{"id":49535,"date":"2025-11-06T02:54:00","date_gmt":"2025-11-06T08:54:00","guid":{"rendered":"https:\/\/ustower.net\/?p=49535"},"modified":"2025-11-06T03:35:06","modified_gmt":"2025-11-06T09:35:06","slug":"closing-arguments-delivered-in-civil-trial-for-teacher-shot-by-6-year-old-student","status":"publish","type":"post","link":"https:\/\/ustower.net\/?p=49535","title":{"rendered":"Closing arguments delivered in civil trial for teacher shot by 6-year-old student"},"content":{"rendered":"\n<p class=\"has-medium-font-size wp-block-paragraph\">A Virginia jury heard closing arguments Wednesday in&nbsp;<a href=\"https:\/\/abcnews.go.com\/US\/civil-trial-begins-40-million-lawsuit-6-year\/story?id=126904579\" target=\"_blank\" rel=\"noreferrer noopener\">a $40 million civil case<\/a>&nbsp;in which they will decide whether an assistant principal acted with gross negligence when a then-6-year-old student shot his first grade teacher.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">The teacher, Abby Zwerner,&nbsp;<a href=\"https:\/\/abcnews.go.com\/US\/6-year-shot-teacher-history-violent-behavior-school\/story?id=97001653\" target=\"_blank\" rel=\"noreferrer noopener\">was shot in January 2023<\/a>&nbsp;in her classroom at Richneck Elementary School in Newport News, Virginia. Her complaint alleged the school&#8217;s assistant principal at the time, Ebony Parker, failed to act after being informed multiple times that her student had a firearm on the day of the incident and did not let staff search him prior to the shooting.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">The bullet went through Zwerner&#8217;s left hand and then into her chest, where it remains. She was initially hospitalized with life-threatening injuries, police said.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">The civil complaint alleged Parker acted with gross negligence and in &#8220;reckless disregard&#8221; for Zwerner&#8217;s safety and claimed Zwerner continues to suffer pain and emotional distress over the shooting.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">&#8220;Those choices that she made to treat Jan. 6, 2023, like any other day, even though a gun should change everything, is why we&#8217;re here,&#8221; Zwerner&#8217;s attorney, Kevin Biniazan, said during closing arguments on Wednesday.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Biniazan argued there were multiple opportunities for Parker to investigate and take immediate action after several school workers &#8220;sounded the alarm&#8221; about a possible gun in the school. One, a reading specialist, testified during the trial she reported to Parker that two students told her the 6-year-old boy, referred to as JT during the trial, had a gun in his backpack.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">When she later searched JT&#8217;s backpack during recess, it wasn&#8217;t there, but she said Zwerner told her she had seen him remove something from his backpack beforehand and put it in his pocket.<a href=\"https:\/\/abcnews.go.com\/US\/teacher-suing-40-million-after-shot-6-year\/story?id=127022242\"><\/a><\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Another teacher testified a student told her in tears he saw JT with a gun and bullet during recess and JT said he would hurt everyone if the student told anyone. The teacher said she reported this to the front office, and a music teacher who answered the phone testified that he relayed this to Parker.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">A guidance counselor testified that, when he asked about searching JT for a gun, Parker said to wait for the student&#8217;s mom to come pick him up from school. Before that happened, the student took the gun out of his pocket and shot Zwerner, he said.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Biniazan said the defense will attempt to play the &#8220;blame game&#8221; and point the finger at others on staff, but each of them had a &#8220;piece of the puzzle&#8221; while Parker &#8220;had the entire puzzle.&#8221;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">&#8220;A gun changes everything. You stop and you investigate,&#8221; he said. &#8220;You get to the bottom of it to know whether that gun is real and on campus so you can deal with it. But that&#8217;s not what happened.&#8221;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">During the defense&#8217;s closing arguments, an attorney for Parker said the case is about &#8220;real-time judgments, not hindsight judgments,&#8221; and the low likelihood that a 6-year-old boy would have a firearm that day and shoot his teacher.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">&#8220;It was a tragedy that, until that day, was unprecedented, it was unthinkable and it was unforeseeable, and I ask that you please not compound that tragedy by blaming Dr. Parker for it,&#8221; the defense attorney, Sandra Douglas, said.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Douglas dissected the testimony from the school staffers and their actions the day of the shooting and how information was conveyed to the administrator. She also referenced testimony from a school safety expert who testified that she determined Parker didn&#8217;t violate any protocols on the day of the shooting.<a href=\"https:\/\/abcnews.go.com\/US\/civil-trial-begins-40-million-lawsuit-6-year\/story?id=126904579\"><\/a><\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Biniazan addressed the damages being sought in the lawsuit during his closing arguments. He asked the jury to return a verdict of $40 million, saying Zwerner &#8220;will never be the same.