NEWPORT NEWS, Va. — Newport News Commonwealth's Attorney Howard Gwynn has confirmed to News 3 aggravated assault charges will not be filed against the 6-year-old boy who police said shot first-grade teacher Abby Zwerner at Richneck Elementary School on Jan. 6.
"We do not believe the law supports charging and convicting a 6-year-old with aggravated assault," Gwynn said in a phone call with News 3.
The Newport News Police Department on Thursday, March 9, shared a statement on Gwynn's behalf clarifying that other charges are still possible. The full statement is as follows:
“First, let me say on behalf of myself and my entire staff that we pray for a full and speedy recovery for Ms. Zwerner.
In January of this year, the unimaginable happened in our city — a 6-year-old brought a gun to school and shot his teacher. Almost immediately, the Newport News Police Department began the thorough and painstaking work of investigating the shooting. Several weeks ago, the results of that investigation were turned over to my office, to include three binders and hours and hours of police body camera footage. In spite of the national attention that this incomprehensible act has brought to our city, our objective is the same as it has always been — to be thorough, to be objective, and to apply the law to the facts fairly and impartially. And after that analysis is done, our objective is to charge any person with any crimes that we believe we can prove beyond a reasonable doubt.
This office has had a long-standing policy of not discussing publicly pending cases or investigations. Pursuant to that policy, this office will have no further public comment until its work is completed.”
For Vonda Pendleton, whose grandson attends Richneck Elementary School, the news is tough for her to process after what happened on Jan. 6.
"[It's] really unbelievable," Pendleton said. "It has affected, not only the instructors and the teachers and the whole school, but the whole community."
Wednesday's development also leaves Pendleton with many questions.
"Where does that really leave the school and the community," she asked.
Gwynn added they are focusing their efforts on finding out what the facts are, applying those facts to the law, and determining whether anyone can be charged with a crime that can be proved beyond a reasonable doubt.
Meanwhile, Pendleton believes someone needs to be held accountable for this incident.
"Someone is responsible," she said. "Someone needs to be held responsible, whether it’s a group of people, one single person, or a couple."
On Jan. 6, police said the boy brought a 9 mm handgun to school and intentionally shot Zwerner as she was teaching the class. The 25-year-old teacher was hospitalized for nearly two weeks but is now recovering.
The shooting sent shock waves through Newport News. It has also raised questions about school security and how a child so young could gain access to a gun and shoot his teacher.
Days after the shooting, the school board announced walk-through metal detectors would be placed in every school in the district.
At Richneck, two metal detection systems have been installed and two security officers have been assigned to the school, said Michelle Price, a spokesperson for the school district. Before the shooting, one security officer was assigned to Richneck and another elementary school. The officer was not at Richneck at the time of the shooting.
In a previous interview, legal experts who are not related to this case told News 3 charges against the 6-year-old would be unlikely, but that there could be possible charges for an adult who may not have secured the gun used in the shooting.
“I just can't imagine what a 6-year-old may have seen and known about guns to be able to do this,” said Legal Analyst Sonny Stallings.
Some of the biggest questions to answer are how did he access the gun at his house and how secure was it?
“All of these will play a factor and also what led up to the shooting, is there a problem in the school before, if there were problems with the parents, problems with the student,” said Dr. Eric Claville, News 3's Legal and Political Analyst in a previous interview.
“How the hell did we get here? What are we lacking in our society that we would have a 6-year-old go shoot his teacher? Something's gone off the rails,” said Stallings.
Stay with News 3 for updates.
