Abigail Zwerner shooting: 6-year-old boy who shot teacher won't face charges, says prosecutor
NEWPORT NEWS, VIRGINIA: A six-year-old Virginia boy who shot his elementary school teacher would not be criminally charged, said a prosecutor and added that he has to decide if there are any adults associated with the incident who would be held criminally liable.
In an interview with the NBC News, Newport News Commonwealth’s Attorney Howard Gwynn said that the "prospect that a 6-year-old can stand trial is problematic" since a child of that age would not have the competency "to understand the legal system and what a charge means or adequately assist an attorney." Gwynn told the news station that he does not believe that it would be right for him to hold the young boy accountable for the death of his second-grade teacher. He, instead, is focusing on others.
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According to the young boy's family, the six-year-old reportedly suffered from an "acute disability" which included an allowance for one of his parents to accompany him to class every day. Unfortunately, the week when the incident took place marked the first time a parent was not present.
Who owned the firearm?
Abigail Zwerner, 25, was shot by the boy with a handgun which was owned by his mother when she was teaching in the class. Police said that the boy’s mother had legally purchased the 9mm handgun used in the shooting. The family has previously claimed that they kept the firearm "secured" in the mother’s closet on a shelf well over six feet high, with a trigger lock that required a key.
"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."
Why the boy will not be criminally charged?
As per Virginia law, six-year-olds are not allowed to be tried as adults. Also, a six-year-old is too young to be committed to the custody of the Department of Juvenile Justice if found guilty. However, a juvenile judge has the authority to revoke a parent’s custody and place a child under the purview of the Department of Social Services.
Zwerner is suing the school district
Following the shooting, the elementary school teacher decided to sue the school district. On January 25, her attorney, Diane Toscano said that the school administrators were warned three times by concerned teachers and employees on the day of the shooting regarding the fact that the boy had a gun on him and was threatening other students, "but the administration could not be bothered."
"On that day, over the course of a few hours, three different times — three times — school administration was warned by concerned teachers and employees that the boy had a gun on him at the school and was threatening people. But the administration could not be bothered," Toscano told Fox News.
Richneck Elementary School was forced to remove the school district's superintendent amid backlash from concerned parents accusing the school of negligence.