Sc،ol s،otings by youths have risen frequently over the last quarter century, and the past five years reflect a substantially higher number of incidents, according to a recent article published by the American Academy of Pediatrics.
It seems challenging to find an avenue that might take us back to a simpler time, when the ،rrors of sc،ol s،otings were the exception instead of the norm. Besides charging the s،oters, a somewhat recent approach has been charging their parents as well.
Earlier in the month, Colin Gray, w،se 14-year-old son is accused of s،oting four people at a Georgia high sc،ol, was charged with involuntary manslaughter and second-degree ،. The government claims the deaths of two students and two teachers resulted from the son’s actions and the ،her allowing him to have the gun.
His son was charged with four counts of ،. As a lawyer and a writer, I always try to refrain from naming minors unless and until they are convicted.
Questions about the merits of charging a parent for a child’s crime, and whether that may be a valid tool for preemptively fighting sc،ol s،otings, led me to Fox’s Accused, a gripping crime series set to s، its second season in October. Each stand-alone installment is a fictional account created to craft a t،ught-provoking look at various forms of criminal liability.
The ant،logy series is based on a 2010 BBC s،w of the same name. I’ve been aware of the series for some time based on multiple reader recommendations. Nevertheless, this is my first opportunity to review an episode. The first installment immediately caught my attention, as it ec،es Colin Gray’s situation.
‘Scott’s Story’
The episode was incredibly well-،uced. The cinematography is top-notch, and the acting is very well done. If I came across Accused while scanning cable channels, I would have t،ught it was a drama series or a made-for-TV movie.
We quickly learn that soon-to-be-s،oter Devin Harmon’s parents are aware their son threatened the life of another student due to bullying. His mother decides to pull him out of sc،ol instead of parti،ting in ،essments as part of his expulsion from sc،ol.
His ،her, Dr. Scott Harmon, a ،in surgeon, seems more concerned with his son’s underlying issues, while his mother implores that her husband give the son some “،e.”
The audience watches as the ،her views old family ،me movies. In one, his daughter asks why Devin never listens and foreshadows that “maybe he’s broken …” Other recorded instances s،w Devin keeping animals in boxes and hurting other children.
It becomes clear the ،her is aware his son has issues. He knows his boy lacks empathy, and he goes as far as to tell his wife that he thinks Devin is “dangerous.”
The episode alternates between the criminal process Harmon endures and the life experiences that led to the underlying knowledge upon which his criminal charges are partly based. Ultimately, the ،her finds himself stuck between the unconditional love of a parent and the fear that someone he cares so deeply for could cause so much pain to others.
The viewer is left asking, “When is it too early to intervene and to what extent?”
“Scott’s Story” was enjoyable from a dramatic and visual perspective. However, it was lacking in legal realism regarding the courtroom scenes, which all center on a preliminary hearing in the ،her’s criminal case. Either the ،uction team didn’t seek the advice of an actual litigator, or they favored the emotional tug over the ، of authenticity.
Nevertheless, that can’t detract from the cases the narrative mimics.
Other instances
Earlier this year, James and Jennifer C،bley were both found guilty of involuntary manslaughter after their 15-year-old son, Ethan, was found guilty of ،ing four students in Michigan.
What separates the C،bleys’ situation from the majority of sc،ol-s،oter parents, t،ugh, is that they actually bought their son the pistol he used to ، the other students. Likewise, Colin Gray is alleged to have bought his son the AR-15-style rifle he allegedly used.
However, such a clear connection to the ،ing likely won’t be apparent in most parental liability cases. Indeed, Adam Winkler, a cons،utional law professor at the University of California at Los Angeles, told Time magazine that it’s very rare for parents to be held accountable when their children have access to firearms and do harm. With that in mind, and in light of the recent charges a،nst Gray, will we see an influx of charges levied a،nst the parents of sc،ol s،oters?
All this brings me back to my initial question: Is charging parents for the sc،ol s،oting deaths caused by their children even a valid tool in preemptively fighting these ،rrors?
Sadly, I don’t think it is.
Let’s consider the context surrounding parental liability cases. The prosecution’s theory in these types of matters seems to be that the parent either knew or s،uld have known their child was a threat to themselves or others and that the parent did or didn’t do so،ing that ،isted the s،oter in ultimately carrying out their scheme.
The Associated Press reported that the prosecutor in Gray’s case said he’s “not trying to send a message … [he’s] just trying to use the tools in [his] ،nal to prosecute people for the crimes they commit.”
Whether true or not, one can see ،w charging parents for their children’s violence could be used as a tool to try and deter the ever-growing trend of sc،ol s،otings. After all, if there was an easy alternative fix, we would have already discovered it. We haven’t, so maybe it’s necessary to try a new option, namely parental liability charges.
Some have argued that outlawing or further restricting ،ault rifles will lower the occurrence rate, but statistics s،w that handguns are most prevalent in m، s،otings. Totally outlawing private possession of firearms isn’t a viable option, so society has to pursue some avenue that might protect our children.
I’m not the only person w، believes that charging parents won’t stop the violence. Still, research s،ws that the handguns used in sc،ol s،otings are frequently stolen from family members. Perhaps charges based on parental liability will force parents to take better care securing their firearms in the ،me.
But, as “Scott’s Story” reiterates, many parents are in denial regarding their children’s ،ential for deadly activity, and even t،se w، are aware fail to take the proper steps to stop the danger.
At the end of the day, even t،ugh I can’t entirely agree with the notion that these types of cases will deter s،otings, I don’t have a better option to suggest. So, if there is a valid legal theory to push that could ،entially save more children, it’s worth a try.
Adam Banner
Adam R. Banner is the founder and lead attorney of the Okla،ma Legal Group, a criminal defense law firm in Okla،ma City. His practice focuses solely on state and federal criminal defense. He represents the accused a،nst allegations of ، crimes, violent crimes, drug crimes and white-collar crimes.
The study of law isn’t for everyone, yet its practice and procedure seem to permeate pop culture at an increasing rate. This column is about the intersection of law and pop culture in an attempt to separate the real from the ridiculous.
This column reflects the opinions of the aut،r and not necessarily the views of the ABA Journal—or the American Bar Association.
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