NATIONAL NEWS

Boy who shot teacher allegedly tried to choke another

Feb 6, 2023, 2:28 PM | Updated: 5:00 pm

police tape outside of a Virginia elementary school...

A 6-year-old student was taken into custody after reportedly shooting a teacher during an altercation in a classroom at Richneck Elementary School on Friday. The teacher, a woman in her 30s, suffered “life-threatening” injuries and remains in critical condition, according to police reports. (Photo by Jay Paul/Getty Images)

(Photo by Jay Paul/Getty Images)

RICHMOND, Va. (AP) — A 6-year-old Virginia boy who shot and wounded his first-grade teacher constantly cursed at staff and teachers, tried to whip students with his belt and once choked another teacher “until she couldn’t breathe,” according to a legal notice filed by an attorney for the wounded teacher.

The incidents were described in a notice sent to the Newport News school district by Diane Toscano, an attorney for teacher Abby Zwerner, informing the district that Zwerner intends to sue. The notice of claim, which was obtained by The Associated Press through a public records request, outlines prior behavioral issues the boy had at Richneck Elementary School and troubling interactions he had with teachers and students.

Two days before the shooting, the boy allegedly “slammed” Zwerner’s cellphone and broke it, according to the claim notice. He was given a one-day suspension, but when he returned to Zwerner’s class the following day, he pulled a 9mm handgun out of his pocket and shot her while she sat at a reading table, the notice says.

“It is a miracle that more people were not harmed,” Toscano wrote in her notice. “The shooter spent his entire recess with a gun in his pocket, a gun that was loaded and ready to fire … while lots of first-grade students played.”

The choking incident described in the notice was confirmed by the teacher. She said that in 2021, the boy came up behind her as she sat in a chair in the front of the class, locked his forearms in front of her neck and pulled back and down, hard. She said a teaching assistant pulled the boy off her.

The teacher requested anonymity because she fears potential retaliation from the school district. She said she reported the incident to school administrators, but did not receive the kind of supportive response she had hoped for from them.

“I didn’t feel safe the rest of the year because I knew if they didn’t protect me when he choked me and I couldn’t breathe, then they wouldn’t protect me, my kids or my colleagues if he did something not as harmful,” she told The Associated Press.

The boy was later moved into another class in another school.

After the shooting, police said the boy was taken to a medical facility where he is receiving unspecified services.

The legal notice sent fleshed out Zwerner’s allegations of negligence at Richneck on the morning of Jan. 6, which Toscano had first outlined last month at a news conference.

A detailed timeline describes how Zwerner, three other teachers and a guidance counselor were involved in airing concerns about the child possibly having a gun.

“If Assistant Principal (Ebony) Parker had acted on the information she was provided, then the shooting of Ms. Zwerner would not have happened,” the notice stated.

Zwerner went to former Assistant Principal Parker’s office at about 11:15 a.m. “to advise her that the shooter seemed more ‘off’ than usual and was in a violent mood.” It also says the boy had threatened to beat up a kindergarten student and “angrily stared down” the school security officer in the lunch room.

At about 11:45 p.m. another teacher learned that the boy had told students he had a gun in his backpack, the notice stated. The teacher searched the backpack at about 12:30 p.m. but found no gun.

The same teacher “was made aware that the shooter had taken something out of his backpack right before she searched the shooter’s backpack, and the shooter put it in the pocket of his hoodie before going out to recess,” the notice stated.

When that teacher raised concerns to Parker, the assistant principal said the student “had small pockets, insinuating that he could not possibly have a gun on his person,” the notice of claim stated.

“Assistant Principal Parker should have called police,” the notice stated. “Instead, she did not follow proper protocol and chose to do absolutely nothing.”

Shortly after 1 p.m., a third teacher learned from a student in Zwerner’s class that the shooter showed him the gun during recess and threatened to shoot him if he told anyone, the notice stated.

That teacher called the school’s office and shared what she knew with a fourth teacher who picked up the phone, the notice stated. The fourth teacher relayed the information to Parker, who said she was aware of the threat and that the student’s backpack had been searched.

The third and fourth teachers conferred again. And the fourth teacher returned to Parker’s office, where a guidance counselor was raising similar concerns about the student having a gun, the notice stated.

The guidance counselor asked if he could search the child for a weapon, to which Parker said “no” because the child’s mother was arriving soon to pick him up, the notice stated.

“Then approximately 45 minutes later Ms. Zwerner was shot in her left hand and upper chest by the shooter,” the notice stated. “Ms. Zwerner was sitting at her reading table when the shooter, who was sitting at his desk, pulled the gun out of his pocket and shot her one time.”

Parker, who resigned from her position last month, could not immediately be reached for comment. A spokeswoman for the school district said she did not know if Parker has retained an attorney.

