NEWPORT NEWS, Va. — A former assistant principal ignored warning signs that a 6-year-old Virginia boy brought a gun to school, an act of gross negligence that led to the avoidable shooting of the child’s first-grade teacher, a jury found Thursday.
The panel of three men and four women sided with former instructor Abigail Zwerner and awarded her $10 million in damages, plus interest, stemming from her wounding on Jan. 6, 2023, at Richneck Elementary School in Newport News.
The jury spent four hours deliberating on Thursday and two hours on Wednesday.
Following the verdict, Zwerner’s attorneys spoke to reporters outside the courthouse, with Zwerner herself standing off to the side with her family. She did not speak to the press.
"I remember just three years ago, almost to this date hearing for the first time Abby’s story, and thinking that this could have been prevented," attorney Diane Toscano said. "So now to hear from a jury of her peers that they agree that this tragedy could have been prevented ... we’re very happy with the outcome for today, and we’re happy that Abby’s story got to be told."
Zwerner was shot in the hand and chest by the boy, who could have been stopped by assistant principal Ebony Parker, the teacher said in her lawsuit.
A Richneck teacher testified last week that she informed Parker about students telling her that the boy had a gun in his backpack.
Another instructor testified that she relayed the same concern to Parker after a student alerted her to the boy having a gun.
The weapon wasn’t taken from him until he shot Zwerner.
There were clear school guidelines that called for Parker to take action once the defendant was told about a possible threat, Zwerner’s attorney, Kevin Biniazan, told jurors on Wednesday.
“What does that mean? That means you can’t stick your head in the sand,” he said. “You cannot stick your head in the sand and then come into court and say ‘I didn’t have the information’ when it was your job to find it.”
Parker’s lawyer, Sandra Douglas, argued that her client’s perceived lack of action didn’t amount to gross negligence.
“Dr. Parker did not have a legal duty to protect Miss Zwerner,” Douglas told jurors. “She did not volunteer to protect Miss Zwerner.”
In a separate legal matter, Parker is facing criminal charges of felony child abuse and neglect for her alleged indifference.
That case should get started in late November, with Zwerner placed in the odd position — in terms of personal financial gain — of seeking Parker’s acquittal.
On paper, this civil verdict against Parker should be paid for by the Virginia Risk Sharing Association (VRSA), an insurance pool made up of many public bodies statewide, including the Newport News School Board.
But if Parker is found guilty of crimes tied to this 2023 shooting, insurance issuers could have a strong case to absolve themselves from having to pay Zwerner.
Managers of the insurance pool could argue that with a guilty verdict in hand, criminal action by the defendant took the school employee out of their purview, said University of Richmond law professor Jack Preis.
“There’s times in which the courts will say, ‘Listen, you’ve effectively misbehaved so much that you’ve lost your job, you’ve left your job for that moment, and therefore we’re not responsible for covering anything because you essentially abdicated your role,’” Preis told NBC News.
But even if Parker were convicted of criminal charges directly tied to the shooting, Preis said insurance managers might feel pressure to compensate Zwerner.
The law school professor likened this potential scenario to a parent paying for their 17-year-old boy causing damage by egging a house on Halloween night.
“That’s his [the teenager’s] fault. I’m not liable for that and I don’t bear responsibility,” Preis said.
“But I might just decide that, ‘You know what, it’s my kid and he shouldn’t have been doing that. It’s not technically my fault, but someone else out there suffered $500 worth of harm and I should just go ahead and cover it.’ Here, someone might say, ‘I want the plaintiff, the victim, to have some compensation.’”
Zwerner's attorneys said Thursday's verdict sends a message about improving school safety.
"We can’t let these kinds of school shootings, whether it’s an individual case like this or the mass shootings that have destroyed America, (continue)," lawyer Jeffrey Breit said outside the courthouse. "School safety, teacher safety, children’s safety is the most important thing. This verdict reminds people that you will be held accountable if you don’t make that your first concern."
Parker and her attorneys did not address the press.
Gary Grumbach reported from Newport News, Virginia; David K. Li reported from New York City.
