Prosecutor Reviewing Case Of Boy, 6, Accused Of Shooting VA Teacher

NEWPORT NEWS, VA — Police in Newport News, where authorities say a 6-year-old boy shot his first-grade teacher last month, have finished their investigation and turned the case over to the local prosecutor's office for review, according to a report.

Police have accused the 6-year-old boy of shooting teacher Abigail Zwerner inside a first-grade classroom at Richneck Elementary School 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.

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

Drew discussed the case in a Facebook Live chat Wednesday, but offered few new details, according to The Associated Press.

Drew said the case was turned over to Newport News Commonwealth's Attorney Howard Gwynn, who will determine if any charges will be filed, the AP reported.

"I totally understand people would like to have a case open and shut — that's just not what we have here," Drew said.

Gwynn told the AP that city detectives turned over three binders of information to his office. The files do not include body camera footage of dozens of police officers who responded to the shooting, which will also be reviewed.

Police previously said they were unsure how the child found the gun or learned to fire it. Given his age, prosecutors will determine what steps should be taken and whether the boy could be held accountable.

Regardless, it's unlikely he'll face charges, legal experts say.

Virginia law does not allow 6-year-olds to be tried as adults. In addition, a 6-year-old is too young to be committed to the custody of the Department of Juvenile Justice if found guilty.

However, his mother could be held accountable, according to Virginia state law.

• RELATED: Newport News Shooting: Can 6-Year-Old's Mother Be Charged?

"It shall be unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen," Virginia law states. "Any person violating the provisions of this subsection shall be guilty of a Class 1 misdemeanor."

If convicted, the charge carries a maximum one-year prison sentence and a $2,500 fine.

The Newport News case was a topic of discussion again when another 6-year-old, this time in Norfolk, reportedly brought a gun to school on Feb. 16.

According to Norfolk police, Letty M. Lopez, 35, of Norfolk, was charged with contributing to the delinquency of a minor and allowing a child access to a loaded firearm after her child, a student at Little Creek Elementary School, was found with a gun.

When police arrived, authorities said a handgun was turned over to officers by school staff. Police did not say how the gun was discovered.

No injuries were reported, according to Norfolk authorities.

• Related: Another 6-Year-Old Brings Gun To VA School, Mother Charged: Police

It is also illegal for any person to allow a child under the age of 12 to use a firearm except when the child is under the supervision of an adult.

The shooting rippled through Newport News, prompting the school to install metal detectors and the board to fire Superintendent George Parker III after he faced a barrage of criticism following the shooting.

Zwerner was hospitalized for nearly two weeks but she was sent home to continue her recovery.

On Jan. 25, Zwerner's lawyer announced that Zwerner planned to sue the school district. In the notice, Zwerner claimed that on the day of the shooting, concerned teachers and employees warned administrators three times that the boy had a gun on him and was threatening other students, but "the administration could not be bothered."

The Associated Press contributed to this report.

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