Legal experts have stepped in after Virginia prosecutors said the criminal investigation into employees of Rich Neck Elementary School, where a 6-year-old shot and killed a teacher, will continue with a review of the missing child’s disciplinary file.
Neema Rahmani, a former federal prosecutor and president of the West Coast Trial Lawyers Association, told FOX News Digital that Rakish Parrott, director of the Department of Elementary Education, could face both criminal and civil charges.
“It is a crime to remove or destroy records related to a criminal investigation,” he said. “Parrott could be charged with obstruction of justice, which is in addition to the substantive child neglect charge Parker faces.”
Virginia school ignores ‘many behavioral issues’ as 6-year-old shoots and kills teacher
Newport News Commonwealth’s Attorney Howard Gwinn spoke to the media Thursday about the special grand jury report into the Recheck school shooting in Newport News, Virginia. (Stephen M. Katz/The Virginian Pilot, via AP)
Rahmani said the case was particularly interesting because it involved a teacher who had an “affirmative duty” to protect students.
“A unique case”
“This is a special case because while omission is usually not sufficient for criminal prosecution, it can give rise to civil liability,” Rahmani said. “However, the teacher’s inaction is sufficient to warrant criminal charges because the teacher had a clear duty to protect the student and failed to do so.”
“And, of course, any attempt to conceal a crime or obstruct a criminal investigation is a separate charge,” he added.
Students return to Rich Neck Elementary School in Newport News, Virginia. (Billy Schuurman/Virginian Pilot, via AP/File)
On Thursday, Newport News State Attorney Howard Gwinn said at a news conference that prosecutors are working to decipher how the student’s disciplinary records disappeared.
“We will work with the school system to try to understand why this happened,” Gwinn said. “And believe me when I say that if we think, based on the facts of the law, that someone else should be charged, they will be charged.”
Virginia vice principal charged in shooting of 6-year-old teacher
Concerns about disciplinary claims
Gwynn’s comments came after a special grand jury report into last year’s Richneck Elementary School shooting raised concerns about Parrott’s “alleged memory loss” regarding the boy’s disciplinary file.
One of the files was returned to Parrott, but it was missing the child’s disciplinary records, according to the grand jury report. The other one was not found.
Willow joins her friend Kaylin Vestre to show their support for Richneck Elementary School first-grade teacher Abby Zwirner at a candlelight vigil in her honor at the school’s administration building in Newport News, Virginia, in January. Crawford (left) and her sister Eva (right). . September 2023. (AP Photo/John C. Clark/File)
Attorney Diane Toscano said the grand jury report contains “evidential evidence” that suggests the school “downplayed” the student’s checkered past.
“The report uncovers a disturbing trail of evidence that clearly demonstrates the school department’s efforts to downplay its disciplinary record even before the shooting occurred and cover it up afterward,” Toscano said. “If the Citizens Committee believes this may have been a cover-up, that’s their word, but I have no reason to doubt them.”
According to Toscano, residents of Newport News, Va., They have “not forgotten” the tragedy that has affected the school community.
“The special grand jury of Newport News citizens spoke loud and clear,” attorney Diane Toscano said. “They said it’s not over yet, we haven’t forgotten. They said, ‘No, Newport News school leaders, you cannot escape responsibility for this tragedy.'”
No, Newport News school leaders, you cannot escape responsibility for this tragedy.
Brianna Foster Newton, former principal of Richneck Elementary School; (Twitter/@BriNewton_EDU)
Former Rich Neck principal Ebony Parker is charged with felony child neglect.
warning ignored
Hours before the boy shot and killed first-grade teacher Allie Zwirner, she responded to multiple warnings that the boy had a gun with a “shocking” blank response, according to a grand jury report. It is said that he showed a reaction.
Attorney for Virginia teacher fatally shot by 6-year-old files $40 million lawsuit detailing allegations the school ignored warnings
The indictment alleges that Parker, who was in charge of the students at Rich Neck, “intentionally committed or committed acts in the care of such students in a manner so egregious, unreasonable and culpable as to demonstrate a reckless disregard for human life.” “He committed a serious crime of omission.”
Parker, 39, is charged with eight felonies, each punishable by up to five years in prison.
A Newport News police officer directs traffic at Rich Neck Elementary School in Newport News, Virginia. (AP Photo/John C. Clark/File)
A grand jury report found the 6-year-old boy showed signs of violence before the shooting and should not have been enrolled in the school.
The child was “exhibiting a number of behavioral issues” prior to the Jan. 6, 2023 incident when he shot Zwerner with a 9mm semi-automatic handgun.
destructive behavior
While in kindergarten, the child reportedly engaged in disruptive behavior toward both students and teacher Susan White, who were named in the grand jury report.
“Throughout the first year of kindergarten, the child exhibited a number of problematic behaviors,” the special grand jury report said. “He was disruptive both in class and with teacher Susan White. The child would get in other children’s faces and, when removed from the class by the counselor, would occasionally hit and punch the counselor. ”
Abby Zwirner, the teacher who was shot by a 6-year-old student at Rich Neck Elementary School in Newport News, Virginia, last year, spoke to reporters in Virginia Beach, Virginia, on Wednesday. (Stephen M. Katz/The Virginian Pilot, via AP)
In another example, a student strangled another teacher in 2021.
“On September 27, 2021, Mr. White was finishing breakfast with his students when the child went to throw away the breakfast in the trash can in the hallway and did not return. When Mr. White went to look for it, a security guard Mr. White took him by the hand and tried to lead him back to the classroom, but the child punched him and yelled, “No!” “I don’t want to go back to class.” The child then violently twisted the guard’s wrist and pulled him down.Because of his attitude, the security guard removed the child.[副校長のパーカー博士、ホワイト先生の所に連れて行きました]returned to class,” the report said.[assistantprincipal-DrParkerwhileMsWhitereturnedtoclass”thereportsaid[assistantprincipal-DrParkerwhileMsWhitereturnedtoclass”thereportsaid
“I was suffocated by a child.”
“At one point, Mr. White was sitting in a high chair. teach a class. Her child came up behind Ms. White, put her forearm in front of her neck and pulled her down so hard that Ms. White could not breathe and suffocated. Her assistant saw Ms. White strangling her and saved her by ripping the child’s arm off and taking her out of her class. ”
Messages of support for Abby Zwirner, a teacher who was shot by a 6-year-old student, are displayed on the front gate of Rich Neck Elementary School in Newport News, Virginia. (Abigail Zwirner family, via AP, File/AP Photo/John C. Clark/File)
Despite the child’s actions, the child was returned to the classroom and allowed to remain as the school announced that there was “no administrator available to handle the situation.”
CLICK HERE TO GET THE FOX NEWS APP
And despite instances of physical assault and profanity, the child was not given an Individualized Education Program (IEP) or considered for an alternative school, the report said.
