OXFORD, Mich. – The trial began Thursday for Jennifer Crumbley, the mother of the teenage boy who killed four people during a shooting at Oxford High School.
After two days of jury selection, Thursday began with opening statements as prosecutors tried to prove that Crumbley shares blame in the November 2021 shooting that took the lives of four students.
Here are some quick facts heading into the trial:
- Jennifer and James Crumbley are both facing four counts of involuntary manslaughter in connection with their son’s mass shooting. Those charges stem from the deaths of 14-year-old Hana St. Juliana, 16-year-old Tate Myre, 17-year-old Madisyn Baldwin, and 17-year-old Justin Shilling.
- The Crumbley parents were originally going to be tried together, but they asked for separate trials in November, and a judge granted their request.
- Defense attorneys Shannon Smith and Shaun Godwin represent Jennifer Crumbley. Oakland County Prosecutor Karen McDonald and assistant Prosecutor Marc Keast represent the people. Oakland County Circuit Judge Cheryl A. Matthews is hearing the case.
- The shooter was sentenced in December to life in prison without the chance of parole.
You can read all of Thursday’s updates below. We will have another live updates article when proceedings resume Friday.
Jury dismissed for Day 1
- 5:06 p.m. Thursday
The jury was dismissed for the day at 5:06 p.m.
Plans for Friday resumption
- 5:05 p.m. Thursday
Matthews asked jury members to return at 8:30 a.m. Friday to continue the proceedings.
Brett Brandon testimony ends
- 5:04 p.m. Thursday
The questioning of Brett Brandon ended at 5:04 p.m.
‘You don’t know much about this family’
- 5:01 p.m. Thursday
McDonald took issue with Smith saying Brandon “doesn’t know much about” the Crumbley family. She interrupted Smith when Smith tried to object to a line of questioning. The objection was abstained.
McDonald was trying to establish that through his investigation of the case, Brandon became very well versed on the Crumbley family in the ways that are relevant to the case.
Redirect: Brett Brandon
- 4:59 p.m. Thursday
McDonald clarified that while there are guns that do more damage than 9 mm guns, those guns would be more difficult to carry around and fire. He said that is the case.
She asked Brandon to summarize what he has reviewed in the case. He listed off the surveillance video, cellphone content, documents, and more.
Cross examination ends
- 4:58 p.m. Thursday
The defense ended its cross-examination of Brandon.
Math paper drawing
- 4:55 p.m. Thursday
Smith questioned Brandon about his conclusion that the gun the shooter drew on his math paper was the SIG Sauer. Brandon also said the ammunition drawn on the paper looks more like a 9 mm bullet than a 22-caliber bullet.
Smith said Brandon hasn’t spoken to the shooter about the drawing, nor was he present for any of the meetings at the school about the drawing. Brandon said that is correct.
The defense was essentially making a point that Brandon can’t say for sure what the shooter was trying to depict in the drawing.
Cross examination disconnect
- 4:50 p.m. Thursday
Smith wanted Brandon to say he doesn’t know if the gun lock was used and where it was stored inside the Crumbley house. Brandon and prosecutors took issue with the questioning.
The judge said, in essence, he obviously can’t know exactly how the gun was kept on any specific night because he doesn’t live with the Crumbleys. All sides agreed.
Gun lock use
- 4:47 p.m. Thursday
“When the gun was in the Crumbleys’ home in the days following James buying the gun, you don’t know if the cable lock was on the gun?” Smith asked Brandon.
He responded that when photos were taken, the cable lock was still in the bag and not inserted into the gun.
But beyond 6 p.m. the day it was purchased, Smith said Brandon can’t say for sure whether the cable lock was used or exactly where the gun was kept inside the home.
Gun gifted to shooter
- 4:44 p.m. Thursday
Smith said Brandon isn’t a member of the Crumbley family, so even if the SIG Sauer was a gift for the shooter from his parents, he doesn’t know the terms and conditions surrounding that gift.
She said he doesn’t know whether the shooter was allowed to possess the gun at all times or if it was kept somewhere by the parents.
Shooter’s videos of gun
- 4:39 p.m. Thursday
When she cross examined Brandon about the videos the shooter send holding the guns in his home, Smith highlighted that he didn’t know whether either parent was in the room. He said all he knows is that the parents were in the home because of location history.
Smith said the shooter could have been embellishing the situation to try to impress his friends when he wrote that his dad had left the gun out.
Safe code
- 4:29 p.m. Thursday
Smith asked about the combination code to the gun safe that was found in the Crumbleys’ kitchen. Brandon had previously said that the code to the safe was “000″ -- which is the factory default code.
She clarified that he didn’t know that the combination was at the time when it was in possession of the Crumbleys.
Brandon said he knows that “000″ is the combination that was used to open the case by officials. She asked if he was physically present and watching when that combination was used to open the case. He said he was not.
Search warrant questions
- 4:26 p.m. Thursday
Smith asked if there were BB guns in the Crumbley household and targets in the backyard when officials searched the home. Brandon said yes.
Smith established that the shooter had an interest in firing weapons and shooting at targets. Brandon agreed.
Common knowledge that guns are dangerous
- 4:17 p.m. Thursday
Smith asked Brandon if it’s “common knowledge” that guns are dangerous. He said yes. She said it doesn’t take a pamphlet to tell someone that a gun is dangerous.
