A six-year-old boy who took a gun out of his backpack and shot his teacher in a classroom will not face charges.
Abigail Zwerner, 25, was teaching at Richneck Elementary School in Newport News, Virginia, US, on January 6 when the child fired one shot at her.
The heroic teacher managed to get 20 students out of the classroom before getting help after suffering wounds to her chest and hand.
She was admitted to hospital for two weeks following the shooting.
But despite Newport News Police Chief Steve Drew describing the shooting as intentional, the boy will not face charges.
Newport News Commonwealth's Attorney Howard Gwynn said the "prospect that a six-year-old can stand trial is problematic" as the pupil is a child and wouldn't understand the legal system.
In addition, he said the child wouldn't be able to assist his lawyer and believes there is no legal base to charge the boy.
However, Mr Gwynn said they are exploring the possibility of charging the child on other offences as the pupil could be criminally charged under Virginia law.
He said: "Our objective is not just to do something as quickly as possible. Once we analyse all the facts, we will charge any person or persons that we believe we can prove beyond a reasonable doubt committed a crime."
The 6-year-old boy, who has not been identified, shot first-grade teacher Abby Zwerner while she was teaching inside her classroom - despite staff warning of the child's behaviour.
Two days before the shooting, the boy allegedly “slammed” Ms Zwerner’s mobile phone and broke it.
He was given a one-day suspension but when he returned to Ms Zwerner’s class the following day, he pulled a 9mm handgun out of his pocket and shot her while she sat at a reading table.
James Ellenson, lawyer for the boy's family, said the gun the boy used was secured in his mother’s closet on a shelf well over 6 feet high and had a trigger lock that required a key.
The family’s statement in the wake of the shooting also said that the boy has an “acute disability” and was under a care plan “that included his mother or father attending school with him and accompanying him to class every day.”
The week of the shooting was the first when a parent was not in class with him, the family said.
Ms Zwerner’s lawyer, Diane Toscano, said concerned staff at Richneck Elementary School had warned administrators three times that the 6-year-old had a gun and was threatening other students in the hours before she was shot.
She said the administration “was paralysed by apathy” and didn’t call police, remove the boy from class or lock down the school.
