by NEWPORT NEWS, VIRGINIA — A civil trial began this week in one of the most shocking school shooting incidents in recent memory — a $40 million lawsuit filed by a Virginia teacher who was shot by her 6-year-old student in early 2023. The case, now underway in Newport News Circuit Court, has reignited debate over school safety, administrative responsibility, and accountability in cases involving very young offenders.
Teacher Alleges Negligence by School Officials
The plaintiff, Abby Zwerner, was a first-grade teacher at Richneck Elementary School when she was shot in the hand and chest by a student during class on January 6, 2023. According to her attorney, Diane Toscano, multiple warnings were raised that morning — yet school officials, including former assistant principal Ebony Parker, allegedly failed to act.
Zwerner’s lawsuit claims that at least four separate individuals told Parker they believed the boy had brought a gun to school that day. Despite those alerts, Toscano said Parker failed to search the student, remove him from the classroom, or notify law enforcement.
“She made bad decisions and choices that day,” Toscano told jurors in her opening statement. “Those choices nearly cost my client her life.”
The shooting left Zwerner severely injured, requiring six surgeries and weeks of hospitalization. A bullet remains lodged in her chest, and she has permanent damage to her left hand, according to court filings.
The Day of the Shooting
The incident occurred just after the 6-year-old student returned from a suspension for slamming Zwerner’s phone two days earlier. On that Friday morning, multiple staff members reportedly voiced concerns about the child’s behavior and rumors that he had a firearm in his backpack.
Despite those warnings, no action was taken before the child pulled out a handgun during a reading activity and shot Zwerner at close range.
The shocking act sent ripples through the Newport News community, known largely for its shipbuilding industry, and sparked a nationwide conversation about how a first-grader could access and use a firearm.
Defense Argues the Shooting Was Not Foreseeable
During opening statements, Parker’s attorney, Daniel Hogan, argued that his client was being unfairly blamed for an unforeseeable tragedy.
“No one could have imagined that a 6-year-old, first-grade student would bring a firearm into a school,” Hogan told the jury.
He described decision-making within a public school as a “collaborative process,” warning jurors against what he called “Monday morning quarterbacking.”
“The law knows that it’s fundamentally unfair to judge another person’s decisions based on information that came up after the fact,” Hogan said. “You must evaluate her choices as they were made in real time.”
Other Defendants Dismissed from the Case
While Zwerner initially named multiple parties in her lawsuit — including the school district’s superintendent and Richneck Elementary’s principal — the judge dismissed those defendants earlier this year, leaving Parker as the sole remaining defendant.
Parker is also facing a separate criminal trial next month, where she’s charged with eight counts of felony child neglect — one for each of the bullets that endangered students in the classroom, according to prosecutors. Each count carries a maximum sentence of five years in prison.
Rare Criminal Charges in School Shooting Case
Legal experts note that criminal charges against school officials following a shooting are exceptionally rare. Most school-related shootings involve external threats or older students, not children as young as six.
“This case is unprecedented,” said Dr. Laura Simmons, an education law professor at the University of Virginia. “It raises difficult questions about where responsibility begins and ends when the perpetrator is a very young child.”
The child involved in the shooting was not charged due to his age. However, his mother, Deja Taylor, was sentenced to nearly four years in prison on federal weapons charges and felony child neglect after investigators found she failed to properly secure the firearm her son used.
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Broader Implications for School Safety
The Richneck Elementary shooting has prompted many school districts nationwide to review their safety protocols, especially regarding student behavior reporting and threat assessment.
The Newport News Public Schools system has since introduced mandatory response guidelines for potential weapon threats and increased collaboration with school resource officers.
As the trial unfolds, educators, parents, and policymakers alike are watching closely, as the case could set a new precedent for administrative accountability in school safety failures.
Join the Discussion
Do you think school officials should face criminal or civil penalties when they ignore warnings about potential threats — or does that go too far? Share your thoughts in the comments on race-day-live.com.
