NEWPORT NEWS, Va. — Attorneys representing Abby Zwerner — the former first-grade teacher shot by her student on Jan. 6, 2023 — held a press conference Thursday where they commended a grand jury indictment revealing the school's former assistant principal has been criminally charged in connection to the incident.
Former Assistant Principal Dr. Ebony Parker was charged last month with eight counts of felony child neglect after, the report says, she ignored warnings that the child had a gun, and that she shut herself in her office after she learned of the shooting.
"In the last 48 hours, a special grand jury impaneled with citizens from the City of Newport News spoke loudly and clearly," Diane Toscano said at the start of the press conference. "They said, 'it ain't over yet'; they said, 'we have not forgotten'; they said, 'no, Newport News school leadership, you will not escape accountability for this tragedy'."
Toscano, who is representing Zwerner in a $40 million lawsuit against the Newport News School Board, stood in the same room she did almost 15 months ago to announce revelations that administration at Richneck ignored multiple warnings the day of the shooting that the student had a gun.
"And while we learned this week that a special grand jury investigated these very details over many months, it confirmed my initial account, in what they called a 'tragic and avoidable event'," said Toscano.
Toscano continued that the lesson in this case is "when you see something, you say something. You do something."
Zwerner is suing school district for $40 million in damages due to negligence the day of the shooting — a lawsuit that was announced last month is allowed to move forward.
The report stated that Parker had ignored four separate warnings the day of the shooting that the child had a gun on him and refused to let staff members search the child.
WATCH: Newport News Commonwealth's Attorney says Richneck investigation is ongoing after former assistant principal is charged
Kevin Biniazan, Toscano's co-counsel, said immediate action should have been taken.
"It is a danger that is not commonplace, it is not ordinary or expected, it's a danger that required immediate response from the administration and a special grand jury reveals reports that that did not take place," Biniazan said.
Zwerner's attorneys said Zwerner has the report and has reviewed it, but that because the details of that day are spelled out, it brings her back to memories of what happened.
"She is encouraged by the Commonwealth's Attorney's Office and the special grand jury for doing this and pursuing what they can through the criminal justice system," Toscano said. "But at the same time, it is a frustration that we are continuing to have to fight the school board at every turn in our civil suit," .
Parker has been charged with eight counts of felony child neglect — one count for every bullet that was in the gun.
On 3
Special Grand Jury Report: Richneck Elementary School shooting
The report stated that after the child shot Zwerner the first time, he tried to shoot her again but the gun had jammed due to the student's lack of strength while pulling the trigger the first time.
"I was not aware that the gun had jammed, I understood that there were bullets remaining in the magazine, but that was hard to read, to know that he tried to shoot a second time," Toscano said.
The report also reveals that there was no student file for the boy who shot Zwerner, even though he had a history of violent behavior. The jury suggested that the director of elementary school leadership should be investigated for the mishandling of files and whether she or other parties should be charged with the obstruction of justice. Zwerner’s lawyers said the missing file was one of the most concerning revelations from the report.
“The report lays out a concerning trail of evidence that apparently shows efforts by the school division to downplay disciplinary records prior to the shooting taking place and then hide them afterwards,” Toscano said. “If the citizen panel believes this is a cover-up, which is their words, I have no reason to doubt them.”
On Thursday morning, Newport News Public Schools sent the following statement:
"We thank the Special Grand Jury for their Report on the investigation of the January 6, 2023 Richneck Elementary School Shooting and for their recommendations. We have implemented a number of positive changes since this incident and will continue to do so in the future. Safety of students and staff remain a top priority for the School Board."
Meanwhile, an attorney representing nine Richneck families, also reacted to the special grand jury report. Emily Mapp Brannon sent this statement to News 3 reporter Angela Bohon:
"As an attorney for these families, I would like to thank the Special Grand Jury. The Jurors took their civic duty seriously and spent time away from their personal lives to investigate this very important matter. The children and families of Richneck have suffered irreparable harm. This report is thorough and appalling. This report is the first demonstration of concern for the children and the families of Richneck. These jurors concluded what the families of Richneck have known. On January 6, 2023, the safety of the children of Richneck was of no concern to the administration."
The boy's mother, Deja Taylor, wassentenced in December to five years in prison with three suspended for felony child neglect.
Toscano and Biniazan said they have not heard from the school board's lawyers.
Stay with News 3 for updates.
