Oxford High School shooter's parents to be tried separately after new witnesses come forward

The parents of Oxford High School shooter Ethan Crumbley may be tried separately, a Michigan judge ruled earlier this week after two new witnesses came forward in the case.

James and Jennifer Crumbley are facing four counts of involuntary manslaughter each after their son, then 15 years old, fatally shot four high school students and injured seven others using his parents' gun, which they have argued was locked away.

Upon review of Oct. 31 interviews with two new witnesses from Florida, "severance of the defendants in this case is now necessary as the prosecution intends to call one or both of these witnesses," Shannon Smith, an attorney for Jennifer Crumbley, said in a Monday court filing.

Smith did not disclose what the two new witnesses said in their interviews but argued that severing the trials for James and Jennifer Crumbley would allow the court to avoid prejudice and ensure a fair trial for both defendants so that allegations made against one defendant do not impact outcomes for the other.

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Ethan Robert Crumbley, left, and his parents in booking photographs taken at the Oakland County Jail in Pontiac, Michigan. (Oakland County Sheriff)

The prosecution agreed, writing that Jennifer Crumbley "is entitled to a fair trial because some of the evidence introduced against the codefendant [James Crumbley] at trial would be damaging to the defendant."

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Prosecutors went on to note, however, the "significant cost" to taxpayers for separating the defendants.

An Oakland County judge on Monday approved a request to allow James and Jennifer Crumbley to have separate trials. (AP Photo/Paul Sancya)

"Separate trials in this case come at significant cost to victims, witnesses, taxpayers and the additional jurors who will serve," assistant prosecutor Marc Keast wrote. "But the Constitution affords the defendant that right, and the People agree that the defendant is entitled to a separate trial."

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Smith also argued in a Monday court filing that Oakland County prosecutor Karen McDonald engaged in misconduct in her November interview with local news outlet WXYZ, when McDonald said her office "doesn't prosecute cases that [they] don't believe [they] can prove beyond a reasonable doubt."

James and Jennifer Crumbley are facing four counts of involuntary manslaughter each after their son, then 15 years old, fatally shot four high school students and injured seven others using his parents' gun, which they have argued was locked away. (AP Photo/Paul Sancya)

The defense attorney said McDonald violated the court's rules saying lawyers in the case shall not publicly express "any opinion as to the guilt or innocence of a defendant." Smith also argued that McDonald violated her duty as a prosecutor to ensure that the accused are "given the benefit of all reasonable doubts."

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The defense is asking Judge Cheryl Matthews to require McDonald to appear before the court "about why she failed to comply with the Court's prior orders," Smith wrote. 

In a Tuesday filing, prosecutors called the allegations "frivalous, and perplexing," saying that nothing in the defense's filing shows that they violated the court's orders. They added that McDonald has a responsibility as the county's top prosecutor to inform the public, and there is no gag order in Ethan's case as there is in his parents' cases.

The home of James and Jennifer Crumbley, the parents of Oxford High School shooting suspect Ethan Crumbley, is seen in Oxford, Michigan on Dec. 3, 2021. (Jeff Kowalsky/AFP via Getty Images)

All parties in the case are subject to a gag order that prevents them from publicly discussing any details regarding allegations made against the Crumbleys.

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James and Jennifer allegedly purchased a firearm for their son just before the school shooting. Jennifer Crumbley said in a social media post that the gun was a Christmas present for Ethan. The parents are also accused of coming to Oxford on the morning of the shooting and refusing to take their son home despite complaints from the school counselor's office that he made disturbing drawings in class.

James and Jennifer Crumbley met with their son and school leaders the morning of the shooting after a teacher caught Ethan Crumbley drawing disturbing images in class. (Oakland County)

"The parents are charged with involuntary manslaughter," McDonald said during a September hearing in Ethan's case. "Their gross negligence in buying their obviously troubled son a gun, for not securing it safely, and then for not doing anything about it when they saw the defendants' drawings on the day of the shooting. They are not charged for being bad parents."

Oakland County Judge Kwame Rowe ruled in September that Ethan, now 17 years old, can be sentenced to life in prison without the possibility of parole for his crimes.

Audrey Conklin is a digital reporter for Fox News Digital and FOX Business. Email tips to This email address is being protected from spambots. You need JavaScript enabled to view it. or on Twitter at @audpants.