NORFOLK, Va. — The Richneck Elementary first grader who shot his teacher during class in January will not face charges, as first reported by NBC News on Wednesday.
Newport News Commonwealth’s Attorney Howard Gwynn confirmed to The Virginian-Pilot and Daily Press that the law does not support charges against the child.
“Based on our understanding of the law, we do not believe the law would support charging and convicting a 6-year-old of aggravated assault,” Gwynn’s statement reads.
Young children charged with an offense as serious as a shooting can be ordered held at a juvenile detention facility, legal experts told The Pilot in the days after the shooting, but that’s unlikely for someone as young as 6. One hurdle for such a prosecution is the infancy defense, which operates under the idea that young children are incapable of forming criminal intent, and therefore aren’t legally capable of committing a crime.
Charges against any adults involved have not been brought forward yet, but police in Newport News have turned over all of the evidence from the investigation over to prosecutors. Three binders of information were handed over, and body camera footage is being reviewed, as well.
While the boy was sitting at his desk about 2 p.m. Jan. 6, he pulled a handgun from his hoodie and shot his teacher, 25-year-old Abigail Zwerner, once. The round went through her hand and struck her in the upper chest. Police have said the child’s mother legally purchased the handgun, a 9mm Taurus, and that the boy brought it to school in his backpack.
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(The Virginian-Pilot's Peter Dujardin contributed to this report.)
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