The civil trial in a $40 million lawsuit involving a Virginia teacher who a then-six-year-old student shot has officially begun.
During the trial, a school staffer recounted the moment that she heard a gunshot fired in an elementary school. The victim in the case was identified as Abby Zwerner, who is seeking $40 million over the January 2023 incident that took place at Richneck Elementary School in Newport News, Virginia.
Civil Trial Starts Involving Teacher Shot by 6-Year-Old Student
The plaintiff's complaint alleges that the school's assistant principal at the time of the incident, Ebony Parker, failed to act after he was informed several times that the student in question had a firearm on the day of the shooting. He also allegedly did not let anyone search the child despite repeated requests.
A reading specialist for Newport News Public Schools, Amy Kovac, was among the school staffers who testified on Tuesday. She and several others reported concerns that the six-year-old student, who is being referred to as JT during the trial, had a firearm, according to ABC News.
During the trial, Kovac testified that two students in Zwerner's class told her that JT had a gun inside his backpack. When she confronted the student, he refused to provide her with his bag, prompting her to report the issue to Parker.
She added that Zwerner texted her, saying she saw JT take something out of his backpack and put it in his pocket before recess. When Kovac searched the student's backpack, she said that, as she suspected, there was no gun.
On the other hand, Daniel Hogan of Hancock Daniel, who is representing Parker, said it was "fundamentally unfair" to judge a person's decision based on events that arose after the fact. He added that no one could have anticipated the incident or have seen it coming beforehand, Court House News reported.
Failure To Follow Protocol
During the trial, Hogan grilled Zwerner's witnesses to show the jury that all staff members who suspected the student was a threat failed to follow protocol. This includes removing the student from the class.
Zwerner's lawsuit initially listed three other defendants: two other school administrators and the Newport News School Board, which have since been dismissed. Now, Parker is being charged with eight counts of felony child abuse with disregard for life in connection with the shooting.
The plaintiff said that since the incident, she has undergone several surgeries and has been diagnosed with post-traumatic stress disorder, anxiety, and depression. She said she has nightmares as a result of the shooting, as per Finger Lakes Daily News.
