{"id":8710013,"date":"2023-01-10T03:58:33","date_gmt":"2023-01-10T11:58:33","guid":{"rendered":"https:\/\/www.eastbaytimes.com\/?p=8710013&preview=true&preview_id=8710013"},"modified":"2023-01-10T05:33:55","modified_gmt":"2023-01-10T13:33:55","slug":"chief-6-year-old-shot-virginia-teacher-during-class-lesson-2","status":"publish","type":"post","link":"https:\/\/www.eastbaytimes.com\/2023\/01\/10\/chief-6-year-old-shot-virginia-teacher-during-class-lesson-2\/","title":{"rendered":"Chief: 6-year-old shot Virginia teacher during class lesson"},"content":{"rendered":"

By BEN FINLEY and DENISE LAVOIE<\/p>\n

NEWPORT NEWS, Va. (AP) \u2014 In the moments before a 6-year-old Virginia boy shot his teacher, there was no fight, no physical struggle and no warning, authorities said Monday.<\/p>\n

\u201cWhat we know today is that she was providing instruction. He displayed a firearm, he pointed it and he fired one round,\u201d Newport News police Chief Steve Drew said.<\/p>\n

Drew, who spoke during a news conference, offered the first detailed description of a shooting that shocked the city and was notable even in a country like the United States that seems inured to constant gun violence. Drew had previously said that the shooting was not accidental and had declined to elaborate.<\/p>\n

Drew said he wanted to clarify remarks he made just after the shooting on Friday, when he said there was an \u201caltercation\u201d before the shooting. He said it was more like an \u201cinteraction\u201d between the boy and his first-grade teacher at Richneck Elementary School, 25-year-old Abby Zwerner.<\/p>\n

But Drew also reiterated that the shooting was \u201cnot accidental.\u201d<\/p>\n

\u201cIt was intentional,\u201d he said.<\/p>\n

Drew also revealed that the 9mm handgun used by the boy was legally purchased by his mother and was in the family\u2019s home. He said the boy brought it to school in his backpack the day of the shooting.<\/p>\n

Zwerner put up her hand in a defensive position when the gun fired, and the bullet went through her hand and into her upper chest, Drew said. Although her injuries were initially considered life-threatening, she has improved and is currently listed in stable condition at a hospital.<\/p>\n

Drew hailed Zwerner as a hero for quickly hustling her students out of the classroom after she was shot. He said surveillance video shows she was the last person to leave her classroom.<\/p>\n

\u201cShe made a right turn and started down the hallway, and then she stopped. \u2026 She turned around and make sure every one of those students was safe,\u201d Drew said.<\/p>\n

Drew said a school employee rushed into the classroom and physically restrained the boy after hearing the gunshot. He said the boy became \u201ca little combative\u201d and struck the employee. Police officers arrived and escorted him out of the building and into a police car.<\/p>\n

The boy has been held at a medical facility since an emergency custody order and temporary detention order were issued Friday, Drew said. He said it will be up to a judge to determine what the next steps are for the boy. He also said the boy\u2019s mother has been interviewed by police, but it is unclear whether she could potentially face any charges.<\/p>\n

As questions loomed about the boy and his mother, Zwerner\u2019s friend told a crowd gathered at a Monday night vigil that the first-grade teacher has shown \u201cdedication and love for what she does day in and day out.\u201d<\/p>\n

\u201cAbby is a warrior and she demonstrates mental and physical strength every day,\u201d said Rosalie List, a 2nd grade teacher at Richneck. \u201cI\u2019m so proud of her.\u201d<\/p>\n

Lauren Palladini, Richneck\u2019s school counselor, told the crowd that Zwerner is \u201csweet. She\u2019s thoughtful. She\u2019s caring. And she\u2019s been one of the most amazing teachers that I\u2019ve been blessed to interact with.\u201d<\/p>\n

Amanda Bartley, who teaches at another elementary school in the city, asked everyone to pray for Zwerner and to \u201cpray for the young man who did this.\u201d<\/p>\n

As she passed out candles before the vigil, Bartley told The Associated Press that she organized the event to support Zwerner and to uplift others. But, she said, many questions remain unanswered.<\/p>\n

Among them: \u201cHow did he get the gun? Why wasn\u2019t it locked up? A good gun owner knows that you lock up your weapon. You have a safety on. You keep the ammunition separate from the weapon itself.\u201d<\/p>\n

Gun owners can be prosecuted under a Virginia law that prohibits anyone from recklessly leaving a loaded, unsecured gun in a manner that endangers the life or limb of children under 14. A violation of that law is a misdemeanor, punishable by a maximum jail sentence of one year and a maximum fine of $2,500.<\/p>\n

Virginia does not have a law that requires unattended guns to be stored in a particular way or a law that requires gun owners to affirmatively lock their weapons.<\/p>\n

\u201cVirginia definitely has a weaker law than many other states that have child access prevention laws,\u201d said Allison Anderman, senior counsel and director of local policy at Giffords Law Center to Prevent Gun Violence.<\/p>\n

Legal experts said even though it is theoretically possible under Virginia law to criminally charge a 6-year-old child, there are numerous obstacles to doing so and it\u2019s highly unlikely that any prosecutor would even try.<\/p>\n

To be tried as an adult in Virginia, a juvenile must be at least 14. A 6-year-old is also too young to be committed to the custody of the Department of Juvenile Justice if found guilty. In addition, a common law doctrine known as the \u201cinfancy defense\u201d holds that children under 7 cannot be prosecuted for a crime because they are so young that they are incapable of forming criminal intent.<\/p>\n

A judge would also have to find that the child was competent to stand trial, meaning that he could understand the legal proceedings against him and assist in his own defense, said Andrew Block, a professor and the University of Virginia School of Law who was the director of Virginia\u2019s Department of Juvenile Justice from 2014 to 2019.<\/p>\n

\u201cIt\u2019s virtually impossible to imagine a 6-year-old being found competent to stand trial,\u201d Block said.<\/p>\n

Julie E. McConnell, a law professor at the University of Richmond who has worked on youth justice cases for more than 25 years, said prosecutors can file what\u2019s known as a \u201cChild in Need of Services\u201d petition in cases in which a child\u2019s behavior or condition presents or results in a serious threat to the child\u2019s well-being and physical safety.<\/p>\n

A judge would then have an array of options, including: ordering services such as counseling or anger management; allowing the child to remain with his parents, subject to conditions; ordering the parents to participate in programs or cooperate in treatment; or transferring custody of the child to a relative, child welfare agency or a local social services agency.<\/p>\n

___<\/p>\n

Lavoie reported from Richmond.<\/p>\n","protected":false},"excerpt":{"rendered":"

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