DETROIT (AP) — The Michigan Supreme Court on Wednesday dismissed appeals by families of students killed or wounded at Oxford High School in 2021, ending efforts to hold employees partly responsible for the mass shooting.
Under Michigan law, immunity is a high hurdle to overcome in lawsuits against a government body, including public school staff. Lawyers typically have to show that gross negligence occurred.
The court, in a two-sentence order, said it would not take the case. The decision means a 3-0 Court of Appeals decision in favor of school employees will stand.
“I'm shocked,” said William “Buck” Myre, whose son, Tate, was one of four students who died. “I can't believe that a tragedy of this nature, our government can just sweep it under the rug and say, ‘Sorry for your loss.’ It was preventable.”
In September, the appeals court said there was no evidence that Oxford staff were the “proximate cause” of the tragedy, noting it was 15-year-old Ethan Crumbley who “made the definite and premeditated decision” to take a gun to school and commit the mass shooting.
On the day of the shooting, he had sketched images of a gun, a bullet and a wounded man on a math paper, accompanied by despondent phrases. His parents were quickly called to a meeting at school but declined to take him home.
No one — parents or staff — checked the boy’s backpack for a gun, though an administrator joked that it was heavy.
Crumbley, now 19, is serving a life prison sentence. His parents, James and Jennifer Crumbley, are each serving 10-year sentences for involuntary manslaughter. Prosecutors said they had ignored his mental health needs, bought him a gun as a gift and then failed to safely secure it.
Chris Desmond, an appellate lawyer for the families, said the Legislature needs to change the high bar of governmental immunity.
“If this event, God forbid, were to happen in a private school ... this case would have been resolved by now,” he said.
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FILE - Photographs of four students — Hana St. Juliana, 14; Madisyn Baldwin, 17; Tate Myre, 16; and Justin Shilling, 17 — sit among bouquets of flowers, teddy bears and other personal items left at the memorial site for victims of the school shooting, outside Oxford High School, Dec. 7, 2021, in Oxford, Mich. (Jake May/The Flint Journal via AP, File)
LANSING, Mich. (AP) — Michigan Lt. Gov. Garlin Gilchrist II announced Monday he is suspending his campaign for governor and instead joining the race for secretary of state of the battleground state.
Gilchrist, a progressive Democrat from Detroit, did not cite a specific reason for the change in his video announcement, but said he is not finished being a “public servant.” His departure clears up the Democratic primary and benefits the frontrunner, Jocelyn Benson, who is the current Secretary of State, in the race to replace term-limited Gov. Gretchen Whitmer.
The secretary of state is Michigan's top election official, a highly politicized and visible role since the 2020 presidential election.
“Michigan has been ground zero in the battle for free and fair elections before, and it will be again,” Gilchrist said.
As Whitmer’s second in command and her running mate in two elections, Gilchrist struggled to match Benson’s name recognition and fundraising. He reported having around $378,000 of cash on hand as of October compared to Benson’s $2.98 million.
Benson is now set to face only Genesee County Sheriff Chris Swanson in the Democratic primary in August.
The inclusion of a well-known independent candidate has created a new problem for Democrats this year. Former Detroit Mayor Mike Duggan is avoiding costly primaries altogether by running as an independent. The Michigan Democratic Party slammed the former Democrat last week for not standing up to President Donald Trump’s second term policies.
In the Republican primary, U.S. Rep. John James, former Michigan Attorney General Mike Cox, state Senate Leader Aaric Nesbitt and former Michigan House speaker Tom Leonard are jockeying for the nomination.
In his bid to become secretary of state, Gilchrist will face four other Democrats: Barb Byrum, Ingham County clerk; Aghogho Edevbie, deputy secretary of state; Suzanna Shkreli, a former Whitmer aide and commissioner of the Michigan State Lottery; and Adam Hollier, a former state senator from Detroit.
Michigan does not hold primary elections for the secretary of state position; the nominee is chosen by precinct delegates during party conventions. The Michigan Democratic Party convention is scheduled for April 19.
State Republicans plan to hold their nominating convention March 28 and GOP figures chasing the party's nomination for secretary of state include Anthony Forlini, Macomb County Clerk, and Monica Yatooma, an Oakland County executive.
In addition to the office of the governor and secretary of state, Michigan voters will be selecting a new state attorney general and a U.S. senator in November.
FILE - Michigan Lt. Gov. Garlin Gilchrist II waits before the State of the State address, Wednesday, Jan. 24, 2024, at the state Capitol in Lansing, Mich. (AP Photo/Al Goldis, file)
