The 6-year-old Virginia student accused of shooting his first-grade teacher in January will not face criminal charges, according to the city prosecutor.
The situation is “problematic” given the age of the suspect, who most likely wouldn’t understand the full measure of the charges against him, nor have the competency to stand trial, Newport News Commonwealth’s Attorney Howard Gwynn told NBC News.
The 6-year-old student who shot his teacher in Virginia won’t face criminal charges, Newport News prosecutor tells @NBCNews.
The prosecutor has yet to decide whether any adults associated with the case could be held criminally liable. https://t.co/3SByUXwNdT
— NBC News (@NBCNews) March 9, 2023
Abigail Zwerner, 25, was in the middle of teaching her class Jan. 6 at Richneck Elementary School when one of her students pulled out a firearm, aimed it at Zwerner and pulled the trigger. Though Zwerner sustained life-threatening injuries, her condition stabilized once she was transported to the hospital for care.
The student in question reportedly struggles with behavioral issues that require a parent or guardian to attend classes with him. On the week of the shooting, however, no parent or guardian was present — something the family said they would always regret.
Though the firearm used in the shooting was legally obtained by the boy’s mother and reportedly secured, the child was allegedly able to access the weapon by some means and bring it to school.
“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,” Zwerner’s attorney Diane Toscano said at a news conference Jan. 25.
Though Newport News Police Chief Steve Drew called the shooting “intentional,” legal expert Julie McConnell told the Associated Press the situation is apparently not that simple. (RELATED: Police Praise Teacher For Hustling Students Out Of The Room After Getting Shot in Hand, Chest By 6-Year-Old)
“You have to be able to show that they understand the seriousness of it, planned it, and executed it,” McConnell said. “It would be very hard to prove that a 6-year-old could understand that what he did could have permanent consequences.”
Gwynn has not ruled out the possibility that anyone else allegedly connected to the shooting could be charged with criminal responsibility in the incident, NBC reported.
“Our objective is not just to do something as quickly as possible,” Gwynn told the 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.”