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Fox News
Fox News
8 Mar 2023


Messages of support for teacher Abby Zwerner, who was shot by a 6-year-old student, grace the front door of Richneck Elementary School Newport News, Va., on Jan. 6, 2023. 

Messages of support for teacher Abby Zwerner, who was shot by a 6-year-old student, grace the front door of Richneck Elementary School Newport News, Va., on Jan. 6, 2023.  (Family of Abigail Zwerner via AP, File/ AP Photo/John C. Clark, File)

VIRGINIA TEACHER SHOT BY 6-YEAR-OLD IDENTIFIED, PARENTS DEMAND ACTION

Gwynn told NBC News that he does not believe there is a path forward charging the 6-year-old responsible for the shooting of his second grade teacher. Instead, Gwynn is focusing on others.

The boy shot 25-year-old Abigail Zwerner with a handgun owned by his mother as she taught class at the elementary school. Police said that the boy’s mother had legally purchased the 9mm handgun used in the shooting, and the family said that the gun had been "secured" in the mother’s closet on a shelf well over six feet high, with a trigger lock that required a key. 

The family also shared that the young boy had an "acute disability" that included an allowance for one of his parents to accompany him to class every day. The week of the shooting was the first time a parent was not present.

"Our objective is not just to do something as quickly as possible," Gwynn said. "Once we analyze all the facts, we will charge any person or persons that we believe we can prove beyond a reasonable doubt committed a crime."

A Newport News police officer directs traffic at Richneck Elementary School in Newport News, Va., on Monday Jan. 30, 2023.  The Virginia elementary school where a 6-year-old boy shot his teacher has reopened with stepped-up security and a new administrator. 

A Newport News police officer directs traffic at Richneck Elementary School in Newport News, Va., on Monday Jan. 30, 2023.  The Virginia elementary school where a 6-year-old boy shot his teacher has reopened with stepped-up security and a new administrator.  (AP Photo/John C. Clark)

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.

A juvenile judge would have the authority, though, to revoke a parent’s custody and place a child under the purview of the Department of Social Services.

VIRGINIA MOM DETAILS MOMENTS THAT REPORTEDLY LED UP TO 6-YEAR-OLD SHOOTING TEACHER

Zwerner is suing the school district following the shooting. On Jan. 25, her attorney, Diane Toscano, said 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."

"On that day, over the course of a few hours, three different times — three times — school administration was warned by concerned teachers and employees that the boy had a gun on him at the school and was threatening people. But the administration could not be bothered," Toscano told Fox News Digital.

Willow Crawford, left, and her older sister Ava, right, join friend Kaylynn Vestre, center, in expressing their support for Richneck Elementary School first-grade teacher Abby Zwerner during a candlelight vigil in her honor at the School Administration Building in Newport News, Va., Monday, Jan. 9, 2023. Zwerner was shot and wounded by a 6-year-old student while teaching class on Friday, Jan. 6.

Willow Crawford, left, and her older sister Ava, right, join friend Kaylynn Vestre, center, in expressing their support for Richneck Elementary School first-grade teacher Abby Zwerner during a candlelight vigil in her honor at the School Administration Building in Newport News, Va., Monday, Jan. 9, 2023. Zwerner was shot and wounded by a 6-year-old student while teaching class on Friday, Jan. 6. (AP Photo/John C. Clark)

In the aftermath of the shooting, Richneck Elementary School removed the school district's superintendent amid backlash from concerned parent's claiming the school's negligence

"How many shootings and incidents does it take to start using metal detectors at every school, every entrance, every day, 24/7 with no exceptions." Riri Mimi wrote. "Issue a clear backpack policy AND put armed school resource officers in EVERY school."

Fox News Digital’s Louis Casiano contributed to this report.

Sarah Rumpf is a writer on the breaking news team for Fox News Digital. You can reach her on Twitter at @rumpfsarahc