By Arthur Jay Weiss & Associates
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November 8, 2025
Nearly two years after a Grosse Pointe teenager was killed in a high-speed car crash, the mother of the driver who was behind the wheel that night is being charged with involuntary manslaughter over her alleged role in the tragedy — only it's not the prosecutor who is bringing the charges. Instead, it's the victim's parents. They are relying on an obscure, nearly 100-year-old statute that allows for private citizens to pursue criminal charges against other private citizens, but only if they can convince a judge there's sufficient probable cause, and post a security bond. In this case, the victim's parents convinced a Grosse Pointe Farms judge that there was probable cause to bring criminal charges against Elizabeth Tague, whose 16-year-old son crashed her BMW into a pole and a tree at 105 mph on a residential street in November 2023, claiming the life of his passenger and friend, Flynn MacKrell, a stellar swimmer and college freshman who had returned home for Thanksgiving break that night. Typically, it's the police who investigate a case and present their findings to a prosecutor, who then decides whether to charge an individual with a crime. However, in this case, Wayne County Prosecutor Kym Worthy previously decided to charge only the son. MacKrell's parents had asked Worthy to charge Tague as well, arguing she knew her son had been driving recklessly. But Worthy denied their requests in December, concluding only the driver was responsible for MacKrell's death, and that Tague had done all she could to control her son. So, MacKrell's parents took a different route: They hired veteran criminal defense attorney Art Weiss, who dug up a 1927 statute that provides an avenue for citizens to seek justice outside of the legal norms, then convinced a judge to issue a warrant charging Tague with involuntary manslaughter, arguing she should also be held responsible for their son's death. The parents, Anne Vanker and Thad MacKrell, have long argued that Tague knew for months before the tragedy that her son was blasting across highways at more than 140 mph, yet never took away his keys. According to police reports, Tague knew about his driving habits through a special safety app called Life360, and once texted him: "Slow the F--- down ... I have screen shots of you … doing 123 mph … It scares me to my bone." Still, MacKrell's parents contend, Tague gave her son access to two high-speed cars: an Audi sports coupe and her BMW X3 M series, which he took on that deadly ride in 2023 while his mom was out for the evening. "I've had extensive time to research the issues. This is, obviously, a very tragic and unique case and I've taken a very close look at this," Grosse Pointe Farms Municipal Judge Charles Berschback said at a Sept. 17 probable cause hearing, later adding: "I've struggled with this, but I do think this case should move forward." On Oct. 15, Berschback issued a summons for Tague, ordering her to appear in court on Nov. 5 for an arraignment on involuntary manslaughter charges. He also assigned a special prosecutor to handle the case, Bloomfield Hills attorney Paul Stablein, a former Oakland County prosecutor who is now in private practice. Tague showed up for the proceeding with high-profile criminal defense attorney Gerald Evelyn. But an arraignment never took place. Instead, a legal tug of war ensued, as Tague's lawyer and prosecutors with the Michigan Attorney General's Office and the Wayne County Prosecutor's Office showed up to protest the judge's actions. Prosecutors cry foul as mom's lawyer says 'there's bias in this case' In court, Evelyn expressed concern with the legal moves that had taken place, saying never in his 47 years of practicing law had he seen a private citizen bring formal charges through a judge. According to Evelyn, the 1927 statute at issue has only been used once in Michigan history — a civilian used it in 1976 to charge a Detroit police officer with assaulting him. But that case ended unsuccessfully. Evelyn noted that the defendant was ordered to post only a $1 security bond to charge the officer because he was indigent. But the Court of Appeals killed the case, in part, because the bond wasn't high enough. In this case, however, MacKrell's parents have posted a $40,000 security bond, which was ordered by the judge. The bond may help pay for the special prosecutor. Evelyn suggested the statute that Weiss and the MacKrell family are relying on may favor wealthy people, as they can afford to pay for such prosecutions, unlike the guy who lost his case in 1976 because he was indigent. But, the special prosecutor and Weiss argue that the legislative intent behind the statute is to give citizens recourse when a prosecutor has closed the door. They also said that the bond requirement is to make sure that people who seek such prosecutions are serious — and, as Weiss put it, "put their money where their mouth is." Weiss says this case isn't about whether an appellate court made the right decision nearly 50 years ago, but about whether MacKrell's parents should have the ability to seek charges against the person that they believe is responsible for their son's death. He said he believes they do, arguing the statute allows for just that, and it's still on the books. Bond issues aside, Evelyn also expressed concern with the judge's handling of the parents' claims. "We believe ... that there's a potential act of bias," Evelyn said, adding there's also an appearance of "impropriety" by the judge. Evelyn alleged the judge crossed a line on a number of fronts: The judge discussed search warrants in the case and went on his own fact-finding mission before determining there was probable cause; he reached out to the AGs office after finding probable cause; and "even expressed concern" about the case, Evelyn said. "You immersed yourself in a way that requires recusal," said Evelyn, who asked the judge to step down from the case. But Judge Berschback has refused. "I don't think I'm biased about this case in any way," Berschback said, maintaining he was "obviously focusing on the facts of the case" alone before making a charging decision. "It would be easy to disqualify myself. This is a very difficult case, in many, many ways," Berschback said. "But I don't feel that I am biased in any way." The hearing ended with Berschback agreeing to have a higher-up review his decision, and postponing further arguments. And there's lots to consider as this highly unusual case has morphed into a