A Virginia judge on Thursday dismissed all charges against a former school administrator accused of ignoring repeated warnings that a 6-year-old child had a gun hours before a teacher was fatally shot.
Circuit Judge Rebecca Robinson issued the ruling on the fourth day of the trial of Ebony Parker, who is charged with eight felony counts of child neglect, according to a defense motion.
“The court’s legal opinion is that this does not constitute a crime,” Robinson said.
The former assistant principal is accused of a January 2023 shooting at Richneck Elementary School in Newport News that injured teacher Abby Zwerner. Prosecutors said the charges filed in the grand jury indictment target every bullet in the gun that was brought into Zwirner’s classroom. Each count carries a maximum penalty of five years in prison upon conviction.
“We had hoped that the community would have the opportunity to participate in the entire judicial process,” Hampton Commonwealth’s Attorney Anton Bell said in a statement. “Nonetheless, the court has now concluded the matter as the law deems appropriate. Our office remains committed to pursuing justice with integrity, transparency and fairness while continuing to respect the role that citizens play in our criminal justice system.”
When the judge announced her decision, Parker lowered her head and cried, then hugged her attorney.
Defense attorney Curtis Rogers told the judge in filing the motion that Parker’s decisions on the day of the shooting “were not negligent acts.”
“Her actions in no way indicate that she believed the child was in possession of a firearm,” Rogers said.
Another defense attorney, Stephen Teague, said outside court, “We believe the right outcome has been reached and we are excited for Dr. Parker. This is a great relief for her and we are delighted that we have been a part of her journey.”
Parker was not called to testify during the trial. A video interview with Parker conducted by a school district human resources officer three days after the shooting was played to the jury in court Wednesday.
Parker said she was informed of reports that the student had a gun in his backpack, but said she was unable to leave the office because of the ongoing testing. Parker said a reading specialist first reported the problem and the backpack was searched but no gun was found.
Parker later said the student’s mother would pick him up and go through his other belongings.
Zwirner testified earlier at the trial that the student was wearing an oversized jacket and kept his hands in his pockets during recess on the school playground. Zwierner said she sent a text message containing the observation to a reading specialist, who had earlier received a report from a student about the gun and reported it to Parker.
The student continued to wear the jacket in the classroom after recess, and Zwierner was shot to death on his reading table. Zwirner spent nearly two weeks in the hospital, required six surgeries and lost full use of his left hand. A bullet nearly hit her heart and lodged in her chest.
Experts say criminal charges against school officials following school shootings are relatively rare. The shooting shocked the military shipbuilding community and the country, with many wondering how a child so young could have obtained a gun and shot his teacher.
Last November, a jury awarded Zwirner $10 million in a civil trial in which Parker was the only defendant and he no longer works at the school.
The student’s mother was sentenced to nearly four years in prison on felony child neglect and federal weapons charges.