A judge in Virginia has dismissed all charges against a former school administrator accused of ignoring repeated warnings that a six-year-old child had a gun hours before a teacher was shot.
Circuit Judge Rebecca Robinson issued the ruling Thursday following a defense motion on the fourth day of Ebony Parker’s trial.
Parker, a former assistant principal, faced eight felony counts of child neglect following the January 2023 shooting at Richneck Elementary School, which left teacher Abby Zwerner wounded.
"The court is of the legal opinion that this is not a crime," Judge Robinson stated.
Prosecutors had said that the charges corresponded to each bullet in the firearm brought into Zwerner’s classroom in Newport News, Virginia. Each count carried a potential maximum penalty of five years in prison upon conviction. Special prosecutor Josh Jenkins did not immediately return an email or telephone message left at his office Thursday.
Defense attorney Curtis Rogers argued in his motion that Parker’s decision on the day of the shooting "wasn’t an act of neglect."
“Her actions in no way indicated that she believed there was a firearm in the possession" of the child, he said.
Another defense lawyer, Stephen Teague, expressed relief outside court, stating, "We believe that the right outcome was reached and we’re thrilled for Dr Parker. It was a great relief for her and we’re just happy that we were part of her journey."
Parker was not called to testify, but a video interview conducted three days after the shooting by a school district human resources officer was played for the jury. In the interview, Parker recounted being informed about reports that the student had a gun in his backpack. She stated she could not leave her office due to ongoing testing.
A reading specialist who initially raised concerns subsequently searched the backpack but found no weapon, according to Parker. She then indicated that the student’s mother would arrive to collect him and check his belongings.
Earlier in the trial, Zwerner testified that during recess, the student wore an oversized jacket and kept both hands in his pockets throughout. She sent a text message detailing this observation to the reading specialist, who had previously been alerted by other students about the gun and had reported it to Parker.
After recess, the student continued to wear the jacket in the classroom, where Zwerner was shot at a reading table. Zwerner spent nearly two weeks in hospital, undergoing six surgeries, and now lacks full use of her left hand. A bullet narrowly missed her heart and remains in her chest.
Experts note that criminal charges against school officials following a shooting are exceptionally rare. The incident sent shockwaves through the military shipbuilding community of Newport News and across the country, prompting widespread questions about how such a young child could access a firearm and shoot his teacher.
Last November, a jury awarded Zwerner $10 million in a civil trial, where Parker, who no longer works at the school, was the sole defendant.
The student’s mother was sentenced to nearly four years in prison for felony child neglect and federal weapons charges.
