The 6-year-old boy accused of shooting his Virginia teacher Friday with a gun he took from his home is unlikely to be charged, but his parents could be criminally guilty depending on how the firearm was stored, experts say .
Legal experts said that while it is theoretically possible under Virginia law to criminally charge a 6-year-old child, there are numerous obstacles to doing so and it is highly unlikely that any prosecutor would attempt it.
Virginia law does not allow 6-year-olds to be tried as adults.
Also, a 6-year-old is too young to be taken into the custody of the Department of Juvenile Justice if convicted. Additionally, a common law doctrine known as the “childhood defense” holds that children under the age of 7 cannot be prosecuted for a crime because they are so young that they are incapable of forming criminal intent.
Newport News Police Chief Steve Drew answers questions about a teacher who was shot by a 6-year-old gunman at Richneck Elementary School during a news conference at the Newport News Public Schools Administration Building in Newport News, Virginia, on Monday, January 2, 2019. 9, 2023.
(Billy Schuerman/The Virginian-Pilot via AP)
A judge would also have to find that the boy was competent to stand trial, meaning he could understand the legal proceedings against him and help in his own defense, said Andrew Block, a professor and director of the University of California Law School. Virginia. of the Virginia Department of Juvenile Justice from 2014 to 2019, he told the Associated Press.
“It’s virtually impossible to imagine a 6-year-old being found competent to stand trial,” Block said.
VIRGINIA TEACHER SHOT BY IDENTIFIED 6-YEAR-OLD, PARENTS DEMAND ACTION
Julie E. McConnell, a University of Richmond law professor who has worked on juvenile justice cases for more than 25 years, said prosecutors can file what is known as a “Child in Need of Services” petition in cases where where the behavior or condition presents or results in a serious threat to the welfare and physical safety of the child.
A judge would then have a variety of options, including: ordering services such as counseling or anger management; allow the child to remain with her parents, subject to conditions; order parents to participate in programs or cooperate in treatment; or transfer custody of the child to a relative, a child welfare agency, or a local social service agency.
The student’s mother legally purchased the 9mm pistol used in the shooting and kept it at the family home, Newport News Police Chief Steve Drew revealed Monday at a news conference.
Newport News Superintendent George Parker answers questions about a teacher who was shot by a 6-year-old gunman at Richneck Elementary School during a news conference at the Newport News Public Schools Administration Building in Newport News, Virginia, on Monday, January 9. 2023.
(Billy Schuerman/The Virginian-Pilot via AP)
Newport News Police Chief Steve Drew, right, and Newport News Superintendent George Parker answer questions about a teacher who was shot by a 6-year-old gunman at Richneck Elementary School during a conference Press at the Newport News Public Schools Administration Building in Newport News. , Virginia, on Monday, January 9, 2023.
(Billy Schuerman/The Virginian-Pilot via AP)
Newport News Mayor Phillip Jones addresses the media during a press conference at the Newport News School Administration Building in Newport News, Virginia on Monday, January 9, 2023.
(AP Photo/John C. Clark)
Virginia does not have laws that require unattended firearms to be stored in a certain way. The state also does not require that a lockout device accompany the sale of a firearm, and no state law requires firearm owners to affirmatively lock their guns.
However, Virginia does have a misdemeanor law intended to protect children under the age of 14 from access to firearms.
According to Virginia Law 18.2-56.2, “any person who recklessly leaves a loaded and unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen” is guilty of a misdemeanor Class 1 Misdemeanor. Under state law, the punishment for a Class 1 misdemeanor includes up to twelve months in jail and/or a fine of up to $2,500.
The Newport News Police Department revealed at a news conference that the boy’s mother has been interviewed by police, but it is unclear if she could face any charges.
VIRGINIA’S MOTHER DETAILS THE MOMENTS ALLEGEDLY LEADING UP TO THE 6-YEAR-OLD SHOOTING TEACHER
Police also shared that the boy has been detained at a medical facility since an emergency custody order and a temporary detention order were issued on Friday. Newport News Police Chief Drew added that it will be up to a judge to determine what the next steps are for the boy.
On Monday, the Newport News Police Department and city officials held the first detailed joint press conference outlining the events leading up to and following the incident in which the first-grader shot his teacher.
Drew shared that he wanted to clarify comments he made right after the shooting on Friday, when he said there was an “altercation” before the shooting. He said it was more like an “interaction” between the boy and his first-grade teacher at Richneck Elementary School, 25-year-old Abby Zwerner.
“What we know today is that she was giving instructions. She displayed a firearm, pointed it, and fired one round,” Drew said, revealing that there was no fight, physical struggle or advance warning.
Zwerner raised his hand in a defensive position as he fired the gun, and the bullet went through his hand and into his upper chest, Drew said. Although his injuries were initially considered life-threatening, he has improved and is currently in stable condition at a hospital.
Willow Crawford, left, and her older sister Ava, right, join their friend Kaylynn Vestre, center, in expressing their support for Richneck Elementary School first-grade teacher Abby Zwerner during a vigil with candles in his honor at the School Administration Building in Newport News. Virginia, Monday, January 9, 2023.
(AP Photo/John C. Clark)
Abby Zwerner was shot in the abdomen Friday by a 6-year-old student who had brought a gun to school.
(Facebook/Abby Zwerner)
Messages of support for teacher Abby Zwerner, who was shot by a 6-year-old student, adorn the front door of Richneck Elementary School in Newport News, Virginia, on Monday, January 9, 2023.
(AP Photo/John C. Clark)
Drew praised Zwerner as a hero for quickly leading his students out of the classroom after he was shot. He said surveillance video shows that she was the last person to leave her classroom.
“He turned right and started walking down the hall, and then he stopped…He turned around and made sure all those students were safe,” Drew said.
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Drew said a school employee ran into the classroom and physically restrained the boy after hearing the shot. He said the boy became “a little combative” and hit the clerk.
Police officers arrived and escorted him out of the building and into a police car.
Associated Press contributed to this report.
