Virginia prosecutors take case of boy, 6, who shot teacher in class: police

First-grade teacher Abby Zwerner was shot by one of her students while teaching in Newport News, Virginia

The criminal case involving a 6-year-old Virginia boy who shot his elementary school teacher earlier this year is now in the hands of the local prosecutor, as police have completed their investigation into the matter, officials said. 

Newport News, Virginia, Police Chief Steve Drew said Tuesday his department had handed over its investigation regarding the January shooting of Abigail "Abby" Zwerner to the office of the Commonwealth’s Attorney.

Zwerner was teaching her first-grade class at Richneck Elementary School on Jan. 6 when her 6-year-old student used his mother’s 9mm handgun to shoot her, police have said. 

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FILE - In this undated photo provided by her family and lawyers, Abigail Zwerner, a first-grade teacher at Richneck Elementary School in Newport News, Va., is shown inside her classroom. (Family of Abigail Zwerner via AP, File)

The student’s mother had legally purchased the weapon, had kept it secured with a trigger lock and on the highest shelf in her closet, the family’s attorney, James S. Ellenson, previously said. 

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Drew said Tuesday he understood that people "would like to have a case open and shut," but added, "that’s just not what we have here." 

Messages of support for teacher Abby Zwerner, who was shot by a 6-year-old student, grace the front door of Richneck Elementary School in Newport News, Virginia, on Monday, Jan. 9. (AP/John C. Clark)

The case is more complicated because so many of the witnesses were first-graders, and interviews therefore require parents’ permission and assistance from a child psychologist, Drew said.  

Howard E. Gwynn , the Commonwealth’s Attorney, told The Associated Press police submitted three binders containing evidence and investigative details, in addition to body camera footage of the shooting aftermath.  

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Residents of Newport News hold a candlelight vigil in honor of Richneck Elementary School first-grade teacher Abby Zwerner at the School Administration Building in Newport News, Va., Monday, Jan. 9, 2023.  (AP Photo/John C. Clark)

"It’s a lot of information," Gwynn said, "and we’re going to carefully review it as we do in every case."

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Zwerner was expected to survive the shooting, but was hospitalized for two weeks. Her attorneys and the families of at least two students have already indicated their plans to sue. 

The Associated Press contributed to this report.

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