Attorney: James Crumbley didn't threaten prosecutor, he was 'venting to loved ones'

The threats James Crumbley made against the Oakland County prosecutor while in jail were not actual threats, but him venting to loved ones about the lack of an investigation done before he and his wife were charged, his attorney argued in a sentencing memorandum.

Mariell Lehman, Crumbley's attorney, said her client never threatened physical harm to Karen McDonald, despite what her office has said on at least four occasions. In the Friday court filing, she said calls in which he called her expletives and said he was "going down" were just him expressing frustration to family.

"Any statements made by Mr. Crumbley to his loved ones were done to vent his frustrations, not to interfere with the administration of justice or the rendering of emergency services," Lehman wrote, arguing that it was not fair to punish him in the sentencing guidelines assessment for this. "In reviewing the phone calls which are alleged to contain threats of physical harm, it is clear that Mr. Crumbley is venting to loved ones about his frustrations related to the lack of investigation done by the prosecution prior to authorizing charges against him and his wife."

Crumbley, the father of the Oxford High School shooter, is set to be sentenced at 9 a.m. Tuesday in Oakland County Circuit Court on four counts of involuntary manslaughter after he was convicted March 14. A jury found he was grossly negligent for his role in Nov. 30, 2021 shooting that killed Hana St. Juliana, 14; Madisyn Baldwin, 17; Tate Myre, 16; and Justin Shilling, 17.

His wife, Jennifer Crumbley, also will be sentenced for the same charges.

More:Jennifer Crumbley asks for time served; attorney says case was 'no-win situation'

The threats James Crumbley allegedly made against McDonald have become a focal point of sentencing memorandums filed by both McDonald and Lehman.

Transcribed calls prosecutors included in their sentencing memorandum showed Crumbley called McDonald expletives and said he was "on a rampage" and the attorney was "going down." They've asked Judge Cheryl Matthews to sentence Crumbley and his wife to 10 to 15 years in prison, which is the maximum sentence allowed by law.

But Lehman contends the sentencing guidelines are insufficient to address the facts of the case, and asked Matthews sentence to 28 months in prison with credit for time served — which would be about 28 months at this point — and the maximum period of supervision after his release.

If Matthews wants further incarceration, Lehman asked the judge to sentence Crumbley to 43 months in prison with credit for time served. This would be about three and a half years in prison, with credit for just under two and a half years he's already served.

Lehman also noted that it is unconstitutional to bar Crumbley from having contact with his wife and son after his sentence, which is something the Michigan Department of Corrections recommended in its pre-sentence investigation.

Crumbley was venting, attorney says

Prosecutors began asserting Crumbley was threatening McDonald March 5, the first day of Crumbley's trial, despite having some of the calls since September 2022, Lehman wrote. The court did not hear arguments about the threats to keep the information out of the media, she wrote.

But prosecutors were unsatisfied with this, Lehman wrote, and they attempted to raise the issue on the record March 7, in front of the public and media. She and Crumbley agreed to the communications ban so the information about the threats would not become public, but the Oakland County Sheriff's Office told media, including The Detroit News, that night that Crumbley had been making threats on jail phone calls.

"He does not threaten physical harm to Karen McDonald, instead, the calls are clear that he wants to ensure that she does not do to other people what she had done in this case — authorize charges before an investigation could be conducted," Lehman wrote. "Of those statements, none of them contained threats of physical harm but instead contained statements reflective of Mr. Crumbley's desire to ensure that Karen McDonald is not able to continue practicing law as a result of her actions in his, and his wife's, case."

In the jail calls, Crumbley said he doesn't think McDonald will go anywhere but hell due to the lies she has told, and said he hopes she loses her job and attorney license. He also refers to McDonald as “that f-----g stupid whore b---h” and addresses the comments to her, at times saying “I hope you’re listening to this," according to the prosecutors' memorandum.

"Yeah, Karen McDonald, you’re going down. Yeah. You stupid b-----s at the jail. Go ahead, record this call, Send it to Karen McDonald. Tell her how James Crumbley is going to f-----g take her down,” he said Oct. 9.

Prosecutors pointed out Crumbley's use of the word "martyr" to describe his situation, and Lehman said he used this word because he didn't know a better word to use. He feels he needs to continue to fight the case against him, she wrote.

"Mr. Crumbley is understandably angry for being charged, arrested, and incarcerated for something that he did not have knowledge of and for not breaking any laws as it relates to the storage of his firearms," Lehman wrote. "It is not beyond reason that a person would be frustrated and would vent those frustrations to loved ones. At no point did Mr. Crumbley threaten physical harm to Karen McDonald and at worst engaged in frustrated name calling."

Prosecutors also alleged that Crumbley gave prosecutors the middle finger while court was in session, which Lehman said is "blatantly false." The photos prosecutors used as proof show Crumbley using his middle finger to push the hearing device he wore throughout the trial against his ears, Lehman said.

"Any assertion that Mr. Crumbley was doing anything other than attempting to hear the proceedings is baseless and a continued attempt to make Mr. Crumbley look bad to the media and the public," Lehman wrote.

Crumbley has 'deep sorrow and regret'

In jail calls, including one that prosecutors said he was threatening McDonald on, Crumbley also said his son hid things from him and his wife. He expressed remorse to the families who lost their children and said he would have done things differently had he known what his son was planning and that he accessed the gun without Crumbley's knowledge, Lehman wrote.

"If they had known, '(w)e could have saved four kids' lives(,)' and '(w)e could have saved everything,'" Lehman said Crumbley said on a jail call in September 2022. "He repeatedly expressed that he wished he had known and that he would have done things differently if he had."

His stepmother, Amy Crumbley, said James was "innately a nurturer" in a letter she wrote to the court. She said he was genuinely caring and she saw him "enjoying his son completely" when the family got together.

Crumbley's sister Karen Crumbley, who was Lehman's only witness during Crumbley's trial, said Crumbley is a "very caring kind hearted soul who would give the shirt off his own back to help someone in need."

Karen Crumbley and James' youngest sister, Katelyn Evans, said they will always support him, regardless of the conviction.

Crumbley's cousin, Melissa Folette, wrote in a letter that Crumbley is a good person who made an impact on everyone he came across.

Other friends and family wanted to show their support, Lehman wrote, but were concerned for their safety if their identities were made public.

"It was reported that James has shown empathy for all affected by the tragedy on November 30, 2021 and has expressed deep sorrow and regret for the events that transpired," Lehman wrote.

Presentence report called inaccurate

Lehman also took issue with the presentence investigative report, noting some parts contained improper information and statements, irrelevant or inadmissible information and information that doesn't relate to the sentencing offenses. She said it was not accurate or objective. Parts appear to have been copy and pasted from prosecutor and police statements, Lehman said, which is improper.

The presentence report includes information about jail calls where Crumbley threatened the prosecutor, but does not include any jail calls where Crumbley expressed remorse and sympathy for the families impacted by the shooting. She argued none of the jail calls, including the threats, should be in the report because it is not related to the sentencing offenses.

"Specifically, calls in which Mr. Crumbley asks for prayers for the families who lost their children and expresses that he would have done things differently if he had known the severity of what was going on with his son," Lehman wrote.

kberg@detroitnews.com