NEWPORT NEWS, Va. -- The mother of the six-year-old child who police said shot first-grade teacher Abby Zwernerat Richneck Elementary School in Newport News has been charged with two crimes.
A Newport News Grand Jury indicted Deja Taylor, 25, with child neglect (felony) and recklessly leaving a loaded firearm so as to endanger a child (misdemeanor), according to Newport News Commonwealth's Attorney Howard Gwynn.
"Every criminal case is unique in its facts, and these facts support these charges, but our investigation into the shooting continues," Gwynn said.
Zwerner was hospitalized for nearly two weeks after being shot in the chest and left hand as she taught her class on January 6, 2023.
Zwerner’s attorney, Diane Toscano, told reporters in January that concerned staff at the school had warned administrators three times that the 6-year-old had a gun and was threatening other students in the hours before Zwerner was shot.
Toscano said the school administration “was paralyzed by apathy” and didn’t call the police, remove the boy from class or lock down the school.
Gwynn also asked the Circuit Court to empanel a Special Grand Jury to investigate security issues at the school.
"The safety and security of Newport News students is of utmost importance. The Special Grand Jury will investigate to determine whether additional charges against additional persons are justified by the facts and the law," Gwynn said. "If the Special Grand Jury determines that additional persons are criminally responsible under the law, it can return additional indictments."
Criminal defense attorney Ed Riley, who is not associated with this case, said, unlike a regular Grand Jury, a Special Grand Jury can be used as an investigative tool to evaluate facts in the case.
“In this circumstance, they were brought together to specifically look at the incident so the expectation would be that they would look at all the players involved to make a determination, at a probable cause level, which is the role of the Grand Jury to determine if a true bill should be granted," he said.
The mother's attorney, James Ellenson, previously said the gun was secured on a top shelf in her closet and had a trigger lock.
Ellenson has not responded to a call Monday seeking comment on the indictments, which were first reported by the Daily Press.
Virginia's law on felony child neglect says any parent, guardian or other person responsible for the care of a child “whose willful act or omission in the care of such child was so gross, wanton, and culpable as to show a reckless disregard for human life” is guilty of a Class 6 felony. The charge is punishable by up to five years in prison.
The misdemeanor charge says it’s against Virginia law 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.” That charge is punishable by a maximum of one year in jail.
Police Chief Steve Drew has repeatedly characterized the shooting as “intentional.” He said there was no warning and no struggle before the child pointed the gun at Zwerner and fired one round, striking her in the hand and chest.
Zwerner, 25, hustled her students out of the classroom before being rushed to the hospital, where she stayed for nearly two weeks.
Ellenson told The Associated Press in January that he understood the gun was in the woman’s closet on a shelf well over 6 feet (1.8 meters) high and had a trigger lock that required a key.
The family said in the wake of the shooting that the boy has an “acute disability” and was under a care plan “that included his mother or father attending school with him and accompanying him to class every day.” The week of the shooting was the first when a parent was not in class with him, the family said.
The family said in the days after the shooting that the child was placed under hospital care and receiving “the treatment he needs.”
The shooting also unleashed a torrent of criticism about school administrators.
Days after the shooting, school officials revealed that administrators at Richneck Elementary had suspected the child may have had a weapon before the shooting occurred. But they didn't find it despite searching his backpack.
At a subsequent school board meeting, parents and teachers lambasted administrators for what they called a misguided emphasis on attendance over the safety of children and staff. They said students who assaulted classmates and staff often faced few consequences, while Zwerner' shooting could have been prevented if not for a toxic environment in which teachers’ concerns were ignored.
In a lawsuit filed last week seeking $40 million in damages, Zwerner's attorneys accused school officials of gross negligence and of ignoring multiple warnings from teachers and other school employees the day of the shooting that the boy was armed and in a “violent mood.”
In the lawsuit, Zwerner’s attorneys said all of the defendants knew the boy “had a history of random violence” at school and at home, including an episode the year before when he “strangled and choked” his kindergarten teacher.
“There were failures in accountability at multiple levels that led to Abby being shot and almost killed. Today’s announcement addresses but one of those failures. It has been three months of investigation and still so many unanswered questions remain. Our lawsuit makes clear that we believe the school division violated state law, and we are pursuing this in civil court. We will not allow school leaders to escape accountability for their role in this tragedy," attorney Diane Toscano said in a statement.
The school board in Newport News fired the district's superintendent, while Richneck's assistant principal resigned from the school division. The elementary school's principal is still employed by the district but no longer holds that position.
Richneck also installed metal detectors before it reopened on Jan. 30, a full three weeks after the shooting occurred.
The Associated Press contributed to this report.
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