Dec 22, 2024

Six-Year-Old allegedly shoots Virginia teacher with mother’s legally purchased gun, as federal and state laws protect him

by Diane Lilli | Jan 10, 2023
Sign outside Richneck Elementary School displaying "HAPPY NEW YEAR" with police presence in the foreground. Photo Source: A teacher was injured in a shooting Friday afternoon, Jan. 6, 2023, at Richneck Elementary School in Newport News, Virginia, according to police and school officials. (Billy Schuerman/The Virginian-Pilot/Tribune News Service via Getty Images)

It was an ordinary, hectic Friday at the Richneck Elementary School in Newport News, Virginia, where first-graders were sitting in their seats listening to their teacher, Abigail Zwerner. Suddenly, a six-year-old boy took out a 9mm handgun, aimed it at Ms. Zwerner, and pulled the trigger with a single shot.

Among chaos and screams, the 25-year-old teacher heroically led her approximately 18 children out of the classroom, as the bullet that tore through her raised hand and chest created a dangerous and perhaps fatal wound. Authorities said the gun had more than one round, though the little boy only pulled the trigger only once.

The entire school went on lockdown, and the police quickly arrived, whisking the gravely injured teacher to the hospital. Luckily, though Ms. Zwerner’s condition was first listed as ‘life-threatening,’ she is now reported to be in stable condition.

Once at the school, Newport News police watched the video that operates in the Richneck Elementary School. What they viewed was shocking yet awe-inspiring, due to the teacher’s heroic behavior, said Newport News Police Chief Steve Drew.

“Ms. Zwerner was the last person to leave that class,” said Chief Drew. “She made a right turn and started down the hallway and then she stopped. She turned around to make sure every one of those students was safe.”

Speaking in a news conference on Monday, authorities said the shooting was “unprecedented,” and that the gun was legally purchased by the boy’s mother.

However, the authorities noted that it is still unknown whether the six-year-old or anyone else including his mother will be charged in this case.

The authorities said there was no clear motive as to why the little boy shot his teacher. Video shows nothing in particular occurred when the boy shot Ms. Zwerner, and that the gun had been in his backpack.

The timeline and physical evidence are straightforward, according to authorities who said there is school video and numerous witnesses. After evacuating the school, with all the other children and staff safe, the police entered the classroom, where they said they saw a 9MM Taurus handgun on the floor next to the six-year-old’s desk, along with one spent shell and the boy’s backpack.

In an interview with the little boy and his mother, the authorities said they confirmed the gun had been in the child’s home and that his mother drove them to school that morning. The gun was legally purchased in York County, Virginia.

In Newport News, a school employee who was in the hallway during the shooting restrained the little boy and said he was struck by the boy, who was “agitated,” until the police arrived. Once at the bloody scene, the police requested and received an emergency order from a Virginia magistrate. They then took the six-year-old who allegedly shot his teacher to the hospital. Once there, the little boy was evaluated by doctors and placed under a court-ordered mental health order for treatment.

Authorities said that as of today, he is still in custody in a local, unnamed medical facility. The six-year-old will appear before a judge within eight days.

Questions of law pertaining to child shootings in classrooms or at home with family guns is a growing issue in the US. In some states, children as young as ten years old are charged as adults, as in the case of a Milwaukee boy charged with the murder of his mother over the purchase of a video game. In Michigan, state laws mandate that children ages nine and younger cannot be charged with a crime.

The Supreme Court, in 1893, ruled that “children under the age of seven years could not be guilty of felony, or punished for any capital offense, for within that age the child is conclusively presumed incapable of committing a crime.”

Cases of a six-year-old child shooting others are very rare. Only one other such case stands out in the US. In 2000 in Flint, Michigan, a six-year-old boy shot and killed a 6-year-old girl, Kayla Rolland. At the time, he was the youngest shooter in US history. Due to his age, he was never charged with any crimes. In this case, adult Jamelle James was sentenced and found guilty of involuntary manslaughter since it was his unsecured gun used to kill Kayla Rolland. He served two years and five months in prison.

Since the six-year-old Newport News alleged shooter is so young, it is unknown if or how he will be charged. However, a legal case against such a young child would be burdensome, since under Virginia law, anyone under seven is presumed not to be capable of having the requisite intent to commit any illegal act.

Charging a six-year-old in attempted murder or shooting is new territory for the law, said Chief Drew.

“None of us have a lot of information about dealing with something like this,” Drew said.

But how the legally purchased gun was stored is a legal matter. Since the child took the gun from his home, the parents could be criminally charged. Under Virginia state law, all guns legally purchased must be secured from children under the age of 14. The parents have not yet been charged with any crimes.

Virginia Governor Glenn Youngkin told the Washington Post in a meeting after the shooting that he was going to try to place more police officers in schools and institute tougher gun laws via the Virginia legislature.

However, he noted, these changes would not, as the Washington Post said, “apply to a six-year-old.”

In Virginia, a six-year-old child cannot be tried as an adult. Such a young child cannot be sent to the Department of Juvenile Justice if found guilty of a crime.

A juvenile judge may, however, remove the child from the parents’ custody and place him under the purview of the Department of Social Services.

The authorities have not yet shared their plan about how to treat the young child legally, and are working with the local prosecutor.

“We have been in contact with our commonwealth’s attorney (local prosecutor) and some other entities to help us best get services to this young man,” Chief Drew said.

After the shooting, Newport News Public Schools Superintendent George Parker III spoke at a news conference, saying the school system is reviewing all security protocols and offering counseling to students. Parker said that this is the second school shooting in the district in 17 months. The elementary school will be closed for one week.

Hailed as a hero, when Ms. Zwerner first awoke from her grueling surgery due to the shooting, she had one question for her medical team: “How are my students?”

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Diane Lilli
Diane Lilli
Diane Lilli is an award-winning Journalist, Editor, and Author with over 18 years of experience contributing to New Jersey news outlets, both in print and online. Notably, she played a pivotal role in launching the first daily digital newspaper, Jersey Tomato Press, in 2005. Her work has been featured in various newspapers, journals, magazines, and literary publications across the nation. Diane is the proud recipient of the Shirley Chisholm Journalism Award.

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