The 6-year-old boy who shot his first-grade teacher in Virginia will not be criminally charged.
The chief prosecutor in Newport News, Virginia, has stated that there is no legal justification to charge the 6-year-old boy who shot his teacher.
Nonetheless, the prosecutor has not yet concluded whether any adults involved in the incident could face criminal charges.
No charges for the 6-year-old boy
According to NBC, the prospect of a 6-year-old child standing trial for a criminal offense is a problematic issue.
Howard Gwynn, the Newport News Commonwealth's Attorney, highlighted the challenges such a situation presents.
He emphasized that a child of that young age lacks the necessary competence to comprehend the legal system's complexities, the implications of a charge, or the ability to adequately support an attorney.
Although it is not unheard of for adolescents of that age to be arrested, it is theoretically possible for a 6-year-old child to be charged with a crime under Virginia law.
However, Gwynn does not believe that charging such a young child has a legal basis; thus, his office focuses on other individuals.
Gwynn stressed that his office's objective is not to rush the legal process. He explained that they would only charge individuals who they believe, beyond a reasonable doubt, committed a crime based on an analysis of all the facts.
He also received three binders from Chief Drew regarding the investigation and still has hours of police body camera footage to review.
He said his office would not charge anyone until he completes his thorough review.
Furthermore, WUSA9 reports that Chief Steve Drew did not recommend charges, leaving the decision entirely up to Gwynn.
It showed the level of independence Gwynn has in making a crucial decision like this.
This is significant because it allows Gwynn's office to handle the case without external influence or pressure. It also reflects a commitment to a fair and just legal system that ensures that due process is followed in all cases.
Abby Zwerner is suing the school district
The shooting incident happened at Richneck Elementary School in Newport News, Virginia, on January 6, 2023. It became the first school shooting in the country.
The incident involved a 6-year-old boy who shot his first-grade teacher, Abby Zwerner, aged 25, in front of their class.
Days before the incident, the boy had been suspended for one day after breaking his teacher's cell phone.
The following day, he returned to school with a 9mm handgun and shot Zwerner while she was seated at a reading table.
According to Fox News, Zwerner is now suing the school district for the shooting. As per Diane Toscano, Zwerner's attorney, teachers and employees warned administrators three times on the day of the shooting that the boy had a gun on him.
Additionally, school administrators were informed that the 6-year-old boy had been threatening other students.
They are suing for the school's negligence, which could have prevented the shooting had the school administrators cared or followed the proper protocols for incidents like this.
Later investigations revealed that the boy's mother had legally purchased the 9-mm handgun he used to shoot his teacher.
The family claimed that the gun was secured in the mother's closet, on a shelf, with a trigger lock that required a key.
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