Oakland County prosecutors argue that James Crumbley's request for a retrial is "without merit" and that the court should deny it.

Prosecutors issued their response to Crumbley's motion that was filed in February. Crumbley, the father of the Oxford High School shooter, sought the court to either grant a retrial or an evidentiary hearing, claiming that he did not get a fair trial.

His attorney, Alona Sharon, claimed that prosecutors made proffer agreements with two Oxford school officials, former Dean of Students Nicholas Ejak and school counselor Shawn Hopkins, which were not disclosed to the defense. Sharon claimed that the agreements included immunity for the two officials. The two school officials testified in James and Jennifer Crumbley's trials in 2024.

However, Prosecutor Karen McDonald disputed those claims in her written response, saying that the agreements do not require testimony or promise of "favorable consideration."

"It is important to note that school personnel, including Hopkins and Ejak, knew of potential civil and criminal liability, and engaged attorneys to advise them," McDonald wrote. "The proffer agreements were created at the request of their counsel, and provided assurance to counsel that the statements made during the interview would not be used against the witnesses later. Nowhere in the proffer agreements is there a 'plea agreement, grant immunity, or other agreement for testimony in connection with the case.'"

James and Jennifer Crumbley were found guilty in 2024 of four counts of involuntary manslaughter in connection with the November 2021 shooting deaths of students Justin Shilling, Madisyn Baldwin, Tate Myre and Hana St. Juliana. 

Their son, Ethan Crumbley, was sentenced to life in prison for the shooting that also injured seven others, including a teacher.   

Jennifer Crumbley argued for a retrial or a dismissal, also using the proffers agreements as a reason for a dismissal. However, a judge denied most of Jennifer Crumbley's motion, including the claim that only school officials were negligent in preventing the shooting. Additionally, a judge recently denied Jennifer Crumbley's request to remove McDonald from the case.

During the trials, the prosecution argued that the parents should be held partially responsible for the students' deaths because they ignored signs of their son's mental health needs and purchased the gun that was used in the shooting.