6-year-old who allegedly shot teacher in January will not face charges, report says | CNN

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The 6-year-old boy who allegedly shot his elementary school teacher earlier this year will not be criminally charged, Newport News, Virginia, Commonwealth’s Attorney Howard Gwynn told CNN affiliate WTKR.

The student allegedly shot and wounded Richneck Elementary School teacher Abigail Zwerner on January 6, leaving her critically injured from a bullet that struck her chest. She was released from the hospital more than a week after the shooting.

“After researching this issue thoroughly, we do not believe the law supports charging and convicting a 6-year-old with aggravated assault,” Gwynn told WTKR Wednesday.

“I can say the prosecutorial efforts are focused on determining what the facts are, applying those facts to the law, and determining whether we can charge anyone with a crime that we can prove beyond a reasonable doubt,” Gwynn added.

CNN has reached out to Gwynn and the attorney for the student’s parents, but has not immediately received a response.

When reached by CNN, Toscano Law Group, which represents Zwerner, declined to comment.

Newport News Police said late last month they had completed their investigation into the shooting and presented it to the Commonwealth’s Attorney’s office.

“We had a lot of witnesses, a lot of students, a lot of children to interview and that took a long process,” police chief Steve Drew said in a February 21 Facebook live briefing. “It’s not something we wanted to rush through.”

Gwynn told CNN in February his office had received “three binders” of investigative material from police and would also be reviewing hours’ worth of police body camera footage.

Similar to his comments to the affiliate this week, Gwynn told CNN on February 24 his office was reviewing the facts and added, “Any person we can charge and convict beyond a reasonable doubt, we will charge.”

Authorities have not shared many details about the child accused of firing at his teacher.

In a statement released roughly two weeks after the shooting, the boy’s family said the “firearm our son accessed was secured.” The family’s statement went on to say that the child has an “acute disability and was under a care plan at the school that included his mother or father attending school with him and accompanying him to class every day.”

The week of the shooting was the first week the boy’s parents were not in class with him, they said in their statement, adding, “We will regret our absence on this day for the rest of our lives.”

The shooting was followed by weeks of questions from concerned community members and parents about how the school and district handled potential red flags ahead of the violence.

A January 24 legal notice sent to the Newport News School Board by Zwerner’s attorney alleged that the boy had a history of disturbing behavior, including cursing at staff members, trying to whip students with his belt and choking a teacher. According to that document, the student was suspended for a day after he allegedly “slammed” and broke Zwerner’s cell phone and cursed at guidance counselors. When he returned from the suspension to Zwerner’s classroom, he shot her, the notice alleged.