For the Defense - Vol. 9, Issue 3 - 31

the shooting itself despite it being his firearm that his son used
to carry out the incident. Fryberg had lied on the application
form he filled out when purchasing the guns, intentionally not
disclosing the fact that he was the subject of a restraining order,
which he would otherwise have prevented him from purchasing
the weapon. Prosecutors requested a 33-month sentence of
incarceration and Fryberg was ultimately sentenced to two years
in prison.25
Examining the Applicable Law in Pennsylvania
Involuntary Manslaughter
Following the discussion of the above out-of-state cases, an
examination of the applicable laws of the Commonwealth of
Pennsylvania is required.
The Pennsylvania statute for involuntary manslaughter
(18 Pa.C.S. § 2504) reads as follows; " [a] person is guilty of
involuntary manslaughter when as a direct result of the doing of
an unlawful act in a reckless or grossly negligent manner, or the
doing of a lawful act in a reckless or grossly negligent manner,
he causes the death of another person. " 26
The callout phrase in the Pennsylvania statue for involuntary
manslaughter here is the " as a direct result of the doing of
an unlawful act " -specifically the word " doing " . As such,
involuntary manslaughter occurs in Pennsylvania when a person
unintentionally causes the death of another individual because of
reckless or negligent behavior on their part.
Pennsylvania law has strict definitions for what constitutes
criminally reckless or negligent behavior. Under 18 Pa.C.S. § 302(b)(3):
[a] person acts recklessly with respect to a material
element of an offense when he consciously disregards
a substantial and unjustifiable risk that the material
element exists or will result from his conduct. The risk
must be of such a nature and degree that, considering
the nature and intent of the actor's conduct and the
circumstances known to him, its disregard involves
a gross deviation from the standard of conduct that
a reasonable person would observe in the actor's
situation.27
And further, under 18 Pa.C.S. § 302(b)(4):
(4) [a] person acts negligently with respect to a material
element of an offense when he should be aware of
a substantial and unjustifiable risk that the material
element exists or will result from his conduct. The risk
must be of such a nature and degree that the actor's
failure to perceive it, considering the nature and
intent of his conduct and the circumstances known to
him, involves a gross deviation from the standard of
care that a reasonable person would observe in the
actor's situation.28
In the Michigan case, Jennfier and James Crumbley were
convicted of involuntary manslaughter specifically due to
their alleged failure to take actions that could supposedly
have prevented their son Ethan from killing and wounding
his classmates and teacher. Under the strict wording of the
Pennsylvania statute, the important focus in this type of case
should be that an individual should not be found guilty of
involuntary manslaughter simply for a failure to perform the type
of actions at issue in the Crumbley case, as the statute requires
" the doing of an unlawful act " , which specifically refers to action,
rather than inaction.
Further, the type of inaction alleged against Jennifer and James
Crumbley does not seem to fit the Pennsylvania definitions of
either reckless or grossly negligent conduct above, which both
require that the conduct be a " gross deviation " from that of a
reasonable person in the actor's situation. In the Crumbley's
scenario, the school counselors and superintendent, who were
placed into a comparable situation as the parents, also failed
to take any direct action to prevent Ethan from eventually
perpetrating the shooting. Specifically, school administrators did
not suspend him from school, search his belongings or locker,
or take any action beyond simply calling his parents in for a
conference to discuss his recent behavior. As such, if the school
officials and employees who were involved in the matter with
Ethan Crumbley and his parents are considered to be " reasonable
persons " , the lack of action on the part of Crumbley's parents
is not a " gross deviation " from that of a reasonable person in
their situation, and as such should not likely be viewed under
Pennsylvania law to be either reckless or negligent.
As such, the alleged lack of action on the part of the Crumbleys
was arguably not enough to qualify as " the doing of an unlawful
act " nor reckless or grossly negligent behavior compared to the
action and inaction taken by reasonable persons in the same
situation under the laws of Pennsylvania. Therefore, the type
of inaction alleged in the Crumbley case is arguably not covered
under the Pennsylvania statutory definition of involuntary
manslaughter.
Possession of a Firearm by a Minor
At least 27 states as well as the District of Columbia have
expressly made it a crime for parents and guardians to carelessly
permit minor children unsupervised access to firearms.29
However,
in a similar fashion to the laws of Virginia discussed above,
Pennsylvania does not have any laws which require firearm
owners to safely store their unattended guns in any fashion. Nor
does Pennsylvania have any specific law imposing criminal penalty
on an individual whose failure to safely secure an unattended
firearm renders it easily accessible to minor children. Despite
these facts, Pennsylvania law does provide for criminal liability
for parents and guardians for permitting a minor to use their
firearms, but only in very limited circumstances. As a result, these
types of cases regarding parental liability for a child's unlawful
use of a firearm are extremely rarely prosecuted in Pennsylvania.
Rather, under the laws of the Commonwealth of Pennsylvania,
specifically 18 Pa.C.S. § 6110.1 " Possession of Firearm by Minor " ,
possession of any firearm by persons under the age of 18 years
old is prohibited anywhere in the state, absent several noted
exceptions. Pursuant to 18 Pa.C.S. § 6110.1(b), this prohibition
does not apply to a minor:
(1) who is under the supervision of a parent,
grandparent, legal guardian or an adult acting with
the expressed consent of the minor's custodial parent
or legal guardian and the minor is engaged in lawful
activity, including safety training, lawful target
shooting, engaging in an organized competition
involving the use of a firearm or the firearm is
Vol. 9, Issue 3 l For The Defense 31
For the Defense - Vol. 9, Issue 3

Table of Contents for the Digital Edition of For the Defense - Vol. 9, Issue 3
