutor questioning
What was the Miller hearing?
Under Michigan law, the Oxford High School shooter is facing a mandatory sentence of life in prison without parole after being convicted of 24 felonies in connection with the mass shooting. But before the shooter could be sentenced, a pre-sentencing hearing called a Miller hearing had to be held first, because he is a minor.
A U.S. Supreme Court ruling dictates that sentencing must be considered differently for people under the age of 18 years old who are facing life sentences without the chance for parole -- even if they are charged and convicted as an adult, like the Oxford shooter was. Thus, a Miller hearing was held in which an Oakland County judge heard arguments for and against handing down the harshest possible sentence for the shooter.
The hearing included multiple days of arguments and witness testimony that spanned several weeks in late July and August. The fourth and final day of the hearing took place on Aug. 18. During the four-day hearing, the judge was presented expert testimony and reports, research, data, eyewitness accounts and more.
Overall, the judge had to consider five main factors to determine if they would impact how the shooter is sentenced:
- 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.
In the end, after considering the “Miller factors,” Judge Rowe ruled that the shooter could be sentenced to life in prison despite his age and circumstances.
---> Read more from the Miller hearing here
Disturbing evidence against shooter
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.
During the Miller hearing, prosecutors went through disturbing journal entries, text messages, and videos created by the shooter leading up to the tragic event. Some of this evidence has been shown in court throughout the last several months, but some evidence was new to the public. These writings were meant to help establish just how premeditated the violent attack was, and how much the shooter was looking forward to it.
Among that evidence was a video the shooter recorded the day before the shooting, in which he identified himself as the nation’s next mass school shooter, and explicitly outlined his plans and motive for the massacre.
---> Oxford shooter explains plans to ‘kill everyone’ in video recorded day before shooting
In many of the other documents, the shooter glorified weapons, violence, school shootings, and discussed how much he wanted to carry out the mass shooting.
The prosecution introduced several witnesses during the Miller hearing, including two high school students and an assistant principal who all directly experienced the shooting. Their emotional testimonies offered three perspectives of the horrific event, including details of their attempts to help students who were injured or killed, and the shooter’s actions. Many of those details were new to the public.
---> Oxford school staffer recalls shooting with ‘disbelief’ as judge considers sentence
While Oakland County Prosecutor Karen McDonald said she agrees it should be “exceedingly rare that a minor be sentenced to life without parole,” she and her team argue that the Oxford shooter is an exception and deserves the harshest punishment possible.
You can find more specific details and evidence in the articles linked below:
Shooter’s parents also charged
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.
---> Oxford shooter’s mom asks court to exclude more evidence from her trial