NEWPORT NEWS, Va. — A judge on Thursday threw out the criminal case against Ebony Parker, the former assistant principal of Richneck Elementary School, ending a trial that sought to hold her accountable for failing to stop a 6-year-old student from bringing a loaded gun to school and shooting his teacher.
Judge Rebecca Robinson dismissed eight counts of felony child neglect—one for each bullet in the firearm—after three days of prosecution testimony. She called the case a “mashup of legal theory” and said the evidence did not show Parker violated any Virginia law.
The decision closes a chapter in a case that has drawn national attention to school safety, administrative responsibility, and the legal limits of holding educators criminally liable for student actions. Parker was accused of ignoring multiple warnings from staff that the child had a gun in his backpack on January 6, 2023. Instead of searching the boy or calling police, she allegedly told employees the child’s mother would pick him up soon.
Special prosecutor Josh Jenkins argued to the jury that Parker “didn’t even get up from her desk. She didn’t leave her office. Warning after warning after warning, she did nothing.” But the judge ruled that no specific law required Parker to take the actions Jenkins described.
Parker’s defense attorney, Curtis Rogers, countered that teachers and other staff—who also had authority to act—should have separated the child from classmates if they believed he had a gun. “Each one of those individuals had the authority to move those classmates,” Rogers said.
Parker was visibly emotional after the ruling and was comforted by her legal team. She left the courthouse without comment.
The shooting left first-grade teacher Abby Zwerner seriously wounded. The bullet passed through her hand and lodged in her chest, narrowly missing her heart. She spent nearly two weeks in the hospital, underwent six surgeries, and still lacks full use of her left hand. In a civil trial last November, a jury awarded her $10 million.
Zwerner testified during the criminal trial this week, describing the student as in a “violent” mood on the day of the shooting and noting he had slammed her phone to the ground days earlier. Her attorneys released a statement Thursday saying the dismissal removes a legal obstacle Newport News had used to deny insurance coverage in the civil case. “This was always the Commonwealth’s criminal case—not Abby’s civil case,” they said.
Parents of students in Zwerner’s classroom also testified about lasting trauma, including anxiety, bedwetting, and school avoidance. One mother said her daughter is now frightened by loud noises like door slams and doorbells.
The case has drawn comparisons to other legal battles over school safety and administrative liability. In a separate development, the Supreme Court recently revived a $440 million judgment against cruise lines for using a Havana dock, highlighting how courts often grapple with questions of institutional responsibility. Meanwhile, a federal judge blocked a Georgia panel from pursuing misconduct claims against Supreme Court candidates, underscoring the judiciary’s role in shaping accountability standards.
The Associated Press contributed to this report.