Smith said there’s clear evidence of the shooter and his father purchasing guns and going to gun ranges.
During cross examination, the defense was trying to establish that the shooter knew guns are dangerous. Smith was also trying to show that the shooter had adequate information to know that guns are dangerous, regardless of his mother’s actions.
Smith said it’s clear that the shooter had knowledge of how to load guns and insert magazines. Brandon agreed that the shooter knew how to handle and fire the gun.
Defense clarifications
- 4:10 p.m. Thursday
Smith clarified that it’s not against federal or state law for a minor to touch a gun or shoot one at a gun range. Brandon agreed.
He also agreed that there is no federal or state law for how firearms must be stored inside a person’s home.
Smith clarified that the two other guns owned by the Crumbleys were inside a gun safe.
Smith also established that there are larger types of ammunition that 9 mm, and that there are 9 mm guns that are legal for citizens to purchase. Brandon agreed.
Cross examination: Brett Brandon
- 4:08 p.m. Thursday
Defense attorney Shannon Smith cross examined Brandon after he had spent more than two hours answering questions from prosecutors.
ATF agent on shooter’s drawing
- 4:06 p.m. Thursday
Brandon said he believes the gun and ammunition drawn in the photo by the Oxford High School shooter depicted the SIG Sauer and 9 mm ammunition, specifically.
That drawing sparked the meeting between the shooter’s parents and school officials.
Brandon explained to the jury the similarities between the actual handgun and the drawing that made him believe that’s the specific gun the shooter was depicting.
Instagram post shows target
- 4:04 p.m. Thursday
The shooter posted an Instagram photo at 2:02 p.m. Nov. 27, 2021, showing one of his targets.
“Took my new Sig out to the range today,” the post said. “Definitely need to get used to the new sites lol.”
Jennifer Crumbley then posted her own Instagram gallery one minute after her son’s post, Brandon said.. Hers included three images.
“Mom and son day testing out his new Christmas present,” she wrote. “My first time shooting a 9 mm I hit the bullseye.”
End of gun range video
- 3:57 p.m. Thursday
McDonald broke the silence at 3:57 p.m. when video showed Jennifer Crumbley throwing away the presumably empty box of ammunition.
Jennifer Crumbley grabbed her purse and the shooter put the SIG Sauer and three empty magazines back in the gun case, Brandon said. The shooter then rearranged the items in the pistol box and closed the latches, video shows.
They left the shooting area and took off their earmuffs. Jennifer Crumbley was carrying the gun case, while the shooter carried the used targets and the remaining box of ammunition.
Full gun range video played in court
- 3:54 p.m. Thursday
The video of Jennifer Crumbley and the shooter at the gun range on Nov. 27, 2021, was played almost without interruption in court. Brandon provided commentary early in the video, but it continued in silence after it became clear what was happening.
Prosecutors started the video at 3:34 p.m., and it continued for more than 20 minutes.
Update: The video was stopped at 3:59 p.m.
Jennifer Crumbley shoots at range
- 3:44 p.m. Thursday
When the shooter brought the new target over, Jennifer Crumbley went with him. He showed her how to load the magazine into the gun and then stepped back as she fired a few shots at the target.
He then brought her target back to her against the far wall, the video shows.
Brandon said the shooter and Jennifer Crumbley each took one more turn before leaving. They discarded an empty 50-round ammunition box as they left, he said.
Shooting range video
- 3:36 p.m. Thursday
Video appeared to show Jennifer Crumbley walking into the range with her son and handling the SIG Sauer case and two boxes of ammunition.
She put her earmuffs on and helped the shooter put his on afterward. They then continued into the firing area, where the shooter loaded ammunition into the magazines.
The shooter carried the SIG Sauer up to the range and placed a target on the cardboard. Video shows him inserting the loaded magazine before firing several rounds. Jennifer Crumbley stood back behind him, against the far wall.
When the shooter had emptied the magazine, he brought his target back and swapped it out for a new one.
Jennifer Crumbley goes to gun range
- 3:32 p.m. Thursday
Brandon said on Nov. 27, 2021, Jennifer Crumbley and her son went to a gun range and bought two 50-round boxes of 9 mm ammunition.
James Crumbley was working as a DoorDash driver that day, Brandon said.
Surveillance video from the gun range shows Jennifer Crumbley walking into the store with the SIG Sauer case. She placed it on the counter and her son waited behind her, the video shows.
Court back in session
- 3:27 p.m. Thursday
Court was called back into session and the prosecution continued its questioning of Brandon.
Judge returns
- 3:21 p.m. Thursday
Judge Matthews is back in the room.
Jennifer Crumbley returns to courtroom
- 3:20 p.m. Thursday
Jennifer Crumbley returned to the courtroom from break. Her defense team was already seated.
Brandon is also in the courtroom. His testimony will continue once court resumes.
Questions about exhibits used during ATF agent’s testimony
- 3:13 p.m. Thursday
The court remains in a break.
Prosecutors have used several pieces of evidence during their questioning of Brandon, including screenshots of messages, videos at gun ranges, videos at the Crumbley home, physical guns, gun cases, a gun safe, and messages that include videos.
Defense attorney Shannon Smith has spoken up multiple times to clarify which exhibits are being displayed and referenced. She said she did not receive all these pieces of evidence exactly as they’re being shown in court.
