GROSSE POINTE, Mich. – In an unprecedented legal maneuver, the parents of a teenager killed in a 2023 high-speed crash in Grosse Pointe are using a nearly century-old Michigan statute to pursue criminal charges against the driver’s mother, after prosecutors declined to do so.
The case has sparked a complex legal battle, pitting private citizens’ rights against prosecutorial discretion.
A Grosse Pointe Farms judge recently authorized involuntary manslaughter charges against Elizabeth Tague, whose 16-year-old son was driving a BMW at 105 mph when he crashed, killing passenger Flynn MacKrell.
The charges stem from allegations that Tague knew about her son’s history of reckless driving but continued to provide him access to high-performance vehicles.
The unusual legal strategy relies on a 1927 statute that allows private citizens to pursue criminal charges if they can convince a judge there’s sufficient evidence and post a security bond.
The law has reportedly been used only once before, in a 1976 Detroit case.
“The statute is on the books. The statute is presumed valid,” said Arthur Weiss, attorney for Flynn MacKrell’s parents, Anne Vanker and Thad MacKrell. “It’s like the poster child of giving citizens the right to seek redress when an elected county executive refuses to do that.”
The Wayne County Prosecutor’s Office had previously charged only the teenage driver in the case.
However, the victim’s parents maintained this wasn’t sufficient, arguing the mother’s alleged knowledge of her son’s driving history warranted criminal charges.
The case has hit a roadblock, with prosecutors from both the county and the Michigan Attorney General’s Office challenging the judge’s authority to appoint a special prosecutor.
They argue that only the county prosecutor has the power to make charging decisions, according to court documents.
Municipal Judge Charles Berschback’s decision to allow the case to proceed is now pending review by a higher court, following a motion to recuse by Tague’s defense attorney.
The Michigan Supreme Court Administrative Office will appoint another judge to review the recusal.
Tague appeared in court on Nov. 5 with attorney Gerald Evelyn, but the scheduled arraignment did not proceed due to ongoing legal challenges.
“It’s not a matter of this being a frivolous suit. It’s got merit. So, why are they impeding it?” Weiss said. “Until the Michigan Supreme Court declares the statute unconstitutional, my clients have a right to get redress against a woman they feel is responsible for their son’s death.”
The teenage driver was sentenced in June 2025 for his role in the crash.