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NY Post
New York Post
3 Apr 2023


NextImg:Virginia teacher shot by 6-year-old student files $40 million lawsuit

The Virginia teacher shot by a 6-year-old student filed a $40 million lawsuit on Monday, accusing school officials of repeatedly ignoring warnings that the disturbed youngster had a gun.

Abigail Zwerner, 25, filed the suit nearly three months after she was shot while teaching at Richneck Elementary School in Newport News by a first grader with “a history of random violence,” according to the lawsuit.

That history included “multiple reports that a firearm was on school property and likely in possession of a violent individual,” the suit said about the troubled youngster who was suspended for smashing Zwerner’s phone two days before the shooting.

“We know for a fact that there were at least three opportunities for them to stop this from happening,” one of her attorneys, Jeffrey Breit, told the “Today” show moments after filing the suit Monday.

Abby Zwerner’s $40 million lawsuit said the shooting was “entirely preventable.”

Those warnings included a teacher specifically warning that “one of the students has actually seen the gun” soon before the first grader shot his teacher in class, the attorney told the NBC morning show.

“At that point in time, you have a ticking time bomb in the school — and the school failed to do anything about it,” Breit said.

Diane Toscano and Jeffrey Breit discussing the lawsuit on the "Today" show.

Jeffrey Breit, seen here with fellow attorney Diane Toscano, told the “Today” show that warning that the disturbed boy had a gun were “a ticking time bomb” that was ignored.
NBC

Zwerner filed the suit after school officials refused to settle, claiming that it was effectively a workers’ compensation case.

“That’s what they’ve maintained, up until today, that that is just part of the job” for a first-grade teacher “to be shot by their own student,” co-counsel Diane Toscano told “Today.

“That is unacceptable. That’s outrageous. And that’s not what happened here,” she said of the “completely preventable” attack.

Teachers rushing to the school after the teacher was shot Jan. 6.

The suggestion that getting shot by a 6-year-old pupil is part of the job for a first-grade teacher is “unacceptable” and “outrageous,” the attorneys said.
AP

The lawsuit detailed how the young student, only identified as John Doe, previously strangled another teacher — and even pulled up a female classmate’s dress and “began to touch [her] inappropriately.”

He’d previously been placed on a modified schedule for “chasing students around the playground with a belt in an effort to whip them with it, as well as cursing at staff and teachers,” the complaint said.

He was so troubled, in fact, at least one of his parents was required to attend school with him “because of his violent tendencies.”

However, teachers’ concerns “were always dismissed” — and he would often come back from the school office “with some type of reward, such as a piece of candy,” rather than action to prevent the risk he posed, the suit claimed.

On Jan. 4 — two days before the shooting — he was given a one-day suspension for smashing Zwerner’s cell phone, the complaint noted.

When he returned on Jan. 6 — the day of the shooting — was not assigned a “one-on-one companion” and his mother did not stay in school with him, as per the requirement, the suit said.

Zwerner personally raised concerns about the disturbed young boy’s “violent mood” with the then-assistant principal, Ebony Parker, who “essentially ignored” her concerns, the suit said.

Another teacher then heard that the boy had a gun, the suit said.

Then-assistant principal, Ebony Parker, who later quit over the scandal.

The suit again claims that then-assistant principal Ebony Parker “essentially ignored” warning that the violent boy had the gun he then used to shoot his first-grade teacher.
Twitter / @BriNewton_EDU

Although his backpack was searched, Parker — who later resigned — refused to let them search the boy himself, even when a teacher reported that other kids saw him hiding the gun in a sweatshirt pocket.

A third teacher also reported how another pupil saw the gun — but Parker again “forbade” yet another teacher permission to further search him, the suit said.

Less than an hour later, the boy shot Zwerner during a class.

The teacher told the “Today” show last month that she thought she would die — and still has a bullet lodged in her chest.

“It’s changed me. It’s changed my life,” she said at the time, saying she is still haunted by the look on the boy’s face “while he pointed the gun directly at me.”

Abigail Zwerner interviewed last month by NBC's "Today."

The teacher told the “Today” show last month that the shooting will forever haunt her.
NBC News

“She’s going to be dealing with this for her entire life — the physical, the emotional trauma,” Toscano told the NBC show Monday.

“We’re going to hold those accountable for what happened to her to the for the tragedy that was completely preventable,” the attorney said.

Zwerner “loved being a teacher, loved teaching children, but the emotional trauma she has sustained is just unbelievable, so her future is uncertain at this time,” she said.

The lawsuit names Newport News School Board as well as Parker, former Schools Superintendent George Parker III, and former Richneck principal Briana Foster Newton.

NBC News — which first reported on the lawsuit — said it had been unable to get a comment from any of those named in the filing.

The school district previously said it cannot comment during ongoing criminal, civil and internal action.

It has previously said that it “will continue to do whatever it takes to ensure a safe and secure teaching and learning environment across all our schools.”

Parker’s lawyer has previously maintained that the then-assistant principal was unaware the boy had a gun, despite the claims.

Officials said last month that the boy — who was taken into care by Newport News Social Services — will not face charges.

However, it has not ruled out charges against the adults involved.