At Virginia school shooting trial, defense flips the script and blames teachers for inaction

By Eric Levenson, Brian Todd, CNN

(CNN) — Ebony Parker, the former assistant principal of a Virginia elementary school, took no action after hearing multiple warnings from teachers that a 6-year-old student may have a firearm, prosecutors said in opening statements of her criminal trial Tuesday.

“There was only one person in the school that day that had both the authority to act and the knowledge of the ongoing crisis, and that person you will see was Dr. Parker,” Assistant Commonwealth Attorney Josh Jenkins said.

Parker’s defense flipped the case on its head and accused the teachers – including one who was shot – of being the ones who failed to take proper action.

“If the commonwealth wants to accuse Dr. Parker, what about these other people that had direct contact with this child?” defense attorney Curtis Rogers said.

The defense’s opening salvo was then followed by sharp cross-examinations of two teachers, asking them to explain their actions if they truly believed there was a gun in class. At one point, the judge interrupted a tense back-and-forth to try to “lower the temperature.”

The dueling narratives marked the start of Parker’s trial on eight counts of felony child abuse and disregard for life – one for each bullet in the child’s gun.

The charges stem from the January 2023 shooting at Richneck Elementary in Newport News, Virginia, in which the 6-year-old boy, known as “JT,” brought a gun to school and shot Abby Zwerner, a first-grade teacher, in the chest and hand.

Zwerner survived and took the stand Tuesday as the prosecution’s first witness. The trial is expected to last about three days.

Parker’s criminal trial is one of a number of cases in recent years that have tested the limits of who is responsible when a juvenile carries out a school shooting. Parents in Michigan and Georgia have been convicted of serious charges, while law enforcement officers accused of inaction in Parkland and Uvalde have been acquitted by juries.

Parker appears to be the first school educator to face trial in such circumstances.

Prosecutors allege she committed “a willful act or omission in the care of such students, in a manner so gross, wanton and culpable as to show a reckless disregard for human life,” according to court documents.

She has pleaded not guilty to the charges. Each count is considered a class 6 felony punishable by up to five years in prison.

Last November, a civil jury awarded Zwerner $10 million in a lawsuit alleging Parker failed to act on concerns that the student had brought a gun to school. Parker has filed an appeal.

The boy had taken the unsecured gun from his mother’s purse and brought it to school in his backpack, officials have said.

His mother, Deja Taylor, pleaded guilty to a state charge of felony child neglect and was sentenced to two years in prison in 2023, as well as a 21-month sentence on related federal charges. She was released from state custody to community supervision on May 13, according to the Virginia Department of Corrections.

Prosecutors have said the boy, who has “extreme emotional issues,” will not be criminally charged.

Prosecutors begin their case with teacher’s testimony

The crux of the case revolves around two all-important questions: What did Parker know on January 6, 2023, and what did she do about it?

Per school policy, only administrators and school resource officers have the authority to search a child. There were no officers at the school that day, and the only other administrator – the school principal – did not know about the firearm concerns as they were happening, prosecutors said.

In opening statements, prosecutors alleged Parker was aware of the student’s ongoing disciplinary issues, including an attempt to choke his teacher, Susan White, the prior school year. In the hours before the shooting, multiple school staff members told Parker the child may have a gun, but Parker took no action and advised against searching the child’s person for a weapon, prosecutors said.

In contrast, Parker’s defense attorney countered that Zwerner, the teacher who was shot by the child, may have had suspicions of a firearm but did not act as if there was an imminent crisis or danger.

“She did not act as if there was a gun present,” Rogers said. “So if she thought there was a gun present, then her actions should have been to separate the child … from his classmates, or separate the classmates from (the child). She didn’t do that.”

Zwerner took the stand Tuesday and testified about the child’s actions in her class that day and her suspicions about him having a firearm.

The child JT had smashed her phone in class two days before the shooting, and the administration knew about that outburst, she said.

The boy returned on January 6, and she reported to Parker about his demeanor that day. “I told her the student seemed to be off that day and in a violent mood,” Zwerner testified.

She said she heard from the class reading specialist, Amy Kovac, that the child may have a firearm, and Kovac then went to report that concern to Parker. At recess, Zwerner noticed the child was wearing an oversized jacket and kept his hands in his pockets the entire time, she testified.

Afterward, the child returned to class and approached Zwerner.

“I saw the student looking at me. I looked over. A gun was pointed right at me. He was holding a gun, the student. It was pointed right at me. And then I was shot,” she said.

Her testimony was repeatedly interrupted by defense objections, arguing her statements were hearsay and not personal observations and so should not be allowed. Circuit Court Judge Rebecca Robinson agreed with some of those concerns, limiting Zwerner’s testimony.

Then, under cross-examination, the defense challenged Zwerner to defend her own lack of actions given her concern about the child having a firearm.

“You could have refused to let him go to recess? You could have removed him from the presence of his other classmates, is that correct?” Rogers asked.

“In hindsight, yes I could have,” Zwerner said.

Sharp questions of reading specialist

Kovac, the class reading specialist, testified she twice reported to Parker suspicions that the child had a firearm and got little response.

Two children who appeared “scared” told Kovac the student had a gun in his bag, she testified. Kovac said she went to Parker’s office to report that allegation.

She told Parker she would check the student’s bag, and Parker nodded in acknowledgment, Kovac testified. She returned to class and searched the boy’s bag but did not find a firearm.

Kovac said she learned from Zwerner that the boy was keeping his hands in his pockets, so she told Parker her belief that the firearm may be in the boy’s jacket pockets. Parker took no action, Kovac testified.

Later, Kovac heard a gunshot and thought it was the boy and his firearm.

“I walk into the room, Abby is to my left, blood is on her leg, so I know she was hit,” Kovac said through tears. “To my right, the children are running out and screaming, going across the hall to the open door. And he was standing right in front of me, arms crossed, legs spread and cocky.”

The gun was under a table nearby, Kovac said. She restrained the boy in a bear hug and called 911, she said. When police arrived, the boy became agitated and began cursing, and she admonished him about his language.

“I told him Mrs. Kovac doesn’t like that language, he turned, gave me the finger, and when I turned my head back, he punched me, my glasses went off, and I said that I was done and turned him over to the police,” Kovac testified.

Her cross-examination became tense as the defense pressed Kovac to acknowledge the weapon could have been a toy gun.

“A toy gun is not a threat of harm to the children, isn’t that correct?” Rogers asked.

“If there is a report (of a gun), it is required by the state that you report it,” Kovac said.a

“Do you understand my question?” Rogers interjected, speaking over her.

“I do understand your question,” she responded.

“Ok hold on, for everybody,” the judge said in a calming tone. “We’re going to lower the temperature in the room.”

The defense challenged Kovac whether she could have taken steps to keep the children safe by taking JT out of class.

“In retrospect, maybe, but I did what I did,” she said.

This story has been updated with additional information.

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