Victim's family uses 1927 law to charge driver's mother in fatal Grosse Pointe Farms crash

Mother of teen driver who killed his friend in crash faces charge by 1927 law

Flynn Mackrell, 18, was killed in a crash while Kiernan Tague was behind the wheel — driving well over 100 in Grosse Pointe Farms slamming into a tree in November, 2023.

DETROIT (FOX 2) - A Grosse Pointe Farms mother has been charged with involuntary manslaughter — but not by the prosecutor’s office.

Flynn Mackrell's family is relying on a 1927 law by issuing the charges against the teen driver's mother themselves with the help of the nearly 100-year-old statute.

Kiernan Tague, who was 16 at the time, was driving more than 100 mph in a 25 mph zone on Nov. 17, 2023 when he hit a pole, flipped his car, and slammed into a tree. The crash killed his passenger, Mackrell, 18.

Tague, who was 16 at the time, was sentenced for manslaughter this summer.

Flynn’s Mackrell's family had hoped for additional charges against Kiernan Tague’s mother Elizabeth — but the prosecutor’s office denied the case.

"The son was driving a car he perhaps shouldn’t have driven, at speeds he definitely shouldn’t have driven," said attorney Arthur Weiss.

Allegedly, Elizabeth Tague knew of her son’s history of speeding through the app, Life 360.

Now years later — Elizabeth Tague is charged with involuntary manslaughter — not by the prosecutor — but the Mackrell family and their attorney using the 1927 law.

"That essentially says that a private citizen with the posting of a bond can request issuance of criminal charges against another individual," said Weiss. "I think it’s the legislature’s way of saying if the prosecutor doesn’t want to issue, citizens should still have that right."

In this case, Weiss and the Mackrell family brought the evidence to a judge.

"They looked at the facts and made a determination of sufficient cause for the case to go forward," Weiss said.

A special prosecuting attorney was appointed and Tague was summoned to court.

Then the Wayne County Prosecutor’s office stepped in, filing a motion to intervene - and another to vacate the appointment of a special prosecuting attorney.

The office said the court exceeded its authority and usurped Prosecutor Kym Worthy’s power — and further cited the state attorney general has exclusive authority to appoint a special prosecutor.

"They’re throwing up all these procedural roadblocks," Weiss said. "But at the end of the day, I don’t hear anyone saying that the judge’s determination of cause was erroneous."

More coverage:

• Teen driver who killed passenger in high-speed Grosse Pointe Farms crash sentenced
• Mom of Grosse Pointe teen won't be charged after high-speed crash that killed 18-year-old

Mackrell's family felt the unique sentence given to Tague for their son's death, wasn't enough.

Tague was first charged with second-degree murder, but the charge was reduced to manslaughter with a motor vehicle. He pleaded guilty to it and was charged with adult designation.

This meant the judge had the option to sentence him as a juvenile, as an adult, or create a blended sentence for Tague, who had since turned 18 at the time of sentencing.

Now the case is in review — and the judge was asked to recuse themself but did not.

Tague’s attorney did not respond to FOX 2's request for comment.

Large photo: The 2023 fatal car crash in Grosse Pointe Farms. Top right: Victim Flynn Mackrell who was killed. Bottom right: At-fault driver Kiernan Tague.