Summarizing ATF agent’s testimony so far
- 3:06 p.m. Thursday
ATF Special Agent Brett Brandon has been on the stand for about an hour and 40 minutes before this break.
Prosecutors are trying to establish that the shooter was proficient with guns and that Jennifer Crumbley was aware of the extent of his training.
Brandon has talked about what he noticed about the shooter’s handling of the SIG Sauer handgun on surveillance video. McDonald had him describe the gun cases that were found in the home, clearly suggesting that the Crumbleys didn’t secure their firearms well enough.
Facebook messages between the two parents have also been used to link Jennifer Crumbley to her son’s trips to the gun range, even though she wasn’t there in person.
Watch: First portion of Brett Brandon’s testimony
- 3:02 p.m. Thursday
Here is video of Brett Brandon’s testimony from the beginning to the break just before 3 p.m. Thursday:
This is about 90 minutes of his testimony, which continued after the break.
Court takes break
- 2:59 p.m. Thursday
A juror asked the judge if the court could take a break, and Matthews agreed.
Matthews said she was waiting for a natural break, such as right before cross-examination of Brandon. But prosecutors said they probably still have 30 minutes of questioning left with him.
Matthews said the break will last until around 3:15 p.m.
Instagram posts
- 2:55 p.m. Thursday
Prosecutors showed several Instagram posts from Nov. 26, 2021, by the shooter. That was the day James Crumbley bought the SIG Sauer gun used in the shooting.
Video at gun range
- 2:49 p.m. Thursday
Surveillance video from inside a gun range shows James Crumbley and the shooter walking up to the counter on Sept. 25, 2021. Video shows them buying targets and setting up at one of the stations.
The shooter was seen with the Kel Tec P-17 pistol and another gun that had been rented.
He fired shots at the range while James Crumbley stood behind and watched, according to Brandon.
Location information
- 2:44 p.m. Thursday
Location information from their phones suggest both parents were home when their son was filming those videos with the guns, Brandon testified.
Videos sent by shooter
- 2:40 p.m. Thursday
Prosecutors also showed videos that were sent by the shooter. In those videos, he appeared to be holding guns and turning them to display them in the video.
Brandon said these videos are a concern to him because of the ATF youth safety rules. He admitted he can’t confirm that adults weren’t present at the time of those videos.
“My dad left it out so I thought, ‘Why not,’ lol,” the shooter posted with the video, according to the prosecution.
Videos of shooter at gun range
- 2:32 p.m. Thursday
Prosecutors also showed two videos of the shooter firing guns at a gun range.
The first video shows the shooter using the Kel Tec P-17 pistol, and the second shows him with the Cobra Classic ENT Derringer.
Facebook messages show that Jennifer Crumbley received the video of their son shooting the Derringer from her husband.
She posted a video of her husband and son on Instagram, according to Brandon.
“(Shooter) and James Crumbley both got hand outs this week,” Jennifer Crumbley posted as an Instagram story. “Testing them out at the range.”
Another video shows the shooter firing the Kel Tec P-17 pistol in another spot at the gun range. Jennifer Crumbley posted the video on her Instagram story, according to Brandon.
Facebook messages
- 2:27 p.m. Thursday
Facebook messages between the Crumbley parents were also shown to establish that Jennifer Crumbley was aware of her son going to the gun range.
Evidence of Crumbleys at shooting ranges
- 2:23 p.m. Thursday
After he noticed signs that the shooter had been trained with a gun, Brandon said he investigated whether the Crumbleys had gone to nearby gun ranges.
He was told that the shooter had been to a popular gun range in Clarkston. Specifically, he learned that the shooter had visited the range on Sept. 25, 2021, and Nov. 27, 2021 -- three days before the shooting.
Shooter’s proficiency with gun
- 2:21 p.m. Thursday
Brandon said there were three factors that made him believe the shooter was proficient with a firearm:
- His shooting stance.
- His tactical magazine exchange (reloading).
- When he exited the bathroom where he eventually gave himself up, he ejected the magazine from the gun and placed it on a trash receptacle, essentially making the gun safe.
The shooter used one arm for the majority of the first part of the shooting, Brandon said. He took a two-handed grip and a wide shooter’s stance when he saw Tate Myre, according to Brandon.
As he moved forward, he stopped and took aim down the hallway, Brandon said.
The defense objected to this questioning, saying that this isn’t the trial for the shooter. But prosecutors said the line of questioning is intended to demonstrate the shooter’s proficiency with a gun.
When Brandon first saw video of the shooter’s handling of the gun, he remarked that the shooter had likely had practice at a firing range.
“There were 32 fired shell casings recovered from the school,” Brandon said. “This SIG Sauer is a 15-round magazine, and you can also fit an additional round in the chamber for a total of 16 rounds.”
Brandon said the shooter reloaded without an empty magazine, which is something Brandon learned at ATF training to do when you want to make sure you always have enough ammunition. That was notable to him in determining.
“There was some level of firearms training exhibited in the surveillance video,” Brandon reiterated.
Gun sale details
- 2:14 p.m. Thursday
A document from the gun sale showed that a lock and a case were included in the sale of the SIG Sauer, Brandon confirmed.
