Ethan Crumbley Memo

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School

University of California, Los Angeles *

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MISC

Subject

Law

Date

Feb 20, 2024

Type

docx

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2

Uploaded by BarristerRockSwan40

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MEMORANDUM DATE: February 8, 2024 TO: Bindhu Varghese, Professor FROM: Elaina Jacobson, Student RE: Crumbley, Jennifer –Involuntary Manslaughter STATEMENT OF FACTS On November 30, 2021, at Oxford High School in Oxford Michigan, 15-year-old Ethan Crumbley discharged a firearm which resulted in several deaths and numerous injuries. It has been reported that Ethan’s mother Jennifer Crumbley was aware that their son had access to a firearm as they gifted one to him four days prior to the shooting incident. Jennifer Crumbley was also aware of his previous concerning behavior such as carrying a jar with a baby bird head in it to school as well as having knowledge about Ethan’s mental health issues and did not Additionally, they were aware of his gun and other violent drawings. The school hosted a meeting with the parents to discuss Ethan’s behavior and violent drawings on the day of the shooting. Another warning sign Ethan Crumbley showed was his disturbing social media posts. ISSUE The issue is whether is it likely for the prosecution against Jennifer Crumbley on the charge of involuntary manslaughter to be successful under California Penal Code Section 192(b). The issue is whether the prosecution against Jennifer Crumbley on the charge of involuntary manslaughter under California Civil Code 1714.3 would be successful. RULE According to California Penal Code Section 192(b), to be guilty of Involuntary Manslaughter you must: commit a crime OR commit a lawful act in an unlawful way; AND be criminally negligent; AND, cause another person’s death. Additionally, under California Civil Code 1714.3, parents, or guardians of minors under the age of 18 are held responsible for injuries or property damage caused by the minor discharging a firearm specifically if they allowed the minor to access it or if the firearm was left within reach. ANALYSIS For Jennifer Crumbley to be liable for involuntary manslaughter, the prosecution has to prove that although she may have committed a lawful act, her actions were carried out unlawfully. While owning a firearm is lawful, Jennifer negligently left the firearm accessible to a minor which constitutes as an unlawful act under California Penal Code Section 192(b).
Furthermore, California Civil Code 1714.3 states parents or guardians of a minor under the age of 18 can be held responsible for the injuries or property damage caused by the minor discharging a firearm. Since Ethan Crumbly is a minor, his parent, Jennifer Crumbley would likely be held liable for the discharging of the firearm and the resulting deaths and injuries. In the case of Roberts v. Wentz 187 Cal. App.3d 1281, the court emphasized the duty of parents and or guardians to prevent injury or property damage caused by a minor’s access to firearms. CONCLUSION For the prosecution to be successful in charging Jennifer Crumbley with Involuntary manslaughter, the prosecution must prove Jennifer's lawful act of owning a firearm was carried out unlawfully due to negligence under Penal Code Section 192(b). Her liability under California Civil Code 1714.3 holds parents accountable for a minor's firearm actions. The precedent in Roberts v. Wentz further strengthens this argument, emphasizing the duty of care imposed on parents.
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