The mother of a 6-year-old Virginia boy who shot his first-grade teacher could face jail time after failing a battery of drug tests.
Deja Nicole Taylor, 25, whose son bragged about opening fire on his teacher, Abigail Zwerner, 26, awaits sentencing federal weapons charges that she used marijuana while possessing a firearm.
Taylor pleaded guilty in June to using marijuana while in possession of a firearm. Authorities said she lied on a federal background check about her drug use when she bought the gun her son brought to school.
In August, she avoided gun crime charges after taking a plea deal. As part of the agreement, prosecutors agreed to ask the judge for a prison sentence of 18 months to 24 months.
She was released on bail under the conditions that she would undergo drug testing and receive addiction treatment. But she failed or skipped drug tests, prosecutors alleged.
The judge set her sentencing on the weapons charge for October 18. A hearing will take place in federal court regarding the revocation of bonds.
Deja Taylor arrives at federal court in Virginia Beach, Virginia on June 12, 2023. Her 6-year-old shot his teacher in a classroom
Abigail Zwerner, 25, was shot in January by a six-year-old student, who then bragged about the incident
Richneck Elementary School in Newport News, Virginia, where the shooting occurred. Several parents have filed a lawsuit against the school for failing to protect their children
Zwerner was shot at Richneck Elementary Public School on Jan. 6 as she sat at a reading table in the classroom. The day of the shooting, the 6-year-old was dropped off at school by his mother. That morning he told other children that he had a firearm in his backpack and the staff was also informed about this.
Instead of removing him from any classroom, school administrators allowed him to be around other children and teachers.
They checked his backpack for a weapon, but he had already removed it and stuffed it into his sweatshirt, according to a lawsuit later filed by Zwerner.
According to the lawsuit, the vice principal then banned all teachers from searching the boy themselves.
At 1:59 p.m., he pulled the gun from his sweater and shot Zwerner in the chest. The bullet first hit one of her hands, which she says saved her life.
In April, she filed a lawsuit against the school board and some teachers for not doing more to protect her and others from the child. The 20-page lawsuit describes the boy’s past behavior in disturbing detail.
“John Doe was expelled from school during the 2021-2022 school year while he was in kindergarten after he choked and strangled a teacher,” the lawsuit said.
“Also during the 2021-2022 school year, a female child fell on the playground and John Doe approached her, pulled up her dress and began inappropriately touching the child until he was reprimanded by a teacher,” it said read.
For two days, the same boy had destroyed her phone and called her an ‘asshole’.
A year before the shooting, the boy was so troublesome that he was expelled from school after trying to strangle another teacher, and was supposed to be supervised by a parent every day.
Zwerner was shot as she sat at a reading table in the classroom
After the shooting, Zwerner filed a lawsuit against the school district, seeking $40 million
Since her arrest Taylor has tested positive for marijuana twice and one count for cocaine, federal prosecutors wrote in a court filing this month.
She also missed two drug tests and two treatment sessions, they said.
“These violations are serious and call into question Defendant’s danger to the community, respect for the law, and the orders of the Court,” Assistant U.S. Attorneys Lisa McKeel and Peter Osyf wrote.
James Ellenson, Taylor’s attorney, said his client does not dispute prosecutors’ allegations. But he argued against incarceration in a lawsuit, saying Taylor has made “substantial positive developments.”
She has undergone four more drug tests since Aug. 25, Ellenson said. Although they tested positive for marijuana, “the levels are declining and demonstrate that Ms. Taylor is abstaining from this drug,” Ellenson wrote.
He added that the only positive result for cocaine “was an abnormality and was likely caused by her use of marijuana unknowingly laced with cocaine.”
‘Mrs. Taylor openly admits that she has had and continues to face a serious substance abuse problem,” Ellenson wrote.
“Her addiction is clearly a disease, but withdrawal and incarceration are not the cures. … A prison cell will only exacerbate the deep problems she faces.”
Taylor pleaded guilty in June to using marijuana while in possession of a firearm. Authorities said she lied on a federal background check about her drug use when she bought the gun her son took to school
Marijuana is legal in many US states, including Virginia. But it is still a controlled substance under U.S. law, which, among other things, prohibits gun ownership by anyone convicted of a crime, committed to a mental institution or illegally using controlled substances.
Authorities had found marijuana at homes where Taylor was staying during searches that followed the shooting at Richneck Elementary School.
Meanwhile, Taylor is still awaiting sentencing for a state charge of child neglect, which was filed after the shooting. It is scheduled for October 27.
In that case, prosecutors agreed to seek a sentence within state guidelines, which is expected to be no longer than six months. Prosecutors also agreed to drop the charge of recklessly storing a firearm.