Guns weren’t registered
- 2:12 p.m. Thursday
Brandon said none of the three weapons owned by James Crumbley were registered, though there was still a reasonable amount of time to register the SIG Sauer used in the school shooting.
McDonald clarified that having a Concealed Pistol License is different than registering guns after purchase.
Why volume disappears during sidebar
- 2:09 p.m. Thursday
When the judge goes into a sidebar that’s off the record, we are required to cut the audio. Those conversations cannot be broadcast.
That’s why the sound on the live stream was turned off when lawyers approached the bench.
Defense asks to approach stand
- 2:07 p.m. Thursday
While prosecutors were questioning Brandon, Smith asked to approach, and the judge granted her request.
They spoke for about 3-4 minutes before retaking their places. McDonald then continued her questioning of Brandon.
Case for gun used in shooting
- 2:01 p.m. Thursday
The pistol case for the SIG Sauer used in the school shooting was found on the bed inside the parents’ bedroom, next to an empty box of ammunition, according to Brandon. It had been moved by officials to another location in the house by the time he examined it, he said.
McDonald pointed out that the clamps on the case make noise when they’re opened and closed.
Gun cases found at Crumbley home
- 1:53 p.m. Thursday
He said the gun case for the Kel Tec P-17 pistol was found in a kitchen cabinet inside the Crumbley house. A cable lock was inside the case
When he saw the cable lock, Brandon said it didn’t appear the cable lock had ever been used, and if so, it had been used very little.
A small gun safe holding the Cobra Classic ENT Derringer and the Kel Tec P-17 pistol was found in the Crumbley parents’ bedroom, Brandon said. He said the SIG Sauer is too large to fit inside that gun safe, even if there is nothing else inside the safe.
Defense objects to line of questioning
- 1:46 p.m. Thursday
Smith objected to McDonald’s questioning of Brandon about the details of the guns. She said there’s no way the prosecution can prove the gun was bought with the intention to kill people or that Jennifer Crumbley had any knowledge of those gun specifics.
The judge agreed it was a bad question, but McDonald was allowed to continue.
In the end, the point of the questioning was to clarify that the gun used in the school shooting could do more damage than the other two guns owned by James Crumbley.
Search warrant at Crumbleys’ house
- 1:37 p.m. Thursday
Officials at the scene were preparing a search warrant for the Crumbley home in Oxford, Brandon said.
He said he was part of the search at the home and determined that James Crumbley had bought two other guns from the store: a 22-caliber Cobra Classic ENT Derringer and a 22-caliber Kel Tec P-17 pistol.
Brandon confirmed the murder weapon in court.
Tracing gun used in shooting
- 1:31 p.m. Thursday
When Brandon entered the high school, he said officers were making their second sweep through the building to make sure it was safe.
He learned that the shooter was in custody.
Brandon spoke to the lieutenant in charge at the scene and asked if he could observe the firearm that was used in the shooting. He wanted to trace the gun.
“I wanted to physically inspect it to make sure the information I was getting was accurate,” Brandon said. “That’s our primary role in a situation like this.”
The gun and magazines had been placed in a trash bin by law enforcement and he was allowed to take pictures and start the tracing process.
He said the gun was a 9 mm SIG Sauer SP2022. He traced it from its manufacturer to the licensed gun store to someone in Rochester who had purchased it from the store. That person sold the gun back to the store in Oxford, and then that store sold it to James Crumbley, according to Brandon.
Responding to Oxford High School shooting
- 1:26 p.m. Thursday
Brandon said he heard about the shooting at Oxford High School shortly afterward and immediately left to go to the scene.
Brandon said as he got closer to the school, there was a “caravan” of emergency vehicles heading in that direction.
He was on the way when he learned that there had been shooting victims and deaths.
It took him about 35 minutes to get to the high school.
Witness: Special Agent Brett Brandon
- 1:22 p.m. Thursday
Special Agent Brett Brandon is with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). He is currently assigned to the Pontiac Gun Violence Task Force, which investigates the criminal use of firearms in shootings.
Brandon investigates gun crimes that happen in the state of Michigan. He is the federal agent assigned to the Oxford High School shooting investigation.
Jury returns
- 1:21 p.m. Thursday
The jury returned to the courtroom and Matthews reiterated that they shouldn’t talk about the case.
Jury members approached
- 1:20 p.m. Thursday
Matthews said potential jury members from a different case were approached during the lunch break and asked if they are part of the jury for Jennifer Crumbley’s trial.
Matthews said authorities are investigating and if she finds out that someone was jury tampering, they will be taken into custody.
Court back in session
- 1:18 p.m. Thursday
Jennifer Crumbley returned and court has been called back into session.
Judge, prosecutors return
- 1:14 p.m. Thursday
Judge Matthews and the prosecutors returned to the courtroom. Matthews said the jury members are on their way.
Defense returns to courtroom
- 1:11 p.m. Thursday
Jennifer Crumbley’s defense team has returned to the courtroom.
Explaining assistant principal’s testimony without video
- 1:08 p.m. Thursday
Cameras were not allowed to stream or record a particular piece of evidence during the trial: surveillance footage from inside Oxford High School showing Gibson-Marshall at the time of the shooting.
Paula Tutman was inside the courtroom and described some of what that video was showing, juxtaposed with Gibson-Marshall’s verbal testimony.
Here’s her explanation:
Jury clarification: Why 17 members?
