A prosecutor has continued to criticize the decision to keep a teenager in a Michigan school before a shooting that left four students dead last week, raising questions about whether staff and the district will face legal liability – criminal or civil – during the tragedy.
“We should all consider the events leading up to that horrific event,” Karen McDonald told ABC’s “Good Morning America.” “And as a community, a school, a country, let’s talk about what we can do differently so that doesn’t happen. And in this case, a lot could have been done otherwise. “
Ethan Crumbley, 15, is accused of shooting other students at Oxford High School after a meeting with his counselors and parents. Investigators said: A teacher was troubled with drawings of a gun, a bullet and a person who appeared to have been shot, along with messages saying “My life is useless” and “The world is dead”.
Consider a few issues:
DO STUDENT EMPLOYEES HAVE TO CHARGE THE EMPLOYEE’S EYES?
The prosecutor clarified her remarks about the school. Two days after the shooting on November 30, she said she had not seen any “criminal crimes” by the employee and did not want to place the blame on anyone but Crumbley and his parents. .
But her tone was different on Monday.
“It is an investigative process that I will hand over to law enforcement. I can tell you there is outrage in the community,” McDonald said, questioning why Crumbley’s parents were allowed to make the final decision to keep him at school that day.
Oxford director Tim Throne said counselors met the boy and his parents on the day of the shooting. They concluded he was not a risk to themselves or others, according to Throne, but asked James and Jennifer Crumbley to let him get outside advice within 48 hours or they would call welfare officials. children.
Throne, who had scheduled his own investigation into what happened that day.
“I see a lot of negligence, but I don’t anticipate charges against anyone at the school,” said David Steingold, a Detroit-area defense attorney. “You will have to show specific intentions. None of the staff had any criminal intent.”
For the others, the gun was legally sold to James Crumbley by a local dealer, according to investigators. According to the Giffords Law Center, which tracks issues related to guns, the gun industry is protected from civil lawsuits over its products.
WHAT IS THE ROLE OF THE COMPANY?
Carolyn Stone of the University of North Florida, an expert on legal and ethical issues for school counselors, said when faced with the painting and writing found in Oxford, a counselor would be worried. about suicidal thoughts, not signs of a serial killer.
“When you see that, you call the parents, and that’s what this counselor did,” says Stone. “When we share, the parents exercise custody and control over the child and ask for their help. Our job is to make sure parents know their child is struggling.”
Crumbley’s parents had never told the counselors about the gun purchase just days before, the superintendent said.
“Advisors made their judgments based on their professional training and clinical experience and did not have all the facts that we know of now,” Throne said, referring to keeping Crumbley at school instead of sending him home to an empty house.
Crumbley’s parents were charged with involuntary manslaughter.
CIVIL LAW HAS CIVIL LAW?
The shooting left four students dead and six other students and one staff member injured. Students barricaded themselves in classrooms and even fled through first-floor windows. The prosecutor said the entire school was “terrorized”.
Personal injury lawyers expressed doubt that Oxford School District could be successfully sued for letting Crumbley stay at the school. That’s because Michigan law sets a high standard for removing liability from public schools and other government agencies.
“You have to prove that the management or members of the faculty were extremely negligent, meaning they disregarded whether an injury could have occurred,” said attorney A. Vince Colella. attorney A. Vince Colella said.
Even if gross negligence can be proven, the petitioner must show that it was the probable cause of death or injury, he said.
“Because the employees do not hold the trigger, they cannot be held liable due to a government waiver. … They knew he was distraught. Colella says: Immunity counterintuitive to public safety.
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For more information on the AP Michigan school shooting: https://apnews.com/hub/oxford-high-school-shooting
https://www.yourbasin.com/news/could-others-be-charged-liable-in-michigan-school-shooting/ Who else could be charged, responsible for the Michigan school shooting?