Lawyer for Virginia teacher shot by 6-year-old student announces lawsuit against school district
The Virginia teacher who was shot by her six-year-old student will sue her school district, alleging administrators were warned of gun, an attorney for Abby Zwerner announced Wednesday in Newport News, Virginia.
A 6-year-old Virginia boy who shot his first-grade teacher last month also reportedly choked another teacher, according to a legal notice filed by an attorney for the wounded teacher.
The boy also allegedly cursed at staff and tried whipping students with his belt, according to the notice filed on behalf of teacher Abby Zwerner and sent to the Newport News school district.
The notice from Diane Toscano, an attorney for Zwerner, informed the district that Zwerner intends to sue. The Associated Press said it obtained the notice of claim through a public records request.
The AP reported that the notice outlines prior behavioral issues the boy had at Richneck Elementary School.
VIRGINIA TEACHER EMAILS REVEAL 'BEHAVIORAL DIFFICULTIES' WITH 6-YEAR-OLD WHO SHOT HER: REPORT
A Newport News police officer directs traffic at Richneck Elementary School in Newport News, Virginia, 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)
Two days before the shooting, the claim notice said the boy allegedly "slammed" Zwerner's cell phone and broke it. While he was given a one-day suspension, it said he returned to her class and used a 9 mm handgun to shoot her while she sat at a reading table.
In this undated photo provided by her family and lawyers, Abigail Zwerner, a first-grade teacher at Richneck Elementary School in Newport News, Virginia, is shown inside her classroom. (Family of Abigail Zwerner via AP, File)
The choking incident was confirmed to The Associated Press by the teacher, who said that the boy had come up behind her in 2021, locked his forearms in front of her neck and pulled back down before a teaching assistant was able to pull him off of her.
VIRGINIA SCHOOL WHERE 6-YEAR-OLD SHOT TEACHER REOPENS WITH METAL DETECTORS, UPGRADED SECURITY
"I didn't feel safe the rest of the year because I knew if they didn't protect me when he choked me and I couldn't breathe, then they wouldn't protect me, my kids or my colleagues if he did something not as harmful," she said, noting that the incident had been reported to administrators. The teacher requested anonymity because she fears potential retaliation from the school district.
Students return to Richneck Elementary in Newport News, Virginia, on Monday, Jan. 30, 2023. (Billy Schuerman/The Virginian-Pilot via AP)
The boy was later moved into another class in another school. Following the shooting, police said he was taken to a medical facility where he is receiving unspecified services.
Toscano's notice also fleshed out Zwerner's allegations of negligence at Richneck on Jan. 6, including a timeline describing how she and others had voiced concerns about the boy possibly having a gun.
Students return to Richneck Elementary in Newport News, Virginia, on Monday, Jan. 30, 2023. (Billy Schuerman/The Virginian-Pilot via AP)
CLICK HERE TO GET THE FOX NEWS APP
Len Wallin, the director of legal services for the school system, said in an email to the AP that it is standard practice for the school division to forward notices of intent to sue to its insurer, which handles such litigation.
Fox News Digital's request for comment from the school system was not immediately returned.
The Associated Press contributed to this report.
True Crime
The hottest stories ripped from the headlines, from crime to courts, legal and scandal.
By entering your email and clicking the Subscribe button, you agree to the Fox News Privacy Policy and Terms of Use, and agree to receive content and promotional communications from Fox News. You understand that you can opt-out at any time.
