A six-year-old boy who intentionally shot his teacher at school will not stand trial due to his young age, prosecutors have decided. Abigail Zwerner, 25, suffered wounds to her hand and chest after the first-grade pupil fired a gun at her in the middle of the classroom on January 5.
The shocking incident took place at Richneck Elemetary School in Newport News, Virginia, and resulted in the resignation of both the school's superintendent and an assistant principal, the Daily Star reports. Howard Gwynn, Newport News Commonwealth's Attorney, had confirmed to BBC News that no charges will be brought against the young boy as the 'prospect that a six-year-old can stand trial is problematic'.
The prosecutor added the age of the child meant they would not be able to comprehend the charges, the legal system or help their defence lawyer. It has not yet been decided though whether any adults could be charged in connection with the shooting.
Mr Gwynn added: "Once we analyse all the facts, we will charge any person or persons that we believe we can prove beyond a reasonable doubt committed a crime." Despite being shot, brave Ms Zwerner still managed to escort 20 pupils from her classroom to safety.
Her lawyer Diane Toscane previously detailed the boy's behavioural issues during a string of violent incidents involving teachers who had put forward their concerns to senior staff. It's also been reported the boy was given a one-day suspension for breaking the teacher's phone before he returned the following day with a 9mm handgun that he shot her with as she was sat at a table.
Mrs Toscano suggested the shooting was 'entirely preventable' if school administrators 'had taken action when they had knowledge of imminent danger'. Previous reports claim the shooter previously handed a threatening handwritten note to Ms Zwerner expressing his desire to set her on fire and watch her die but when she passed it on to administrators, no action was taken.
Ms Zwerner also claims school chiefs were told on three separate occasions the boy had brought a gun onto the premises on the day of the shooting and did not respond appropriately again. The family of the child said their son suffers from 'an acute disability' and usually one of his parents is present with him in the class which was not the case on the day of the shooting.
In a statement, the unidentified family said: "Our family has always been committed to responsible gun ownership and keeping firearms out of the reach of children. The firearm our son accessed was secured." The Associated Press were told by attorney James Ellenson that the gun had a trigger lock on it and that it was kept on the top shelf of a closet more than six foot from ground level.
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