Crumbley parents sentencing is nearing - with many factors for the judge to weigh

In one sentencing memorandum, James Crumbley is recorded threatening the prosecutor and that he was going to "take her down." In another memo - this one for Jennifer Crumbley - she requests the remainder of her sentence be served from the guest house of her attorney.

Even after a jury found both parents of the Oxford High School shooter guilty, the two are still making news.

On Tuesday April 9, both will learn what kind of sentence they will receive. The prosecution is suggesting both get between 10-15 years in prison. 

But it's up to the judge to decide if they'll serve that amount of time. Both were convicted of four counts of involuntary manslaughter, which comes with a wide range of possible sentences. 

 "I promise you that judge knows walking in there what her sentence is going to be," said Gabri Silver, a criminal attorney.

Silver, along with David Cripps who is also a criminal defense attorney, gameplanned how Judge Cheryl Matthews could approach deciding the Crumbley's fate. She has a lot to consider, the two lawyers say.

But there's one thing Silver believes will happen.

"There’s no way she’s going below the guidelines. Not on a case like this. That's just not happening," she said.

And what are the guidelines? When someone is sentenced in Michigan, there are two numbers that help narrow down the range: the minimum amount of years someone could receive - which is set by the judge - and the maximum amount of years someone could receive, which is set by the statute.

In this case, the maximum years is 15. 

But Jennifer Crumbley has asked for a house arrest sentence instead. Neither Silver nor Cripps sees that happening.

When it comes to James' sentence, comments he made toward the prosecutor while on a jailhouse phone call could influence what the judge decides. 

"The judge can easily use that as substantial compelling reason to go above the guidelines for disrespect towards the judicial system," Cripps said.

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James Crumbley threatens Prosecutor Karen McDonald: 'You’re going down'

The prosecution released James Crumbley's threatening jail calls against Oakland County Prosecutor Karen McDonald during a memo to the judge, recommending a 10-15 year sentence.