Len Wallin, director of legal services for the school system, said in an email that it’s standard practice for the school division to forward notices of intent to sue to its insurer, which handles such litigation.

Wallin said the district’s insurer will handle decisions regarding whether it will represent Parker or not “after consultation with the school board, if that is necessary.”

In the meantime, Toscano wrote in her notice that Zwerner’s is continuing to recover physically and from psychological wounds that “cut deeply and remain fresh.”

“It is my hope that the school district will not want to drag Ms. Zwerner through litigation after the trauma she has sustained,” Toscano wrote.

“The response from the school district is going to be very important and will shed light on how it views its teachers,” Toscano continued. I hope that the school district will not send a message that being shot while teaching a lesson in class by a student is merely a hazard of the job.”

____

Finley reported from Norfolk, Virginia.

____

For more coverage of the shooting

KSL 5 TV Live

National News

The vial holding the nearly 4,000-year-old cosmetic was made from a greenish chlorite, with carved ...

Katie Hunt, CNN

4,000-year-old vial contains ancient red lipstick, archaeologists say

A small stone vial discovered in southeastern Iran contained a red cosmetic that was likely used as a lip coloring nearly 4,000 years ago, archaeologists say.

11 hours ago

FILE - Isabella DeLuca, of Long Island, N.Y., appears outside the Supreme Court, Oct. 26, 2020, on ...

Michael Kunzelman, The Associated Press

Social media influencer is charged with joining the Jan. 6 attack on the US Capitol

A conservative social media influencer has been charged with storming the U.S. Capitol and passing a stolen table out of a broken window, allowing other rioters to use it as a weapon against police, according to court records unsealed on Monday.

11 hours ago

The foundation that selected SpaceX CEO Elon Musk, conservative media mogul Rupert Murdoch and othe...

Tierney Sneed, CNN

Foundation cancels RBG award ceremony that would have honored Musk, Murdoch after family’s outcry

After Ruth Bader Ginsburg's son called the award a "desecration" of her memory by giving it to Must and Murdoch, the foundation that selected the two cancels the award ceremony.

11 hours ago

FILE - Former White House trade adviser Peter Navarro speaks to the media as he departs federal cou...

Lindsay Whitehurst, Associated Press

Supreme Court denies ex-Trump aide Peter Navarro’s bid to stave off prison sentence

The Supreme Court has refused to halt a prison sentence for former Trump White House official Peter Navarro as he appeals his contempt of Congress conviction.

11 hours ago

Wind turbines tower above a home in Weatherford, Oklahoma, in April 2022. As wind energy expands in...

Ella Nilsen, CNN

How much are wind turbines dragging down home values? A new study has surprising answers

As wind energy expands in the United States, concerns have grown about the potential for tall turbines to be a drag on property values.

12 hours ago

Police found information at the home of Muhammad Syed showing he may have known his victims. (Chanc...

Eric Levenson and Sarah Dewberry, CNN

Suspect accused of killing Muslim men in Albuquerque found guilty of murder

A man who was accused of killing three Muslim men in Albuquerque, New Mexico, in 2022, sparking widespread fear in the Islamic community, was found guilty of murder on Monday.

13 hours ago

Sponsored Articles

Modern chandelier hanging from a white slanted ceiling with windows in the backgruond...

Lighting Design

Light Up Your Home With These Top Lighting Trends for 2024

Check out the latest lighting design trends for 2024 and tips on how you can incorporate them into your home.

Technician woman fixing hardware of desktop computer. Close up....

PC Laptops

Tips for Hassle-Free Computer Repairs

Experiencing a glitch in your computer can be frustrating, but with these tips you can have your computer repaired without the stress.

Close up of finger on keyboard button with number 11 logo...

PC Laptops

7 Reasons Why You Should Upgrade Your Laptop to Windows 11

Explore the benefits of upgrading to Windows 11 for a smoother, more secure, and feature-packed computing experience.

Stylish room interior with beautiful Christmas tree and decorative fireplace...

Lighting Design

Create a Festive Home with Our Easy-to-Follow Holiday Prep Guide

Get ready for festive celebrations! Discover expert tips to prepare your home for the holidays, creating a warm and welcoming atmosphere for unforgettable moments.

Battery low message on mobile device screen. Internet and technology concept...

PC Laptops

9 Tips to Get More Power Out of Your Laptop Battery

Get more power out of your laptop battery and help it last longer by implementing some of these tips from our guide.

Users display warnings about the use of artificial intelligence (AI), access to malicious software ...

Les Olson

How to Stay Safe from Cybersecurity Threats

Read our tips for reading for how to respond to rising cybersecurity threats in 2023 and beyond to keep yourself and your company safe.

Boy who shot teacher allegedly tried to choke another