A six-year-old schoolboy who shot his teacher at close range in class will not face criminal charges.
The Newport News, Virginia prosecutor said Wednesday he will not press charges against the child because “the prospect of a 6-year-old standing trial is problematic.”
It comes after the boy, who has not been named, opened fire on his elementary school teacher, Abby Zwerner, on Jan. 6 at Richneck Elementary School.
The prosecutor says he has yet to decide whether adults involved in the case will be held criminally responsible. Zwerner has since been released from hospital after sustaining injuries in the shooting.
“The general consensus is that a 6-year-old cannot have the requisite criminal intent to be guilty of aggravated assault,” Newport News Commonwealth attorney Howard Gwynn said in an interview with Wednesday. ABC Norfolk.
Teacher Abby Zwerner was shot on January 6 at Richneck Elementary School in Newport News
In a separate interview with NBC News, Gwynn said his office’s “goal isn’t just to get something done as quickly as possible.” The lawyer added that he did not believe the child could understand the legal system.
The six-year-old took aim at his teacher after stealing his mother’s gun from their house, before putting it in his backpack and taking it to Richneck Elementary School.
He opened fire on his teacher at close range after she had just finished reading a story to her first class.
As the class was getting ready to go to an art class, a parent of one of the kids in the class revealed that the youngster then pulled out the gun, prompting Zwerner to quickly attempt to confiscate it.
Her intervention led him to pull the trigger, the bullet passing through her hand and into her chest.
Police confirmed at the time that the attack was intentional, not accidental.
Despite being hit by the bullet, authorities said Zwerner made sure all the children in her class were safe and out of the room before trying to get help.
Police revealed that when she was visited at the hospital, her first question was, “Do you know how my students are?”
The kid shot his teacher in Virginia after he stole his mom’s gun from their home before putting it in his backpack and taking it to Richneck Elementary School, photo
The announcement that the child will not be charged comes after Andrew Block, an associate professor at the University of Virginia School of Law, previously predicted that the child would walk free.
“Practically speaking, it would be almost impossible to prosecute a six-year-old, no matter how serious,” he said.
Block noted that the “childlike defense” means people under the age of seven don’t have the mental capacity to form an intention to commit a crime.
“The bigger barrier, assuming the prosecution could overcome that, is that all defendants have to be competent to stand trial,” he said.
That means understanding the nature of the legal action against you and assisting in your own defense. It is impossible for a six-year-old to meet those criteria.
“Juvenile justice would not be equipped to deal with such a young child.”
The six-year-old “combative” boy was physically restrained by another school employee after the terrifying shooting – whom he then beat, police said.
The six-year-old was being held at a medical facility, where professionals could psychologically evaluate him amid allegations of a history of disruptive behavior.
Following the shooting, the family of the unidentified 6-year-old boy issued a statement insisting that the gun was “secured” in the home.
They added that they have “always been committed to responsible gun ownership and keeping firearms out of the reach of children.”
The 25-year-old first-grade teacher survived the attack. She was shot at close range and the bullet passed through her hand and into her chest
While no criminal charges will be brought against the child, the shooting is expected to result in a lawsuit against the school’s superintendent and deputy principal in January.
Metal detectors will also be introduced after the gun could be brought to campus.
Diane Toscano, a lawyer for Zwerner, said the young shooter had a history of disturbing interactions with teachers and other students.
He previously broke Zwerner’s cell phone, according to a letter of intent to file a lawsuit, before returning the next day with the gun he would use to shoot his teacher.
Toscano added at a press conference in January that multiple teachers had warned school administrators about the boy’s disturbing behavior, including the belief that he had already brought a gun onto school grounds.
A Newport News School District spokeswoman said she had no further comment following the announcement.
The district has previously insisted it cannot share any information about the child or his education history during the investigation.
Zwerner’s attorney, Diane Toscano, pictured, told a press conference in January that several teachers had warned school administrators about the boy’s disturbing behavior prior to the shooting
Children at Richneck Elementary School held a candlelight vigil for the beloved teacher after the shooting
The potential lawsuit following the shooting was described by Toscano as “entirely preventable.”
She argued at the press conference that the school board “should have acted when they had knowledge of imminent danger.”
“But instead they didn’t act and Abby got shot,” she added.
It is unclear how the child managed to take the weapon from his mother. However, a grandparent of a student at the school claimed that in the week leading up to the attack, a child brought in “shiny gold bullets” and told his class and teacher that he intended to bring a gun.
It has not been confirmed whether the student described by the grandparent is the same one who shot Zwerner.