James and Jennifer Crumbley, the first parents in America charged in a mass school shooting, are appealing to the Michigan Supreme Court, arguing the decision to charge them for a massacre carried out by their son was "clearly erroneous," sets a dangerous precedent and will "cause injustices."

At issue for the Crumbleys is a series of lower-court decisions that essentially concluded there was enough evidence to bind them over for trial on second-degree murder charges for the deadly 2021 Oxford High School shooting that was carried out by their son. Ethan Crumbley, who was 15 at the time, used a gun his parents bought him to shoot up his school, killing four students and leaving seven others injured.

The Crumbleys, who were charged days after the shooting and have been jailed ever since, have repeatedly argued that an Oakland County judge abused her discretion in binding them over for trial. But on March 23, the Michigan Court of Appeals concluded that the judge did not abuse her discretion.

'One cannot predict the unimaginable,' Crumbley lawyers argue

The Crumbleys, though, are still fighting to avoid that, maintaining that the prosecution cannot prove that they caused the students' deaths, and that the only one responsible for the deaths was their son, who has pleaded guilty to the murders and is awaiting sentencing. Moreover, their lawyers argue that the son's decision to carry out a mass school shooting was not "reasonably foreseeable."

"Certainly, after every school shooting, the media and those effected are quick to point to so-called 'red flags' that were missed by those in the shooter’s life. But the truth of the matter is, one cannot predict the unimaginable," attorney Mariell Lehman, who is representing James Crumbley, wrote in her filing to the Supreme Court.

More: Appeals court orders Crumbleys to stand trial in Oxford school shooting

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Defense attorney Shannon Smith echoed that in her filing on behalf of the mother, stating: "The Court of Appeals’ decision is clearly erroneous, will cause injustices, and conflicts with Michigan Court of Appeals and Supreme Court precedent."

The Oakland Prosecutor's office disagrees, arguing that the Crumbleys, more than anyone else, could have prevented the shooting had they paid attention to their son's mental health, alleging the boy was spiraling out of control but got no help from his parents.

Instead of getting their son medical help, prosecutors said, they bought him a gun. Moreover, they argue, the Crumbleys never let the school know that their son had access to a gun on the day they were summoned to the counselor's office over their son's troubling behavior: he had drawn a picture of a gun and blood on a math worksheet, along with the words: "The thoughts won't stop, help me."

The Crumbleys went back to their jobs that morning. Ethan Crumbley returned to class. Two hours later, he emerged from a bathroom and opened fire.

As Oakland County Prosecutor Karen McDonald said two days after the shooting: "[W]hile the shooter was the one who entered the high school and pulled the trigger, there [were] other individuals who contributed to the events on November 30th, and it’s my intention to hold them accountable as well.”

'My parents won’t listen to me about help'

She was referring to the Crumbley parents, adding: “[i]t’s imperative we prevent this from happening again.”

After the shooting, police discovered a journal in Ethan Crumbley’s backpack. In it, he detailed his plans to shoot up his school, writing, among other things:

“[T]he first victim has to be a pretty girl with a future so she can suffer like me,’ and, “I will kill everyone I f**king see”

“I have fully mentally lost it after years of fighting with my dark side. My parents won’t listen to me about help or a therapist.”

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In the journal, he also apologized to his parents for what he was about to do:

“I’m sorry for this, Mom and Dad. I’m not trying to hurt you by doing this. I have to do this … I love you, Mom. I love you, Dad. I’m sorry for never saying it back.”

In his final entry, he wrote in large, bold letters: “Forgive me.”

The Crumbleys say they never knew of the journal's entries until after the shooting. A police officer read their son's words in court. The parents hung their heads and cried.Tresa Baldas: tbaldas@freepress.com

This article originally appeared on Detroit Free Press: James, Jennifer Crumbley appeal to Michigan Supreme Court