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The six-year-old boy who intentionally fired a gun at his first-grade teacher came within minutes of having his gun confiscated and may never be charged with a crime because of his age.
The first-grade class at Richneck Elementary School in Newport News, Virginia, had just finished reading a story and was about to head to an art class when the young man pulled out his gun.
“She was going to confiscate it, and that’s when she fired,” said Brittaney Gregory, whose son was also in the class. Washington Post.
The children then ran out of their classroom and into another for safety, where they remained locked.
Brittaney Gregory, whose son Ja’Corri is a first grader at Richneck Elementary School in Newport News, Virginia, said the teacher was about to confiscate a gun when she was shot.
The teacher, Abby Zwerner, 25, was rushed to the hospital with life-threatening injuries, but is now in serious but stable condition.
Chief Steve Drew (pictured) met with 25-year-old Abby Zwerner and her family Saturday morning and said in a statement that her condition is improving.
Abby Zwerner, 25, the boy’s first-grade teacher, was rushed to the hospital with serious injuries Friday.
Although the boy is still in custody, it is unlikely that he will ever be charged with any crime.
“In practice, it would be almost impossible to prosecute a six-year-old, no matter how serious,” said Andrew Block, an associate professor at the University of Virginia School of Law.
Block noted that the “childhood defense” means that people under the age of seven do not have the mental capacity to form the intent to commit a crime.
“The biggest barrier, assuming the prosecution can overcome that, is that all defendants must be competent to stand trial,” Block said. ‘That means you need to understand the nature of the legal proceedings against you and help in your own defense. There’s no way a six-year-old would meet that criteria.
“The juvenile justice system would not be equipped to handle such a young child.”
An adult could well face misdemeanor charges since, under Virginia law, guns must be protected from children under the age of 14.
CUSHED FACE – Brittaney Gregory, whose son Ja’Corri attends first grade sats, her son has suffered from nightmares at night since the shooting
“There’s a lot more we don’t know than we do know,” Block said. ‘I can’t imagine what it’s like to be the teacher or the teacher’s family; it’s horrible in every direction.
Newport News Police Chief Steve Drew met with Zwerner and his family Saturday morning.
His injuries have been described as life-threatening, but his condition is improving and he is now in serious but stable condition.
Gregory’s son said the teacher who was shot was his favorite, describing her as bubbly and outgoing.
He was also someone who fostered love and encouragement among his young students, sometimes leaving surprise notes in the children’s backpacks.
“Hope you had a great day,” read one. “I want you to know that your smile is contagious,” said another.
“She’s such a sweet lady,” Gregory explained to The Post. She is very attentive to children.
Abby Zwerner (pictured), 25, a first-grade teacher at Richneck Elementary School, was rushed to the hospital with serious injuries Friday after she was shot in the chest by a 6-year-old boy.
Your son has had nightmares at night since the shooting.
He normally sleeps in his own room, but the night of the shooting he came into my room. He was talking in his sleep, saying we have to get out of here,” said Gregory, who now plans to take his son to a therapist this week.
Gregory believes that his son was deeply affected by what he saw and experienced.
‘He’s normally a talker, but he stumbled over his words. She was so relieved,” she added. But she could see in her face what she was going through. He was a deer in the headlights.
“The individual is a six-year-old student and is currently in police custody,” Chief Drew said at a news conference Friday. ‘This was not an accidental shooting.
Gregory’s son, pictured above, said the teacher who was shot was his favorite, describing her as “bubbly and outgoing.”
Zwerner has been described as a teacher who fostered love and encouragement among her little students, sometimes leaving surprise notes in the children’s backpacks.
“It was in a classroom, there was an altercation,” he said. ‘We didn’t have a situation where someone was going around the school shooting. We had a situation at a particular location where a firearm was discharged.
Classes were canceled Monday and Tuesday for all 550 students at the school that teaches grades kindergarten through fifth.
“It’s very devastating,” Gregory said of the shooting, not believing such a thing would be possible at his son’s school. “It’s sad that such a young child has so much anger.”
A crowd of parents waited outside Richneck Elementary School after the 2 pm shooting where a six-year-old boy allegedly shot his teacher on purpose after an “altercation.”
Zwerner was shot in the chest at Richneck Elementary School in Newport News at 2 p.m. Friday.
The grandmother of one of the students told DailyMail.com that a student brought “shiny gold bullets” to school last week, but it is unclear if this is the same boy who was detained today.
Speaking to DailyMail.com, he said: ‘Parents outside said their son told them a boy brought shiny gold bullets to school and was thinking of bringing his gun. The student told the parent, who informed the school.
“And yesterday the school responded to the parent saying the child’s parent said it was a nerf bullet and the parent said nerf bullets aren’t shiny and gold.”
She wasn’t sure if the boy who brought the ‘bullets’ is the same boy allegedly involved in last week’s shooting.
Carlos Glover, nine, (pictured) was seen leaving school with his mother Joselin after the shooting. A student has been arrested, but the police have not released the student’s name.
The shooting occurred in a classroom and was an isolated incident. Officers are still trying to determine how they managed to obtain the weapon.
The father, Sebastián González-Hernández, confirmed Zwerner’s identity.
He said he ‘yelled at his children to run away’ after the student fired a single bullet.
“Even after he was shot, he was thinking about the safety of his children,” González-Hernández said.
Her own six-year-old son, whom she did not want to name, was in the classroom when the shot rang out.
“My son didn’t see what happened, he heard the shot and turned around to see Miss Zwerner on the ground,” he told DailyMail.com on Friday.
‘She is an amazing teacher, very dedicated. My son absolutely loves her, and we are devastated by what happened. We all think of her and hope she gets better soon.”