NEWPORT NEWS, Va. — The 6-year-old boy accused of shooting a Virginia first-grade teacher will not be charged with a crime, a Newport News official said Wednesday.
Newport News Commonwealth’s Attorney Howard Gwynn told WTKR-TV and NBC News that charges will not be filed in the Jan. 6 shooting of Abby Zwerner at Richneck Elementary School.
“We do not believe the law supports charging and convicting a 6-year-old with aggravated assault,” Gwynn said in a telephone interview with WTKR.
Zwerner, 25, was wounded in the shooting, which was the third on school property in the district over the past 18 months, The Virginian-Pilot reported. There were shootings in 2021 at Heritage and Menchville high schools, according to the newspaper.
In an interview with NBC News, Gwynn said the “prospect that a 6-year-old can stand trial is problematic,” although theoretically, the boy could be criminally charged under Virginia law.
“Our objective is not just to do something as quickly as possible,” Gwynn told the news outlet. “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.”
Gwynn added that his office is focusing on determining the facts and whether anyone else can be charged with a crime, WTKR reported.
The shooting has resulted in a potential lawsuit filed on behalf of Zwermer, the firing of Superintendent George Parker III and the resignation of assistant principal Ebony Parker, NBC News reported.
Diane Toscano, the attorney representing Zwerner, filed a lawsuit in January against Newport News Public schools, stating that the incident could have been “entirely preventable,” according to WAVY-TV.
Zwermer was shot in the chest after the bullet passed through one of her hands, Newport News Chief of Police Steve Drew told reporters.
Young children charged with an offense as serious as a shooting can be held at a juvenile detention facility, legal experts told The Virginian Pilot in January. An obstacle for prosecutors would be the infancy defense, which states that young children are incapable of forming criminal intent and therefore are not legally capable of committing a crime, according to the newspaper.
In the days after the shooting, the school board announced that walk-through metal detectors would be placed in every school, WTKR reported. There have been two metal detection systems installed at Richneck Elementary, and two security officers have been assigned to the school, school district spokesperson Michelle Price told the television station.
After the shooting, the child’s family said in a statement that the weapon had been “secured” their home and that they have “always been committed to responsible gun ownership and keeping firearms out of the reach of children,” NBC News reported.
The family also said the boy has an acute disability and was receiving the “treatment he needs” under a court-ordered temporary detention at a medical facility.
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