(CBS-DETROIT) – The new defense team for Ethan Crumbley, the Oxford High School shooter who killed four students and injured others in 2021, filed a motion in June to try to impose a new sentence.
On Thursday in an Oakland County courtroom, Judge Kwame Rowe heard the motion and gave the prosecutor until Nov. 19 to respond.
In a statement released in June, the Michigan Appellate Defender Office, which is representing the 18-year-old shooter, said a motion had been filed asking the court to review new evidence and grant a new conviction, with the argument that the phrase “because a child is without conscience.”
“Some of that new evidence includes seven witnesses who could have discussed Ethan’s childhood struggles and his mother’s alcohol abuse during pregnancy; the potential impact of Fetal Alcohol Spectrum Disorder on Ethan’s life, including the social and emotional maturity of a child younger than their chronological age; and an expert witness who accurately presents information about Ethan and his childhood, rather than someone who cuts and pastes information from other reports and fails to understand the guidance for evaluating life without parole for a child,” the statement from the public defender’s office.
“It’s going to be an uphill battle at this point,” said Lillian Diallo, an attorney and legal expert.
Diallo said she believes Judge Rowe is unlikely to allow this appeal of the conviction to proceed.
This morning Judge Rowe rejected a request to extend the hearing date until June 2025.
“What he is saying is that this is not going to be a new or complex issue. Let the prosecutor respond, then we will have arguments and based on that response I will make my decision,” Diallo said.
The The shooter pleaded guilty to multiple chargesincluding murder and terrorism, on November 30, 2021, when shots were fired at his high school, killing Tate Myre, Hana St. Juliana, Justin Schilling, and Madisyn Baldwin, and wounding seven others.
In December 2023, the shooter was sentenced to life in prison without the possibility of parole.
The shooter’s parents, Jennifer and James Crumbley, were each found guilty of involuntary manslaughter. separate tests earlier this year and were convicted up to 10 to 15 years in prison.
During their trial, prosecutors argued that the shooting was preventable and that Crumbley’s parents ignored the shooter’s mental health needs and purchased the gun their son used in the shooting.
Records show he is housed in the Oaks Correctional Facilityan all-male facility.
Once again, the Prosecutor has until November 19 to file a response to the request to avenge Ethan Crumbley.
