Boy, 6, Choked Another VA Teacher 'Until She Couldn't Breathe': Lawyer

NEWPORT NEWS, VA — A 6-year-old boy accused of shooting his teacher at a Newport News elementary school reportedly choked another teacher “until she couldn’t breathe" and tried to whip other students with his belt, according to legal records obtained by The Associated Press.

The incidents were detailed in a notice sent to the Newport News school district by an attorney for teacher Abigail Zwerner, a first-grade teacher at Richneck Elementary School who police say was intentionally shot by the boy inside a first-grade classroom on Jan. 6.

Police said the boy took his mother's 9mm handgun to school, pulled it from his backpack, and used it to shoot Zwerner.

The notice, which informed the district about Zwerner's intent to sue, outlined other behavioral issues and interactions the boy had at Richneck Elementary School with teachers and students.

According to the notice obtained by The AP, the boy allegedly “slammed” Zwerner’s cell phone and broke it. School officials gave him a one-day suspension, but when he returned to class the following day, he shot Zwerner while she sat at a reading table, the notice said.

The notice also said an unnamed teacher confirmed a choking incident in 2021. The teacher said the boy came up behind her as she sat in a chair, locked his forearms in front of her neck, and pulled back and down, The AP reported. A teaching assistant was able to pull the boy off her.

The legal notice also detailed Zwerner's account of the shooting and contained a timeline describing how Zwerner, three other teachers and a guidance counselor expressed concerns to administrators about the child possibly having a gun.

Police Chief Steve Drew has repeatedly characterized the shooting as "intentional," saying the boy aimed at Zwerner and fired one round, striking her in the hand and chest.

Zwerner was hospitalized for nearly two weeks but is now recovering at home, a hospital spokesperson said.

On Jan. 25, the Newport News school board voted to fire Superintendent George Parker III after he faced a barrage of criticism following the shooting. Hours before the board's vote, Zwerner announced she planned to sue the school district.

Zwerner's lawyer, Diane Toscano, said that on the day of the shooting, concerned teachers and employees warned administrators three times the boy had a gun on him and was threatening other students, but "the administration could not be bothered."

Parker told parents after the incident that a school official was notified about the weapon before the shooting. However, no gun was found when the child's backpack was searched.

School administrators have also been accused of downplaying the boy's behavior and repeatedly ignoring Zwerner's requests for help, according to a Washington Post report. Teachers told the Post that Zwerner alerted school officials about the boy's behavior and repeatedly sought assistance during the school year.

In a statement released by their attorney, the boy's family said their son suffers from an acute disability and was under a care plan at the school, including his mother or father attending school with him and accompanying him to class every day.

According to the family, the week of the shooting was the first that a parent was not in class with him.

"We will regret our absence on this day for the rest of our lives," the family said.

After the shooting, the boy was taken to a medical facility where he is receiving unspecified services.

The Associated Press contributed to this report.

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