&#8221;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">&#8220;Somebody might say that&#8217;s a lot of money. It is a lot of money, I agree, but do you think, for a moment, she would trade it for what she&#8217;s endured?&#8221; he said.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Douglas maintained during her closing that Parker did not breach a duty of care and was not grossly negligent. She also questioned testimony in court, such as that Zwerner had become &#8220;reclusive&#8221; and has difficulty opening a bag of potato chips, citing examples of the plaintiff attending concerts and becoming a licensed cosmetologist in the wake of the shooting.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">&#8220;I&#8217;m not minimizing what happened to Ms. Zwerner. I&#8217;m not doing that. I&#8217;m doing my job,&#8221; Douglas said. &#8220;I have to bring the truth and the whole story.&#8221;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Following the closing arguments, the judge instructed the jury to begin deliberations once they had received all instructions and materials.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">The defense then moved for a mistrial over remarks by the plaintiff&#8217;s attorney during the rebuttal closing argument, when Biniazan noted Parker didn&#8217;t take the stand during the trial. The defense said it was a &#8220;cheap shot&#8221; and argued it was a &#8220;classic burden shift.&#8221; The judge denied the mistrial and the court is now in recess until the jury has a verdict.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Zwerner&nbsp;<a href=\"https:\/\/abcnews.go.com\/US\/teacher-suing-40-million-after-shot-6-year\/story?id=127022242\" target=\"_blank\" rel=\"noreferrer noopener\">testified during the trial<\/a>, which began in late October, recounting the moment she was shot.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">&#8220;I thought I had died,&#8221; she recalled on the stand. &#8220;I thought I was either on my way to heaven or in heaven. But then it all got black and so I then thought I wasn&#8217;t going there.&#8221;<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">&#8220;My next memory is, I see two co-workers around me, and I process that I&#8217;m hurt, and they&#8217;re putting pressure on where I&#8217;m hurt,&#8221; she continued.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Three other defendants initially listed in Zwerner&#8217;s complaint &#8212; two school administrators and the Newport News School Board &#8212; were dismissed from the lawsuit ahead of the civil trial.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Zwerner and Parker both resigned following the shooting. Zwerner said she has since completed a cosmetology program but has not yet started working as her hand heals following her most recent surgery.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">Parker&nbsp;<a href=\"https:\/\/abcnews.go.com\/US\/US\/virginia-assistant-principal-charged-year-after-6-year\/story?id=109084407\" target=\"_blank\" rel=\"noreferrer noopener\">has also been charged<\/a>&nbsp;with eight counts of felony child abuse with disregard for life in connection with the shooting &#8212; one count for each bullet that was in the gun, according to the Newport News Commonwealth&#8217;s Attorney&#8217;s Office. A trial on the criminal charges is scheduled to start this month.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\">The student brought the gun from home, police said. His mother, Deja Taylor, was&nbsp;<a href=\"https:\/\/abcnews.go.com\/US\/deja-taylor-newport-news-sentenced\/story?id=105691145\" target=\"_blank\" rel=\"noreferrer noopener\">sentenced to two years<\/a>&nbsp;in state prison for child neglect in connection with the shooting, which she is currently serving. Taylor was also&nbsp;<a href=\"https:\/\/abcnews.go.com\/US\/mom-newport-news-teacher-shooting-sentenced\/story?id=104925730\" target=\"_blank\" rel=\"noreferrer noopener\">sentenced to 21 months<\/a>&nbsp;in prison on federal firearm and drug charges, which she has since served.<\/p>\n\n\n\n<p class=\"has-medium-font-size wp-block-paragraph\"><a href=\"https:\/\/abcnews.go.com\/US\/closing-arguments-civil-trial-abby-zwerner-teacher-shot\/story?id=127136841\">abcnews<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A Virginia jury heard closing arguments Wednesday in&nbsp;a $40 million civil case&nbsp;in which they will decide whether an assistant principal acted with gross negligence when a then-6-year-old student shot his first grade teacher. The teacher, Abby Zwerner,&nbsp;was shot in January 2023&nbsp;in her classroom at Richneck Elementary School in Newport News, Virginia. Her complaint alleged the [&hellip;]<\/p>\n","protected":false},"author":7,"featured_media":49536,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1154],"tags":[21799,1528,1529],"class_list":["post-49535","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-trending","tag-closing","tag-shot","tag-teacher"],"_links":{"self":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/49535","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=49535"}],"version-history":[{"count":1,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/49535\/revisions"}],"predecessor-version":[{"id":49537,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/49535\/revisions\/49537"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/media\/49536"}],"wp:attachment":[{"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49535"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49535"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49535"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}