VIRGINIA, USA — 13News Now is learning new details surrounding the shooting last year at Richneck Elementary School.
Members of a special grand jury called by the Commonwealth wrapped up an investigation which, among other things, led to indictments against former assistant principal Ebony Parker.
A nearly 30-page document with the investigation's findings was released publicly Wednesday afternoon. It outlined the stages before, during, and after the shooting on January 6, 2023.
"[The special grand jury made] a determination that there's probable cause to go forward to trial. There are special circumstances that would require a deeper or more in-depth investigation, so that's, in essence, what the special grand jury is doing and they return an indictment," said David Velloney, a professor with Regent University School of Law.
Velloney also said the gap in time between the alleged offense and indictments handed down on March 11 isn't unusual.
An 11-member panel made up of Newport News residents interviewed nearly 20 witnesses and pored through pieces of evidence. Ultimately, part of their findings included a decision to charge Parker with eight counts of felony child abuse and neglect.
"[The case] potentially [has] some precedential value or it certainly is a broader perspective than we sometimes see for criminality, for an administrator to be charged in this way," said Prof. Velloney.
The grand jury's report revealed they came to the decision of eight counts based on the number of bullets in the gun used by the 6-year-old shooter.
This report partly lays out the student's history of behavioral issues, including physical incidents when he choked his kindergarten teacher and another student at Richneck.
The boy who shot Abby Zwerner never completed kindergarten, suggesting he shouldn't have been placed in Zwerner's first-grade class at Richneck, according to the investigation's findings.
After a one-day suspension, documents went on to say the boy arrived at school on January 6, 2023 "showing signs of aggression."
Zwerner told Ebony Parker the child was in a violent mood, one paragraph alluded to. In that instance, Parker is accused of not responding and not even looking in Zwerner's direction.
"Abby and these other teachers at Richneck Elementary School tried to do the right thing on January 6, the day of the shooting," said Diane Toscano, one of Zwerner's attorneys in a 2023 news conference.
The special grand jury report corroborates Zwerner's attorneys' previous claims about administrators, particularly Parker, ignoring multiple warnings by employees about the boy possibly having a gun.
Attorneys Diane Toscano, Kevin Biniazan and Jeffrey Breit issued the following statement Wednesday afternoon:
"The grand jury report reveals a systemic failure that led to the shooting of Abby Zwerner. Most shocking is the apparent cover-up of disciplinary records before and after the shooting. We are grateful for the work of the special grand jury and the answers they have provided this community."
At one point, "Parker did not inquire further with any questions, took no further action, and did not appear to show concern," the report also said.
Findings also show that the gun the boy used to shoot Zwerner jammed because of his "lack of strength," stopping him from firing any more bullets in the chamber.
The special grand jury decided to charge Parker with eight counts of felony child abuse and neglect, one for every bullet in the loaded gun.
As the case moves through Newport News Circuit Court, Prof. Velloney said any developments would be interesting to watch.
Next, Velloney explained a series of motions and hearings will likely take place. There could be multiple outcomes, including a plea or jury trial.
"If the administrator was, in fact, reckless and the elements can be met and proven beyond a reasonable doubt, there's great concern for our children. I think it's important people be held responsible if, in fact, they are," said Velloney.
Parker resigned from her post at Richneck in late January 2023.
The shooting left Zwerner injured and locked in a legal battle. She filed a $40 million lawsuit, which also lists Parker.
"You've got a civil lawsuit and a criminal case, and the evidence that comes out in the criminal case could certainly play in the civil lawsuit," Velloney added.
Newport News jail staffers booked Ebony Parker into jail Wednesday; she is already out on bond. Prosecutors recommended a $4,000 secured bond and for Parker to surrender her passport, according to court documents.
Notably, Parker isn't the first person to face criminal charges following the shooting. The boy's mother, Deja Taylor, is serving time in prison after pleading guilty to felony child neglect in 2023. She was already behind bars on federal charges for lying on her gun permit paperwork about using marijuana.
Moreover, the special grand jury found the principal at Richneck Elementary School at the time, Briana Foster-Newton, not criminally liable.
Newton did not know about the warnings on January 6, although she should have, panelists wrote.