A 6-year-old who shot and critically injured a teacher on Jan. 6 in Newport News, Virginia, will not be facing charges.
Newport News Commonwealth Attorney Howard Gwynn told WAVY-TV on Wednesday the "prospect that a 6-year-old can stand trial is problematic" and he does not believe there is a legal basis to charge the child.
The teacher, Abby Zwerner, was in a first-grade class at Richneck Elementary School when police said the student shot her. Zwerner was critically injured, but showed improvement and was released from Riverside Regional Medical Center about two weeks later, according to WAVY-TV. A motive for the shooting has not been disclosed. The gun reportedly belonged to the student's mother.
Zwerner's attorney, Diane Toscano, said at a Jan. 25 news conference that Zwerner intended to file a lawsuit against Newport News Public Schools, claiming the shooting was preventable.
WVEC-TV reported Toscano accused Richneck's administrators of failing to act, disregarding safety concerns about the student by several school employees before the shooting. Toscano said Richneck teachers and employees warned administrators three different times the student had a gun and was threatening people the day of the shooting.
Gwynn told WAVY-TV his office is focusing on others who might be involved and they will charge anyone they "believe we can prove beyond a reasonable doubt committed a crime."
WVEC-TV reported James Ellison, an attorney for the family of the student who shot Zwerner, released a statement Jan. 25 that read: "On behalf of the family of the child, we continue to pray for Ms. Zwerner and wish her a complete and full recovery. Our hearts go out to all involved."
WAVY-TV reported since the shooting, the Newport News School Board fired Superintendent George Parker III. The school district also heightened security, including metal detectors and having students carry clear bookbags.
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