Mother jailed after 6-year-old boy shot teacher

Abigail Zwerner yelled at the children to get to safety after she was shot. Photo: Enterprise News

The mother of a six-year old man who shot his teacher should be prosecuted for "deliberate" Violence, US authorities say, as the school also faces allegations that it failed to protect its employees.

The allegations are the latest development in a Virginia case in which a boy shot and killed Abigail Zwerner, a first grade teacher at Richneck Elementary School in Newport News. The January incident was the third school shooting in the city in 17 months.

Prosecutions did not charge the child, but argued that his 25-year-old mother was guilty because she bought the gun and allegedly did not keep it safe. The woman, who the Telegraph chose not to name, will also be charged with child neglect.

Diane Toscano, an attorney for Ms Zwerner, said «gaps in accountability on several levels» led to the shooting.

“Today’s announcement addresses just one of those failures,” Ms. Toscano said in a statement.

A lawyer filed a $40 million lawsuit last week against the school and some administrators, claiming that «they let her down miserably.» on the day of her execution.

"As a result of their inaction, a six-year-old student shot Abby, and she will never be the same again" Miss Toscano said.

"She's had four surgeries and still has a bullet stuck in her. In addition to holding the school division accountable for its failures, this lawsuit is a means of bringing justice to Abby in this tragic but entirely avoidable situation."

Days after the shooting, school authorities reported, that the Richneck Elementary School Administration suspected that the child might have had a weapon. They searched the boy's backpack but did not find a gun.

Lawyers for Ms Zwerner said in the lawsuit that all defendants knew the boy «had a history of random abuse» at school and at school. at home, including an episode a year earlier when he «suffocated and strangled» his kindergarten teacher.

Family defendants told The Associated Press after the January 6 shooting that the gun was in the mother's wardrobe on a shelf over 6 feet high and that it had a trigger that required a key.

The family said the boy has an «acute disability» and is covered by a care plan «which provides that his mother or father attends school with him and accompanies him to lessons every day.» According to them, the week of the shooting was the first time that the parent was not in the classroom with him.

Police Chief Steve Drew repeatedly described the shooting as «premeditated». He said there was no warning and no struggle before the child pointed the gun at Ms. Zwerner and fired once, hitting her arm and chest.

The injured teacher escorted her students out of the classroom before being rushed to the hospital, where she stayed for nearly two weeks.

After the shooting, the school board fired the district principal and Assistant Principal Richneck resigned from the school department. The director is still working in the county.

Richneck also installed metal detectors before reopening three weeks after the shooting.

Howard Gwynn, the city's chief prosecutor, confirmed on Monday that the investigation is ongoing and that other adults could be charged.

"A special grand jury will conduct an investigation to determine whether additional charges against additional individuals are justified by the facts and the law" Mr Gwynn said.

Virginia's criminal child neglect law states that any parent, guardian, or other person responsible for the care of a child «whose willful act or omission in the care of such child was so gross, unreasonable, and guilty as to be reckless «. disregard for human life» is considered a felony punishable by up to five years in prison.

Adults can also face up to one year in prison if they «negligently leave a loaded, unsecured firearm in a manner that exposes danger to the life or health of any child under the age of fourteen.

Despite the large number of school shootings in the United States, since 1970 there have been only 16 cases where the perpetrator was under 10.

According to Virginia law, a six-year-old child cannot be charged as an adult, regardless of the severity of the crime.

Even if charged in juvenile court, the minimum age for juvenile detention is 11 years. Mr. Gwynn said it would be «problematic»; charge the boy because such a small child does not understand the legal system.