power struggle between the judiciary and prosecutors, with the latter maintaining they are the only ones who can make charging decisions, and that the judge overstepped on their turf. Prosecutors: Only we have the power to prosecute crimes In court documents, the Michigan Attorney General's and Wayne County Prosecutor's offices have taken issue with the judge assigning a special prosecutor, maintaining he had no authority to do so. In an Oct. 24 court filing, Worthy argues that only she has the discretionary power to make charging decisions, as the alleged crime took place in her jurisdiction. She said that by appointing a special prosecutor, Judge Berschback "usurped (her) constitutional and statutory power to prosecute all felony prosecutions in Wayne County." Moreover, both Worthy and the AG's office contend that only the state attorney general has the authority to appoint a special prosecutor in a case — not judges. And this is only done, they say, when a prosecutor has been disqualified due to a conflict of interest, or is otherwise unable to attend to his or her duties. But that didn't happen here, the AGs office argues in its own filing, noting Worthy simply chose not to prosecute the case. “She (Tague) was not directly or indirectly involved in any way in the offenses for which we have charged her son," Worthy said after announcing her decision not to charge the mom. Worthy concluded Tague, who is a single parent, did all she could to control her son, who as a teen had at least 22 documented contacts with law enforcement, most of them involving claims that he was out of control at home and breaking things in the house. “Parenting is hard in the best of circumstances," Worthy said in her statement. "Most parents do everything they can to mentor their children and steer them in the right direction. The juvenile respondent’s mother was no different. She took consistent, active steps to try to make sure that he stayed on the right path." Worthy continued: "There will be those that say she should have done more. But we have looked at all of the facts and those facts dictate no criminal charges here." Worthy's decision left MacKrell's family reeling. So did the outcome of the driver's criminal case. Kiernan Tague, who was 16 at the time of the crash, pleaded guilty to vehicular manslaughter in February and was later sent to a juvenile detention facility to serve a 19-38 month sentence. He received a blended sentence for his crime, which means he could go to an adult prison if he fails to rehabilitate himself. Currently, 11 states allow for citizen-initiated prosecution, typically by filing an affidavit, application or criminal complaint directly with the court to begin the charging process, according to a 2018 survey by the National Crime Victim Law Institute. For reasons unknown, Michigan was not on that list. The survey also found that some states, like Colorado, allow citizens to challenge prosecutorial decisions, and still others allow private citizens to ask a grand jury to consider a case, even if the prosecutor has decided not to charge. The sentence outraged MacKrell's family, who wanted him to serve adult prison time. MacKrell family: Our case is 'more egregious' than the Crumbleys The MacKrell family cited the historic prosecution of James and Jennifer Crumbley, the first parents in America to be held criminally responsible for a mass school shooting committed by their child. The Crumbleys were convicted of involuntary manslaughter last year for the deaths of four Oxford High School students who were killed by the Crumbley's teenage son in November 2021. Six other students also were shot in the massacre, as was a teacher. Two separate juries concluded the Crumbleys failed to properly secure the gun that their son sneaked out of the house to carry out his rampage. The MacKrell family argues that when it comes to parental responsibility, their case is stronger than the Crumbleys' prosecution. Specifically, they and their lawyer allege that Tague knew for months that her son often drove more than 100 mph, while the Crumbleys, they say, had no idea their son was plotting to shoot up his school. "With all due respect, I believe that this situation is more egregious than Crumbley," Weiss wrote in his request that charges be filed against Elizabeth Tague. Weiss noted that in the Oxford case, the parents hid the gun, but their son managed to find it anyway, sneaked it out of the house and shot up his school. But in the Grosse Pointe case, Weiss argued, the mother supplied the son with a vehicle over and over again, despite knowing his driving habits. "There was no attempt to hide the vehicle," Weiss writes. Rather, he argues: "Elizabeth Tague literally gave her son, Kiernan Tague, a multi-ton instrumentality of death, knowing his proclivity for extreme and reckless driving." This is the crash scene from Nov. 17, 2023, when a teenage Grosse Pointe driver lost control of a BMW at 105 mph on a residential street, killing his passenger: Flynn MacKrell, 18, a freshman at the University of Dayton who was home for Thanksgiving break. The driver, 17, was charged with second-degree murder, though the victim's family also wants his mother charged, alleging she knew her son was a dangerous driver but never took away his keys. Weiss also argues that the Crumbley prosecutions, which are on appeal, also bolster the Grosse Pointe case. "Crumbley is the law of the state of Michigan, until and if it’s reversed," Weiss told the Free Press, adding the case "pales in comparison to what this mother did." Elizabeth Tague has declined numerous requests for comment. 'It doesn't stop here ... it's essential that she's held accountable' MacKrell's family, meanwhile, has vowed to continue seeking justice for their son. That means holding the mother accountable, too, they said, stressing this isn't just about Flynn. "This is about accountability and enforcement of our laws," to effect change. "It's not necessarily about punishment," said Vanker, Flynn MacKrell's mom. "We have to stop reckless teen driving." And that can only occur, she said, when parents stop enabling their kids' reckless behavior. "It doesn't stop here," Vanker said. "It's essential that she's held accountable." Her family, Vanker said, has endured too much. "To say this is a living hell is an understatement," Vanker has said. "My life has been ruined. My family’s life is ruined. No one should ever, ever have to lose a child like this. … I still can’t believe my son — my big calm son — is gone." U pdated Nov. 7, 2025, 3:02 p.m. ET View Article
