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Abby Zwerner's attorney says Richneck shooting was 'preventable' and 'heartbreaking' in interview about grand jury report

In an interview with ABC News, Abby Zwerner's lawyer is responding to a grand jury report on mistakes made by school security and admins on the day of the shooting.

NEWPORT NEWS, Va. — An attorney representing the teacher who was shot by her 6-year-old student at Richneck Elementary School in Newport News last year is responding to a recently-released grand jury report that lays out mistakes made by security and administrators leading up to the day of the shooting.

In an interview with Good Morning America Thursday, Abby Zwerner's attorney, Diane Toscano, spoke on the implications of the 30-page report made by a special grand jury and the indictment of the Richneck's former assistant principal, Ebony Parker.

The report detailed the reasons why Parker was charged with eight counts of child neglect, accusing her of ignoring four warnings that the child brought a gun to school on the day of the shooting on Jan. 6, 2023.

The report cites "reckless disregard for human life" while being responsible for students at Richneck.

RELATED: Special grand jury report finds Richneck security issues, admin failures leading up to shooting of teacher

Toscano told Good Morning America: "It's hard. You know, it's emotionally and physically draining on a person, on a client. I know for Abby, being caught in litigation is not easy. It's been a relief for her knowing that there are things happening through the criminal justice system. We saw just a couple of months ago the mother was held accountable. Today, they brought charges against the assistant principal. We are seeing steps towards making sure that something like this doesn't happen again."

Toscano continued saying, "They failed to act and it was preventable. That's just what is heartbreaking, that this could have been prevented. The special grand jury even says in their report that this was an avoidable event. There's just no dispute; this could have been prevented."

In a written response Wednesday after the report was released, Zwerner’s attorneys also said: "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.”

In a $40 million lawsuit, Zwerner asserts that the school division’s negligence allowed the shooting to happen and alleges specifically that the assistant principal ignored several warnings the boy had a gun that day. 

Zwerner's trial for her lawsuit is slated to begin on Jan. 21, 2025, which will mark just over two years since the shooting.

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