6-year-old who shot teacher in Virginia classroom won’t face charges but adults may
A troubled 6-year-old boy who shot a teacher in the chest as she taught his class at Richneck Elementary School in Newport News, Virginia, in January will not face criminal charges, Newport News Commonwealth's Attorney Howard Gwynn has revealed.
In an interview with NBC News published Wednesday, Gwynn said the concept of a 6-year-old standing trial "is problematic" because a child that age would not be able to understand the legal system or adequately help an attorney.
However, Gwynn left the possibility open to charge any adult responsible for what happened.
Get Our Latest News for FREE
"Our objective is not just to do something as quickly as possible," Gwynn said. "Once we analyze all the facts, we will charge any person or persons that we believe we can prove beyond a reasonable doubt committed a crime."
Since the shooting of 25-year-old teacher Abigail Zwerner on Jan. 6, it has been revealed that she repeatedly begged school administrators for help with the boy, but her complaints fell on deaf ears.
A three-page notice of claim filed by Zwerner's attorney Diane Toscano last month details a history of violent behavior from the first-grade student toward her client and other teachers and students before the shooting.
The filing also shows how the school's since-removed Assistant Principal Ebony Parker failed to seriously treat warnings that the student had a gun before the shooting.
"Three different times Assistant Principal Parker was warned by concerned teachers or employees that the shooter had a gun on him at school," the claim says. "The tragedy was entirely preventable if Assistant Principal Parker had done her job and acted when she had knowledge of imminent danger."
Children younger than 7 are presumed unable to form the intent to carry out an illegal act under Virginia law, but someone could be charged for failing to secure the gun used in the shooting.
It is unclear how the boy gained access to the gun secured with a trigger lock and kept on the top shelf of his mother's bedroom closet. In a statement through attorney James Ellenson, the boy's family previously said they were praying for Zwerner, who was recently released from a local hospital. The family also noted that the boy has an "acute disability."
"Our son suffers from an acute disability and was under a care plan at the school that included his mother or father attending school with him and accompanying him to class every day. Additionally, our son has benefitted from an extensive community of care that also includes his grandparents working alongside us and other caregivers to ensure his needs and accommodations are met," the statement said. "The week of the shooting was the first week when we were not in class with him. We will regret our absence on this day for the rest of our lives."
