NEWPORT NEWS, Va. — The criminal case against former Richneck Elementary assistant principal Ebony Parker was dismissed Thursday in a Newport News courtroom.
Parker broke down in tears, WTKR reported, as the judge ruled on a defense motion to strike down the case.
The judge continued that some of the issues debated during the trial were "legal theories," and in order for them to amount to a crime, the Virginia General Assembly would need to essentially write new laws.
Parker had no comment for reporters who approached her outside the courthouse.
Parker was charged with eight counts of felony child neglect following the January 2023 classroom shooting that wounded first grade teacher Abby Zwerner.
Zwerner's aunt Karen Piere told CBS 6 they were happy the trial is over.
"As devastating as this shooting was, may it bring change to the education system in our country so that violent children are not placed in a general education classroom, and I hope that administrators are held accountable if this were to happen again for violent behavior," Piere said.
Case Details and Courtroom Drama
Prior to the shooting, several school employees told Parker they believed the child had a gun in his backpack, only to be told by Parker that the child’s mother would be arriving soon to pick him up for the day, special prosecutor Josh Jenkins said during the case.
Parker’s attorney, Curtis Rogers, argued teachers should have done something if they believed a gun was present, saying they should have at least separated the child from about 19 other students in the classroom.
Rogers said the prosecution must prove Parker’s actions showed a reckless disregard for human life in order to convict. Instead, Rogers placed the blame on Zwerner and others who had witnessed the child’s movements long before the shooting.
“What about these other people who had direct contact with this child?” Rogers said.
School policy at the time required crisis situations to be reported to an administrator who is required to take action, Jenkins said.
A school counselor even asked for permission to search the child but Parker denied the request because searches could only be conducted by an administrator or a security officer.
The school’s security officer was away at another school at the time.
That left Parker and the school’s principal with the authority to act, but the principal knew nothing about the threat because Parker did not tell her about it, Jenkins said.
“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,” Jenkins said.
Zwerner was the first witness called to testify in the trial.
She said the student had slammed her phone to the ground a few days earlier and was in a “violent” mood the day of the shooting.
During recess on the school playground, the student wore an oversized jacket with both of his hands in his pockets the entire time.
Zwerner said she sent a text message with that observation to a reading specialist who had been tipped off earlier by students about the gun and reported it to Parker.
After recess, the student continued to wear the jacket in the classroom, where Zwerner was shot at a reading table.
Zwerner spent nearly two weeks in the hospital, required six surgeries and does not have the full use of her left hand. A bullet narrowly missed her heart and remains in her chest.
A jury awarded $10 million to Zwerner in a civil trial last November in which Parker, who no longer works at the school, was the only defendant.
The student’s mother was sentenced to nearly four years in prison for felony child neglect and federal weapons charges.
This is a developing story. Email the CBS 6 Newsroom if you have additional information to share.
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