The attorney for several Oxford High School families who are suing the district for gross negligence in relation to a deadly school shooting in 2021 have asked an Oakland County judge for more time to take deposits from several more people, including the former and current Oxford Community Schools superintendents.
The families of Tate Myre, Justin Shilling, Keegan Gregory, Sophia and Grace Kempen and Ashlynne Sutton are suing the district. Tates, 16; Justin, 17; Madisyn Baldwin, 17; and Hana St. Juliana, 14, was shot and killed by then-15-year-old Ethan Crumbley on Nov. 30, 2021. Six students and a teacher were wounded.
Attorney Jeffrey Stewart wrote in a motion to extend discovery that attorneys have taken 14 depositions and exchanged written discoveries, but several critical depositions remain, including those of former superintendent Timothy Throne and Throne’s successor, Kenneth Weaver, who was the deputy superintendent at the time of the shooting.
Weaver allegedly “frustrated efforts to implement a proper threat assessment system in the district,” Stewart wrote in motion. Weaver’s deposition was scheduled, but he said he was too sick to testify at this time, according to the motion. The district said Weaver is willing to testify, but a date hasn’t been determined yet, Stewart wrote.
The deposition of Kimberly Potts, a former Oakland County sheriff’s deputy who allegedly did not stop the shooter in the bathroom, has also been adjourned at least twice at the defendant’s request, Stewart wrote. The deposition for Thomas Donnelly, the former school board president who Stewart said may have pertinent information about what the district did and did not do, was rescheduled to Jan. 6 at the earliest.
The discovery period is set to end Jan. 10. Stewart asked for it to be extended a month to Feb. 9, because the judge needs to have an adequate record in order to make a ruling on the district’s motion for summary disposition, where the attorneys for the district and high school employees are asking the judge to dismiss the case.
“Given the school district’s representations about Mr. Weaver thus far, Plaintiffs are believing that Mr. Weaver will not be made available for deposition prior to the current hearing date on the motion for summary dispositions,” Stewart wrote.
Read more: Attorney: Four signs in Oxford shooting case show student was ‘troubled’
The motion, filed last week, asks the judge for an extension on discovery, an adjournment for the hearing date for the motion for summary disposition and leaves to file supplemental briefings on the defendant’s summary disposition motion. The motion for summary disposition, where the attorneys for the district and high school employees are asking the judge to dismiss the case, is scheduled to be heard Feb. 3.
Discovery so far has shown that four teachers on five occasions warned the counseling department about Crumbley’s mental health issues and concerns over potential violence, according to the motion. It also showed there was “wholesale disregard” of the district’s threat assessment policies and procedures, though Stewart also noted that testimony has been conflicting as to if the district’s threat assessment policies and guidelines were implemented.
Attorneys for the district have said officials were not fully responsible for the shooter’s actions and have qualified immunity that shields them from liability.
The criminal case for Ethan Crumbley and his parents, James and Jennifer Crumbley, remains ongoing. Ethan pleaded guilty in October to 24 criminal charges, including terrorism causing death and first-degree murder. Because he is a juvenile, he has a hearing coming up this year to determine if it is constitutional to sentence him to life in prison. His parents are facing involuntary manslaughter charges.
Several other attorneys have also filed civil lawsuits against Oxford Community Schools and district employees. Those lawsuits remain pending.