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Who should be held accountable if a child gets a gun and shoots someone? | Legal analyst weighs in on Taylor and Crumbley cases

Jurors found the mother of Michigan school shooter Ethan Crumbley guilty of involuntary manslaughter. Last year, Deja Taylor pleaded guilty to felony child neglect.

VIRGINIA BEACH, Va. — Who should be held responsible when a child commits a violent act? Some courts have decided: parents are responsible.

A Michigan jury found Jennifer Crumbley guilty of involuntary manslaughter after her son shot and killed four students at his high school in 2021. Crumbley’s husband, James, is also facing charges. 

It’s a rare case of police charging parents for a shooting committed by their child. But it’s something Virginia has seen before.

RELATED: Deja Taylor sentenced to two years in prison on state child neglect charge in Newport News

Deja Taylor is behind bars for child neglect after her six-year-old son shot his teacher at Richneck Elementary School. Even though Taylor did not pull the trigger, a judge ruled she was liable for the “reckless decisions" that led to the shooting.

Could holding parents responsible for their children's actions become a legal precedent? 

Legal analyst Ed Booth said it could become a growing legal trend, based of course on the individual circumstances of each incident.

“It’s a fine line you have to walk in terms of charging a parent for what their child does," Booth explained.

He noted the Crumbley and Taylor cases are similar in some ways.

“The similarities are of course we’re talking about parental responsibility for something a child did," Booth explained.  

What sets them apart, Booth said, is that “child neglect” is at the center of Taylor’s conviction while “involuntary manslaughter” is the charge that convicted Crumbley.

A judge ruled Taylor’s decision to keep a gun in her home makes her liable. In the Crumbley case, prosecutors successfully argued Crumbley bought the gun for her son and didn’t respond to warning signs he showed before the shooting. 

RELATED: Deja Taylor to spend nearly 2 years in federal prison for marijuana use while owning gun

But both involve a child gaining access to a firearm at home.

“I don’t think it would necessarily be uncommon to see more charging of parents for the actions of their children," Booth said. "Certainly we can kind of read the tea leaves with some of the proposed legislation before our General Assembly regarding the proper storage of firearms.”

A bill that would require Virginia school boards to notify parents that it’s their responsibility to safely store firearms at home just passed the Senate.

A bill before the House of Delegates would impose possible “civil and criminal liability” if handguns are not locked and kept away from children.

Booth acknowledged "any responsible gun owner" would argue that guns should be secured regardless of the law.

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