NEWPORT NEWS, Va. — The shooting at Richneck Elementary School in Newport News on Jan. 6, in which a 6-year-old student shot first-grade teacherAbby Zwerner, was "entirely preventable" if the assistant principal at the time "had done her job and acted when she had knowledge of imminent danger," according to a notice of intent to file from Zwerner's attorney, Diane Toscano.
Toscano sent the notice to the Newport News School Board on Jan. 24. The district released it Monday to News 3.
Toscano claims, earlier in the day of the shooting, administrators didn't respond properly to three threat warnings by teachers about the boy. He's referred to as the "shooter" in Toscano's intent notice.
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Zwerner was shot at 1:59 p.m. on Jan. 6, according to Toscano. Between 11:15 a.m. and 11:30 a.m. that same day, Zwerner went to Dr. Ebony Parker, the assistant principal at the time, to tell her the boy "seemed more 'off' than usual and was in a violent mood" and that he "threatened to beat up a kindergartner and angrily stared down the security officer in the lunchroom," according to the notice.
Later, around 11:45 a.m., Toscano claims a second teacher learned the "shooter told students that he had a gun in his backpack. That same teacher searched the shooter's backpack at 12:30 p.m. that day. She also learned the shooter took something out of his backpack and put in in the pocket of his hoodie just before recess.
"Teacher #2 immediately made Assistant Principal Parker aware that students had told this teacher at approximately 11:45 a.m. that the shooter had a gun in his backpack," the notice reads. "Teacher #2 then told Assistant Principal Parker that she took it upon herself to search the shooter's backpack and there was no gun; however, Teacher #2 went on to tell Assistant Principal Parker that Ms. Zwerner told her that she was concerned that the shooter had the gun on his person because Ms. Zwener saw the shooter take something out of his backpack and put it in his pocket."
Toscano said Parker responded, saying the boy "had small pockets insinuating that he could not possibly have a gun on his person."
Toscano said Parker should have called police and instead "did not follow proper protocol and chose to do absolutely nothing."
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Just after 1 p.m., Toscano said a student from Zwerner's class told a third teacher "that the shooter showed him a gun in the shooter's pocket while at recess! And the shooter threatened to shoot the student if he told anyone."
The teacher kept the student in her room because she didn't want to send him back to the 6-year-old's classroom, Toscano said. She immediately called the office and told a fourth teacher about what happened. The fourth teacher went directly to Assistant Principal Parker who said she knew about the threat and that the boy's backpack had already been searched, the notice detailed.
"Teacher #4 then called Teacher #3 and advised Teacher #3 that Assistant Principal Parker was not doing anything," since she already knew the boy's backpack had been searched, Toscano said.
Toscano said the third teacher stressed that she believed the boy did have a gun on his person. The fourth teacher went back to Parker's office where a guidance counselor was asking if the boy could be searched for a gun on his person.
"Assistant Principal Parker's response was no because the student's mother would be arriving soon to pick up the shooter," Toscano said in the notice.
Zwerner was shot in the hand and chest 45 minutes later, Toscano said.
Toscano explained that the boy had a history at Richneck Elementary School that Parker knew about. He had been removed from the school a year prior after choking his teacher. In fall 2022, Toscano said the boy was put on a modified schedule after he cursed at staff and "then one day took off his belt on the playground and chased kids trying to whip them."
Toscano said the boy is also accused of breaking Zwerner's phone on Wednesday prior to the shooting and had cursed at guidance counselors.
On the day of the shooting, Toscano said Zwerner told Parker the boy was in a "violent mood" and threatened to beat up a kindergartner.
"Yet, as early as 12:30 PM when Assistant Principal Parker is informed that this same individual may have a gun, absolutely nothing is done," Toscano said. "Nothing is done for one and a half hours before Ms. Zwerner is shot by this individual."
Toscano insists that if Parker had "acted on the information she was provided then the shooting of Ms. Zwerner would not have happened."
Toscano said it was a "miracle" more people weren't harmed.
"The shooter spent his entire recess with a gun in his pocket, a gun that was loaded and ready to fire, with his hand in that pocket while lots of first-grade students played," Toscano said. "That fact is alarming! And Assistant Principal Parker was made aware at the beginning of recess that Ms. Zwerner was afraid that the shooter had a gun in his pocket. And again nothing was done.”
Toscano said the administration at Richneck “showed gross negligence and willful wanton negligence in Assistant Parker’s failure to report this known threat.”
Toscano hopes the Newport News school district “will not want to drag Ms. Zwerner after the trauma she sustained.”
Dr. Parker resigned on Jan. 25, the same day the Newport News School Board voted to fire and replace then-Superintendent Dr. George Parker, III.
A spokesperson for Newport News Public School said the district does not have a comment on the intent notice at this time.
