Negligence Claim in Virginia School Shooting Case
During the opening day of a $40 million civil trial, the lawyer for Abigail Zwirner, a first-grade teacher who was shot by a 6-year-old student at Rich Neck Elementary School, alleged that the school’s former assistant principal, Ebony Parker, ignored multiple warnings about the child possibly being armed.
Following the shooting incident in Newport News in January 2023, Zwirner suffered a bullet wound. Her attorney, Diane Toscano, argued that Parker dismissed reports from Zwirner and other staff members about the child’s potential weapon.
“Who could have thought a 6-year-old would take a gun to school and shoot a teacher?” Toscano posed to the jury. “Dr. Parker should have acknowledged that this was not outside the realm of possibility.”
Toscano highlighted the urgent moment leading up to the shooting, mentioning, “1:58 p.m. Bang! The bullet went through Abby’s hand and then her chest.”
Due to health risks, doctors were unable to remove the bullet from Zwirner’s body, Toscano noted.
Conversely, Parker’s attorney, Daniel Hogan, contended that such a shooting was unforeseeable. Parker, who has resigned following the incident, now faces separate criminal charges. Hogan stated, “No one could have imagined a first-grader bringing a firearm to school. It’s a key point in this case whether it was predictable.”
He also emphasized that judgment should consider the context of decisions made at the time of the incident, rather than hindsight. Defense counsel highlighted that decision-making in school environments is often shared among staff.
Multiple employees testified that they had informed Parker about concerns regarding the child’s behavior and possible weapon. Dr. Nina Farish, the director of human resources for the Newport News School District, mentioned that Parker admitted she was told only 90 minutes before the incident that the student might have a gun in his backpack.
Reading specialist Amy Kobach shared in court that she witnessed Zwirner informing Parker about the child’s aggressive behavior earlier that day, but the assistant principal reportedly failed to confront the matter seriously.
Kobach recalled asking the child about his bag, to which he responded, “No, no one has received the bag.” After relaying this interaction to Parker, Kobach described how the assistant principal seemed unconcerned, saying, “Well, he doesn’t have a lot of pockets.”
A few minutes later, gunfire erupted, prompting Kobach to rush to Zwirner’s classroom, where she found the boy with his arms crossed.
Once inside, Kobach grabbed the boy’s wrist and used Zwirner’s phone to call for help, stating, “A teacher was shot. We’ve apprehended the shooter. Please send assistance.”
Another teacher, Jennifer West, also reported seeing the child with a weapon to school officials, but Parker allegedly delayed any search for the boy until his mother arrived.
Testimonies continued with Zwirner’s sister, Hannah, sharing how the traumatic experience has changed her sister. “She’s not the same person she was before. She feels disoriented, doesn’t often go out, and our conversations have dwindled,” Hannah described.
Parker is scheduled to face a criminal trial next month for child neglect, while the boy’s mother, Dejah Taylor, was sentenced to two years in prison for her role in the incident, after her son took a gun from her purse.
