A six-year-old boy who shot his teacher tried to choke her colleague "until she couldn't breath", it is claimed.
Diane Toscano, lawyer for teacher Abby Zwerner, 25, alleges the student constantly swore at staff and students at Richneck Elementary School in Virginia, US, and tried to use his belt to hit them.
He also allegedly chocked another teacher "until she couldn't breathe", according to her lawsuit.
And just two days before the child shot Ms Zwerner the boy "slammed" her mobile phone and broke it.
He was given a one-day suspension and allowed to return the following day where he returned to the school with a 9mm handgun which he took from his mum.
He hid the gun in his backpack and shot at her while she sat at a reading table, according to her lawyer.
The child would also stick his middle finger up to members of the class and during one incident bumped “into a classmate while running around the class” and then pushed the student to the floor.
She wrote an email to then-Principal Briana Foster Newton and then-Assistant Principal Ebony Parker in October expressing her concerns with the child.
Ms Zwerner said: "As of today, I do not feel comfortable with him returning to my classroom today…”
The principal suggested a meeting with the boy's dad to discuss his “behavioural difficulties” and “put some things in place to support” for the pupil, according to an email on November 22.
Ms Toscano also claims just hours before the shooting there were three teachers and staff members who warned school officials of the gun in the school.
It is claimed Ms Zwerner visited the former Assistant Principal Ebony Parker's office at 11.15am to "to advise her that the shooter seemed more 'off' than usual and was in a violent mood."
She said the boy had threatened to physically attack a student and "angrily stared down" a school security officer.
The boy's backpack was searched but no gun was found as officials let the child continue his class and did not inform police or lockdown the school.
The claim states: "Assistant Principal Parker should have called police, instead she did not follow proper protocol and chose to do absolutely nothing."
Ms Zwerner’s lawyer Diane believes school officials were warned of the boy carrying a gun but nothing was done after they were allegedly warned three times on the day of the shooting.
She said the teacher plans to sue the school district over the “entirely preventable” shooting.
