From my view, the defense is arguing procedure and timing. Not the facts. The facts are the reason why they should be charged.
Originally Posted by eccieuser9500
More facts are emerging..
https://www.cnn.com/2021/12/05/us/mi...day/index.html
On Monday, a teacher saw the suspect looking at photos of ammunition on his cell phone during class, which prompted a meeting with a counselor and another staff member. During that discussion, the student told them that he and his mother had recently gone to a shooting range and that "shooting sports are a family hobby," Throne wrote in the letter.
The school tried to reach the student's mother that day, but didn't hear back until the following day when his parents confirmed the student's story, Throne said.
After school officials reached out to Jennifer Crumbley regarding her son searching the web for ammunition, she texted him saying, "LOL I'm not mad at you. You have to learn not to get caught," prosecutors have said.
The morning of the shooting
Then on Tuesday -- the day of the shooting -- a teacher alerted school counselors and the Dean of students to "concerning drawings and written statements" that the student had created, according to the letter. He was "immediately removed from the classroom" and taken to a guidance counselor's office, Throne explains.
The student told a school counselor that "the drawing was part of a video game he was designing and informed counselors that he planned to pursue video game design as a career," Throne said.
Following that discussion, the student stayed in the office for an hour and half as school staff called his parents and waited for them to arrive to the school, the letter noted. While waiting the student said he was concerned about missing his homework assignments and "requested his science homework, which he then worked on while in the office," the letter said.
"At no time did counselors believe the student might harm others based on his behavior, responses and demeanor, which appeared calm," Throne said.
Upon the parents' arrival, the school counselors asked the student "specific probing questions" about his potential for self-harm or harm toward others, Throne said. The answers he provided "led counselors to again conclude he did not intend on committing either self-harm or harm to others," according to the letter.
School counselors told the parents they must seek counseling for their son within 48 hours, otherwise the school would contact Child Protective Services, Throne wrote.
When asked to take their child home for the rest of the day, Throne said the student's parents "flatly refused," leaving their son behind to "return to work." And because the student had no prior disciplinary actions on his record, school counselors decided to allow him to return to his class, rather than send him to what they thought would be an empty home, Throne explained.