A 6-year-old who allegedly shot his elementary teacher in the hand and chest in January will not face charges, the prosecuting attorney in the case announced Wednesday.
Prosecutor Howard Gwynn, who works as the commonwealth’s attorney for Newport News, Virginia, said he does not believe that a 6-year-old can understand the U.S. legal system and would not be competent to stand trial. However, Gwynn has not ruled out charging adults in the situation.
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“Our objective is not just to do something as quickly as possible,” Gwynn told NBC News. “Once we analyze all the facts, we will charge any person or persons that we believe we can prove beyond a reasonable doubt committed a crime.”
An unnamed 6-year-old, who has an acute disability, according to his family, allegedly shot his first grade teacher. Abigail Zwerner, with his mother’s 9 mm handgun on Jan. 6, 2023. Zwerner was hospitalized for two weeks as a result of the shooting.
A lawyer for Zwerner said the student had a history of troubling behavior with other students and staff members. The day before the shooting, the boy broke Zwerner’s phone and received a one-day suspension. Three other teachers had gone to the principal about the child, according to Zwerner’s lawyer.
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The shooting led to the installation of metal detectors on the elementary campus and the removal of the school’s superintendent and an assistant principal.
Newport News Police Chief Steve Drew said January’s shooting was intentional and much more than a “student bringing a gun to school.” Drew also said it took time to gather forensic evidence and interview other children. The boy’s family said he is receiving the “treatment he needs” under temporary detention at a medical facility ordered by the court.