- 12:55 p.m. Thursday
There are 17 jury members, but only 12 will actually sit for deliberation. Five of the jury members are alternates, but nobody involved in the case know who those alternates will be once deliberation begins.
What stood out inside courtroom
- 12:47 p.m. Thursday
Local 4′s Paula Tutman said a couple of things stood out inside the courtroom.
The first is that this is a precedent-setting case. This case could set precedent, so there’s a tightrope that has to be walked as the prosecutor makes it clear that parenting is not what’s on trial.
Another was during Smith’s opening statement, when she said, “Bandaids don’t fix bullet holes.” It was surprising for some to hear a defense attorney start with a Taylor Swift lyric in an involuntary manslaughter case.
Paula said one jury member cocked their head to the side when they heard the reference.
Smith has also used the shooter’s name four times so far after the judge asked that the name not be spoken.
The final thing that stood out to Paula was when the judge ordered media cameras be turned off for a scene from inside Oxford High School that shows a victim. It was a difficult video to watch, and it was clear that members of the jury were bracing themselves for what they were about to see.
Jury during lunch
- 12:36 p.m. Thursday
Judge Matthews told jurors that they are allowed to leave the building during their lunch break, but she also instructed them not to talk about the case, even amongst each other.
Their lunch was provided in the cafeteria of the courthouse.
What’s happened so far
- 12:22 p.m. Thursday
So far, the prosecution has called three witnesses to the stand in the first three hours of the trial.
Molly Darnell and Kristy Gibson-Marshall talked about their experiences inside Oxford High School on the day of the shooting, and Cammy Back described the purchase of the gun that was used by the shooter.
Lunch break
- 12:09 p.m. Thursday
The court took a break for lunch.
The judge asked the jury to return at 1:10 p.m. to resume the proceedings.
Redirect: Cammy Back
- 12:06 p.m. Thursday
Keast asked Back if James Crumbley shopped around in the store or went right to the SIG Sauer when he bought the gun.
“He went right to that gun,” Back said.
Smith objected to the question, but she was overruled.
Back said James Crumbley paid with cash.
Smith clarifies details of gun purchase
- 12:04 p.m. Thursday
Smith asked Back if a parent has a right to take their child to a shooting range or out to hunt, and Back said yes.
Smith clarified that the SIG Sauer would have been sold with a lock -- either a cable lock or a trigger lock -- and that it would be provided by the store if it didn’t come with one from the manufacturer.
Back said she doesn’t remember ever seeing Jennifer Crumbley in the store.
Cross examination: Cammy Back
- 11:56 a.m. Thursday
Smith clarified that the guns were purchased by James Crumbley, according to the receipts. She pointed out that Jennifer Crumbley’s name doesn’t appear anywhere on those receipts.
She went through the seven relevant exhibits one at a time -- including the receipt for the SIG Sauer purchase on Nov. 26, 2021 -- and got confirmation from Back that Jennifer Crumbley’s name isn’t on any of them.
Smith pointed out that Back said she has direct memory of the Nov. 26, 2021, purchase. She clarified that it was only James Crumbley and his son at the store and that Back didn’t notice anything concerning that would have made her hesitant to sell them the gun.
Cable lock
- 11:54 a.m. Thursday
Back said James Crumbley received a cable lock with his gun when he bought it on Nov. 26, 2021.
Gun purchase
- 11:45 a.m. Thursday
Back said she remembers selling a gun to James Crumbley, the father of the shooter, on Nov. 26, 2021. His 15-year-old son was with him at the time.
The shooter did not interact with Back during the purchase, she said.
Keast showed Back receipts from purchases at the gun store that had James Crumbley’s name on them. She said the receipts suggest that there was a delay in checking the background information.
Back said gun locks are provided by the store with the purchase of a firearm unless the manufacturer has already provided one as part of the purchase.
Keast clarified several gun sale laws with Back, including that it would be illegal for a 15-year-old to walk in and buy a gun.
Witness: Cammy Back
- 11:41 a.m. Thursday
Cammy Back is the office manager at a gun store in Oxford. She said she previously worked at the counter for gun sales.
Lawyer dispute
- 11:35 a.m. Thursday
You can read the full transcript of the dispute between McDonald and Smith here.
Here is video of the exchange:
Break begins
- 11:21 a.m. Thursday
The break officially began at 11:21 a.m. after the interaction between McDonald and Smith.
Crumbley was led out of the courtroom at 11:22 a.m. -- deputies said they were instructed by their superior to take her downstairs during every break.
Prosecutor, defense lawyer dispute over crying in court
- 11:18 a.m. Thursday
McDonald requested to be on the record before the break and took issue with Crumbley and Smith sobbing in front of the jury. She said prosecutors were instructed not to show emotion.
Matthews said sometimes emotion is involuntary.
“This is a very emotional situation for everyone here,” Matthews said. “I didn’t tell anybody not to show emotion. Some emotion is involuntary.”
“I just think it should apply to both sides,” McDonald said.
Smith said she was not sobbing. She said she has not seen the video that was used during Gibson-Marshall’s testimony.
Court takes break
- 11:16 a.m. Thursday
The defense requested a 10-minute break after the emotional testimony from Gibson-Marshall, and the request was granted by the judge.
