Criminal Trial of Former VA Principal Dismissed in 6-Year-Old's School Shooting
The criminal trial of Ebony Parker, former assistant principal at Richneck Elementary School in Newport News, Virginia, concluded on Thursday when a circuit court judge dismissed all eight felony child neglect charges against her. The charges stemmed from a January 6, 2023, incident in which a 6-year-old student shot and wounded first-grade teacher Abigail "Abby" Zwerner.
Trial Outcome
Judge Rebecca Robinson struck all eight counts, ruling that the prosecution had not made its case.
According to the court, the actions alleged did not constitute a crime under Virginia law. The case was dismissed with prejudice, meaning it cannot be refiled. Parker had pleaded not guilty to the charges.
Charges and Allegations
Parker faced eight counts of felony child neglect—one for each bullet in the firearm used—each carrying a maximum sentence of five years in prison. Prosecutors alleged that Parker committed a willful act or omission showing reckless disregard for human life.
Special prosecutor Josh Jenkins argued that Parker received multiple warnings from school employees that the student might have a gun in his backpack. According to Jenkins, Parker did not:
- Search the child
- Call police
- Remove the child from the classroom
- Leave her office
A school counselor requested permission to search the child, but Parker denied the request, citing policy that only an administrator or security officer could conduct searches. The school's security officer was absent at another school that day.
Jenkins contended that Parker was "the only person in the school with both authority and knowledge of the threat."
Defense Position
Parker's defense attorney, Curtis Rogers, argued that other staff members—including teacher Abby Zwerner—had authority to separate the child from other students if they believed a gun was present.
Rogers stated the prosecution must prove Parker's actions "showed a reckless disregard for human life."
He questioned why other individuals with direct contact with the child were not charged.
Trial Testimony
The prosecution called 16 witnesses, including school educators, law enforcement officers, and parents.
Several educators testified that they informed Parker about suspicions the child had a firearm at school. Parker directed an educator to search the boy's backpack but recommended against searching his pockets until his mother arrived.
Abby Zwerner testified that the student had slammed her phone to the ground days before the shooting and was in a "violent" mood on the day of the incident. During recess, the student wore an oversized jacket with both hands in his pockets; Zwerner texted a reading specialist, who had been warned by students about the gun. The specialist then reported to Parker.
After recess, the student continued wearing the jacket in the classroom. Zwerner was shot at a reading table.
Injuries and Aftermath
Zwerner spent nearly two weeks in the hospital, required six surgeries, and does not have full use of her left hand. A bullet remains lodged near her heart. She no longer works at the school and has since obtained a cosmetologist license.
Related Legal Proceedings
Civil Case
In November 2023, a civil jury awarded Abby Zwerner $10 million after finding Parker liable for ignoring warning signs. Parker was the sole defendant after the school district's superintendent and principal were dismissed from the lawsuit. Parker has appealed the civil verdict.
Parent's Case
The student's mother, Deja Taylor, was sentenced to:
- Two years on state felony child neglect charges
- 21 months on a federal charge for using marijuana while owning a firearm
Prosecutors reported the child obtained his mother's handgun from her purse, which was on top of a dresser. The shooting occurred on the student's first day back at school following a suspension.
Student's Status
Prosecutors have stated that the child, who has "extreme emotional issues," will not be criminally charged.
Legal Context
Criminal charges against school officials following a school shooting are rare.