The former assistant principal at the Virginia elementary school where a six-year-old student shot his teacher broke down in tears Thursday after a judge dismissed all criminal charges against her.
Ebony Parker, the former vice principal of Richneck Elementary School in Newport News, had faced eight felony counts of child abuse and neglect tied to the January 2023 shooting of first-grade teacher Abigail Zwerner.
Judge Rebecca Robinson ruled that Parker’s actions, while heavily scrutinized, did not amount to criminal conduct under current Virginia law.
“If these actions are meant to amount to a crime, the legislature will need to codify it,” Robinson said from the bench before dismissing all charges.
Parker sobbed as the ruling was read aloud in court. She later left the courthouse without speaking to reporters.
The case centered on whether Parker failed to act after receiving repeated warnings about the six-year-old student’s troubling behavior and possible possession of a firearm on the day of the shooting.
Zwerner was seriously wounded after the child pulled a handgun from his pocket during class and fired a single shot, striking her in the chest and hand. She survived but suffered lasting physical injuries and emotional trauma.
During testimony earlier this week, Zwerner described a series of alarming interactions with the boy throughout the day that she said were reported to school administrators.
She testified that the child was in a “violent mood,” had threatened another student and behaved aggressively toward staff. Zwerner also said she learned from reading specialist Amy Kovac that there were concerns the boy may have brought a gun to school.
According to her testimony, Kovac attempted to alert Parker about the possible weapon.
Zwerner recalled noticing the child acting strangely during recess, wearing an oversized jacket and keeping his hands in his pockets while staring intensely at the school security officer.
“I witnessed the student was staring her down, very focused on her,” Zwerner testified. “He slowly got up from his seat and approached, still not breaking eye contact with the security officer.”
Back in the classroom, she said, the student approached her holding the gun.
“I saw the student looking at me,” Zwerner testified. “I looked over. A gun was pointed right at me.”
Moments later, he fired.
Zwerner spent nearly two weeks in the hospital and underwent multiple surgeries following the shooting. According to her lawsuit, she still does not have full use of her left hand, and a bullet remains lodged in her chest.
The lawsuit also accused Parker of dismissing concerns raised by teachers and counselors before the shooting occurred. Court filings claimed Parker refused to authorize a search of the student after reports surfaced that he may have moved the weapon from his backpack into his pocket.
According to the suit, Parker allegedly responded by saying the child’s pockets were “too small to hold a handgun.”
Last year, Parker was ordered to pay Zwerner $10 million in a civil judgment after being found liable for gross negligence.
Despite that outcome, prosecutors were unable to convince the judge that Parker’s conduct met the legal threshold for criminal child neglect charges.
Following Thursday’s dismissal, Zwerner’s family released a statement saying they were ready to move forward from the ordeal.
“We are happy that this tragic event is behind Abby,” the statement said. “As devastating as this shooting was, may it bring change to the education system in our country so that violent children are not placed in a general education classroom.”
The six-year-old student was never criminally charged because of his age.
His mother, Deja Taylor, pleaded guilty in 2023 to felony child neglect charges connected to the shooting and was sentenced to two years in prison.