No cross examination
- 11:15 a.m. Thursday
The defense did not cross-examine Gibson-Marshall.
Gibson-Marshall speaks to shooter
- 11:04 a.m. Thursday
Gibson-Marshall said she asked the shooter if everything was OK and he didn’t respond. She said she knew at that point that he was the shooter.
He didn’t point the gun at her, but passed by, she said.
She went to the injured student -- Tate Myre -- and said over her walkie talkie that she had eyes on the shooter and that there was an injured student.
Gibson-Marshall describes encounter with shooter
- 11:04 a.m. Thursday
When she got to the end of the hallway, she turned left to go toward where she was hearing gunshots.
“I saw a student lying on the ground,” Gibson-Marshall said. “His face was covered. As I continued a couple of steps, I could see another student walking in my direction. His arm was up -- he had just dropped his arm.”
She told the student who was on the ground to stay where he was, but he didn’t respond.
Gibson-Marshall said she could tell who the shooter was when he drew closer.
“When he got close enough to me that I could -- about three feet apart,” Gibson-Marshall said. “I asked him if he was OK. It just didn’t seem right that it would be him.
“I knew it was the shooter when it was down the hallway. I could see a gun.”
Gibson-Marshall describes day of shooting
- 10:57 a.m. Thursday
Gibson-Marshall said she was in the cafeteria before the shooting.
She realized something was wrong when she approached the courtyard where senior students hang out after lunch. A student she knew well ran past and said, “Get the hell out of there.”
Some of the first students she saw running appeared to be laughing, Gibson-Marshall said. But as more students passed, their faces became more series.
“I started to get very worried, and that’s when I grabbed my walkie talkie,” Gibson-Marshall said.
When she heard the announcement, she was supposed to lock down, but instead, Gibson-Marshall went to check the hallways “to make sure people were OK.”
“The hallways cleared so fast,” Gibson-Marshall said. “I proceeded down the hallway. I was the only one in the hallway at that point. First, I smelled something. ... I later figured out that it was gunpowder. Then I heard two gunshots.”
She said she was walking toward the gunshots. She didn’t see anybody else in the hallway.
Witness: Kristy Gibson-Marshall
- 10:55 a.m. Thursday
The next witness called by the prosecution was Kristy Gibson-Marshall, the assistant principal at Oxford High School.
She said her role is supporting students. She has been in education for 29 years. Previously she was a teach and an elementary school principal.
Gibson-Marshall said she was the principal at the shooter’s elementary school when he was in the fourth and fifth grades.
No cross examination
- 10:51 a.m. Thursday
The defense did not cross-examine Darnell.
Shooting aftermath
- 10:41 a.m. Thursday
Darnell said there was “absolute silence” after her encounter with the shooter. Then she heard footsteps.
She texted the teacher next door that she had been shot. She estimates it was about 15-18 minutes after she was shot.
When someone came to her door to help, she said she didn’t trust that it wasn’t the shooter at the door.
“Everything that I knew to be reality, wasn’t,” she said. “I said, ‘I’m in here.’ He said, ‘Are you OK?’ I don’t remember how I responded. It was within a second or two that then there were police at the door.”
Darnell told officers that she was injured. When she opened the door, two officers scooped her up and there were four others with guns nearby.
She was taken to the hospital for treatment.
Darnell shows jury bullet wound
- 10:37 a.m. Thursday
Darnell stood up and showed the jury her scar from the shooting. She showed where the bullet entered and exited the back of her left arm.
She had turned her cardigan into a tourniquet to stop the bleeding.
Darnell’s encounter with shooter
- 10:26 a.m. Thursday
When she went to close her door, Darnell said she saw someone dressed in dark oversized clothing, a mask, glasses, and a hood through the glass pane.
“I lock eyes with him,” Darnell said. “I didn’t know if it was a student. I locked eyes, and instantly I see some movement. So I look down and I realize he’s raising a gun to me.”
She moved away from glass panel of the door. As she jumped to the side and turned her body, she felt a “burn like hot water had stung her” in her left shoulder.
“I feel that hot burn go through my arm and I turn back,” Darnell said.
She said she turned back and saw a bullet hole in the window that looked out to a courtyard.
She installed the Nightlock on the door, put a rolling cart in front of it and crawled away to hide in case the shooter came in, Darnell said.
As she hid from the shooter, Darnell said she realized blood was dripping down her arm, but she wasn’t sure it had registered yet that she had been shot.
Darnell describes ‘commotion’
- 10:20 a.m. Thursday
“I looked up from my laptop and I see a bunch of kids running through the hallway -- a pack of kids,” Darnell said. “I couldn’t tell if it was excited -- it was higher-pitched, though. It was almost like some of their hands were extended, like they were moving quickly.”
She said the sounds and the way they were moving made it unusual.
“I exited my office,” Darnell said. “I believed that there was possibly a fight. So I run out of my office. I’m about midway from where 222 is, and I see all those kids exiting out of Door 4. So I know there’s not a fight.
“I paused for a second, because I’m thinking, ‘What’s going on?’ ... I walk into my office, and I’m like, ‘What could possibly be happening in this moment?’”
She said she heard three things happen all very quickly: Three loud pops, doors slamming, and the principal coming over the PA to put the school under lockdown.
Witness: Molly Darnell
- 10:15 a.m. Thursday
Molly Darnell is a teacher at Oxford Schools and has been there since the 1998-1999 school year. At the time of the shooting on Nov. 30, 2021, she worked with English language arts, mostly on curriculum with teachers.
She said around 12:50 p.m. the day of the shooting, a student had dropped in to chat with her in her office at the beginning of time between classes. The student left and she was sitting at her desk when she heard a “commotion.”
Court back in session
- 10:13 a.m. Thursday
Matthews returned to the chair at 10:12 a.m. and the jury entered the courtroom a moment later. Court was officially called back into session at 10:13 a.m.
Jennifer Crumbley returns
- 10:08 a.m. Thursday
Jennifer Crumbley returned to the courtroom with two Oakland County Sheriff’s Office deputies. She returned to her seat next to Smith.
They are awaiting the return of the judge and jury.
Watch: Defense attorney’s full opening statement
- 10:04 a.m. Thursday
Here is video of defense attorney Shannon Smith’s full opening statement:
Court takes short break
- 9:51 a.m. Thursday
Matthews said the court would take a 10-minute break after opening statements.
Defense says school kept information from Crumbley
- 9:50 a.m. Thursday
Smith listed a number of concerning signs that weren’t revealed to Crumbley by the school. She asked that when the prosecution presents evidence, jury members pay attention to whether Crumbley was even aware that it existed.
Jennifer Crumbley will take stand during trial
- 9:47 a.m. Thursday
Smith said Jennifer Crumbley will take the stand during this trial and talk about the day of the shooting.
Smith: Crumbleys didn’t try to run
- 9:46 a.m. Thursday
Smith says Crumbley parents left and went to a hotel after the shooting because there were riots outside their home. They were trying to digest what happened and get their plans in order, not run, according to the defense.
Smith said they found out they were charged with manslaughter when Oakland County officials held a press conference. They asked to stay at a friend’s art studio and and made plans to turn themselves in the next morning.
“Overnight, (Oakland County officials) have a statewide search, claiming that James Crumbley and Jennifer Crumbley are running, they are fleeing, they are trying to avoid charges,” Smith said. “And it couldn’t be further from the truth.”
She said they weren’t hiding -- they were standing outside their car talking on the phone and smoking cigarettes.
“There’s absolutely no evidence to suggest that they’re fleeing,” Smith said.
Body camera footage will show that the Crumbleys were asleep when officers found them, and that they cooperated fully, according to the defense.
Watch: Prosecutor’s full opening statement
- 9:42 a.m. Thursday
Here is video of Oakland County assistant Prosecutor Marc Keast’s full opening statement:
Smith: ‘Jennifer freaks out’ at drawing
- 9:39 a.m. Thursday
Smith said her client didn’t take it lightly when she saw her son’s drawing.
“Jennifer freaks out when she sees the drawing,” Smith said. “She’s urgently texting her husband, ‘Emergency, call me now.’”
Smith said Crumbley left work and rushed to school, where she met with her husband, her son, and school officials.
The shooter explained the drawing and what it meant during the meeting.
Smith asks jury to be skeptical of way evidence is framed
- 9:35 a.m. Thursday
Smith asked the jury to keep an open mind when evidence is presented by the prosecution until the defense has time to respond.
As an example, she said prosecutors will try to make it sound like the shooter’s parents were neglecting their son when they were out horse riding, just because he was home alone and claiming a demon was at home in the house.
She said these “slivers of evidence” don’t paint a full, accurate picture.
‘Bandaids don’t fix bullet holes’
- 9:26 a.m. Thursday
The first thing Smith did during her opening statement was reference a Taylor Swift lyric.
“‘Bandaids don’t fix bullet holes’ -- and that’s what this case is about,” Smith said. “It’s about the prosecution trying to put a bandaid on problems that can’t be fixed with a bandaid.”
She told jury members that what the prosecution shows them will be horrifically sad and tragic, but that evidence is about the shooter, not his mother.
Defense makes opening statement
- 9:25 a.m. Thursday
Defense attorney Shannon Smith made her opening statement next.
Keast: ‘Her first instinct was to lie. Her second was to run’
- 9:21 a.m. Thursday
Keast talked about the prosecution’s plan to prove Crumbley’s guilt. He said she had a “willful disregard of danger” up until the shooting. He also accused her of fleeing after the shooting until she was taken into custody in Detroit.
“Her first instinct was to lie,” Keast said. “Her second was to run.”
He said Crumbley didn’t pull the trigger, but that doesn’t mean she isn’t guilty.
“She’s not charged with murder -- she’s charged with involuntary manslaughter,” Keast said. “It’s rooted in negligence.”
He said it’s not illegal to be a bad parent, and the purpose of the case is not to put restrictions on gun owners.
‘She chose to do nothing’
- 9:15 a.m. Thursday
Keast said Crumbley chose to do nothing when a drawing created by her son by sent to her by a school counselor about three hours before the shooting.
He said Crumbley didn’t look at the drawing as a stranger would because she had context about her son’s feelings that were behind it.
He also talked about the meeting at the school before the shooting.
Opening statements begin
- 9:12 a.m. Thursday
Opening statements began with assistant Oakland County Prosecutor Marc Keast.
Keast showed pictures of the four students who were killed at Oxford High School and a screenshot of Jennifer Crumbley’s social media post after her husband bought their son a handgun.
“The evidence will show you that the shooter was in a downward spiral months before the shooting,” Keast said.
Judge instructs jury not to talk about case
- 9:05 a.m. Thursday
Matthews told jurors they are not allowed to speak to anyone about the case, including each other (until it’s time for them to make a decision).
“You may see one of the lawyers in the hallway and they won’t even say ‘good morning’ to you for this reason,” Matthews said.
They are also disallowed from doing outside research on the case, including watching the news or reading about the Crumbleys on the internet.
‘Failure to provide ordinary care’
- 8:59 a.m. Thursday
Prosecutors will try to prove that the Crumbleys knew their son posed a danger to others but still failed to provide “ordinary care” that could have prevented the mass shooting.
McDonald and her team claim ordinary care could’ve come in the form of taking their son home from school when called in for a meeting the morning of the shooting or searching his backpack for the recently purchased gun.
Officials also said the parents should have stored the gun more securely at their home, among other things.
Michigan law doesn’t define one specific manner of “ordinary care,” prosecutors said in March. Parents have a “duty of care,” which is their legal obligation to exercise reasonable care for their children -- providing food, housing, schooling, and health care (including mental health).
Jury instructions
- 8:44 a.m. Thursday
Judge Cheryl Matthews read the jury instructions, outlining some of the background information about the case and the expectations for the jury members.
Jennifer Crumbley arrives
- 8:44 a.m. Thursday
Jennifer Crumbley entered the courtroom and sat down next to Smith.
What is ‘gross negligence’?
- 8:41 a.m. Thursday
The prosecution’s case against the Crumbleys relies heavily on their ability to prove that they were grossly negligent.
In Michigan “gross negligence” means someone has willfully disregarded what might happen to others as a result of their own act or failure to act, according to the state.
Specifically, in this case, the Crumbleys are accused of showing a lack of concern about their son’s emotional state. They are accused of ignoring warning signs about what he might do to himself or others.
Defense’s argument
- 8:28 a.m. Thursday
The defense team for Crumbley said then that she could have gotten her son into therapy, but she wasn’t well equipped to handle several factors in this case.
“I will concede that these parents made tremendously bad decisions,” Smith said, in part, during court proceedings in March 2023.
But the defense argues that Crumbley could not have foreseen the mass shooting based on what she knew.
Prosecutors claim ‘gross negligence’
- 8:14 a.m. Thursday
Oakland County prosecutors accuse the Crumbley parents of being grossly negligent by failing to provide their son with proper care when he was struggling with mental health issues.
They bought the teenager a handgun and disregarded concerns that were brought up by Oxford High School staff members leading up to the shooting, according to prosecutors.
Excluded evidence
- 7:59 a.m. Thursday
A judge granted a request from Crumbley’s defense team that will exclude certain evidence related to the shooter from being presented at trial.
Lawyers asked Matthews to exclude certain evidence to avoid unnecessary prejudice against the Jennifer Crumbley, including the parents’ infidelity, content from the shooter’s additional Instagram accounts, the messiness of their home, the presence of alcohol and marijuana in the home, the shooter’s internet searches, and the shooter’s Nazi coin.
Most of that evidence will be excluded due to a lack of relevance or because it doesn’t appear the shooter’s parents were aware of its existence (such as the extra social media accounts).
On Dec. 11, Matthews also agreed to exclude evidence that the teenager had mutilated and killed birds. She had specifically asked for more information before making a determination on that specific piece of evidence.
Shooter’s sentence
- 7:44 a.m. Thursday
The shooter was sentenced Dec. 9 to life in prison without the possibility of parole. His sentence was handed down after 29 people delivered victim-impact statements inside the courtroom.
The shooter, now 17 years old, is being held at the Thumb Correctional Facility in Lapeer.
Separate trial schedules
- 7:30 a.m. Thursday
Up until Monday, it wasn’t clear which of the Crumbley parents would be tried first, but Oakland County officials announced that morning that jury selection for Jennifer Crumbley would begin the next day.
They said James Crumbley’s trial is scheduled to begin on March 5, so it doesn’t appear they will be tried concurrently.
A new jury will need to be seated when the second trial starts.
Involuntary manslaughter
- 7:21 a.m. Thursday
Someone is charged with involuntary manslaughter when it is believed that their actions or negligence caused someone’s death.
In order for someone to be charged with involuntary manslaughter, the death must not have been intentional or planned by the accused, but rather technically accidental. But the person charged with involuntary manslaughter is believed to have been responsible for the death.
Involuntary manslaughter is a felony in Michigan and carries a punishment of up to 15 years in prison and/or a fine of up to $7,500.
Jury selection
- 7:08 a.m. Thursday
Jury selection for Crumbley’s trial began Tuesday and lasted nearly two full days.
Local 4′s Shawn Ley was inside the courtroom as both sides questioned and dismissed certain potential jurors. You can read back through the highlights by clicking here.
In the end, 17 jury members (including alternates) were seated just after 2:30 p.m. Wednesday. The jury consists of 10 women and seven men.
Today’s schedule
- 6:55 a.m. Thursday
After two days of jury selection, Judge Matthews told the prosecution and defense on Wednesday afternoon that they should expect to begin Thursday’s proceedings at 8:30 a.m.
The trial will start with opening statements at that time.
