NEWPORT NEWS, Va. — Parents of students who were in the classroom when teacher Abby Zwerner was shot by a first-grade student testified at the criminal neglect trial for Ebony Parker on Wednesday before the prosecution rested their case.
The third day of Parker’s trial went underway, following opening statements and testimonies from Zwerner, teachers, and the former Richneck Elementary principal on Tuesday.
Parker was the assistant principal at Richneck Elementary when a 6-year-old student shot his teacher, Zwerner, back in 2023. Parker faces eight felony counts of child neglect, one for each bullet in the gun the student used to shoot Zwerner in January 2023. Prosecutors allege Parker failed to take action before the shooting occurred.
Watch Live: Day 3 of the Ebony Parker Richneck Shooting Trial
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Day 3 recap
The third day of testimony began with some questions from jurors that led the defense team to request a mistrial.
In an unusual moment, the prosecution said they did not disagree with the request, but after a brief deliberation, the judge denied the motion and said the case will proceed.
First on the stand was the NNPS human resources director Nina Farrish, who conducted a Zoom interview with Parker three days after the shooting to get her accounting.
That video was played in the courtroom for the jury to observe.
In it, Parker recounts what she was told and when in the events leading up to the shooting.
Farrish first asks about whether Parker knew about reports the student had a gun in his backpack, and says that after the reading specialist who had reported to her about the possible gun had searched the backpack, no gun was found.
Parker says she continued to stay in her office due to ongoing testing that day. She recommended that the student's mother come pick him up early if he was being unusually disruptive.
Ultimately, Parker, becoming emotional at times, says in the Jan. 9, 2023 interview that Zwerner nor other reported fearing for their safety or childrens' safety due to the student.
The interview may be the only time we hear directly from Parker, who did not testify in the civil trial and is not expected to testify in the criminal trial.
Richneck parent testimony
A parent of a Richneck student who was in second grade at the time of the shooting — not in Zwerner's class — testified to the emotional damage the shooting caused his young son. The father said that his son was pushed into a dark room with other students to hide out when the school went on lockdown, causing him to be afraid of dark places, and now requires therapy to process the incident.
Megan Deleon, another parent whose daughter was in Zwerner's class, described how her child loved her teacher and couldn't understand why someone would want to hurt her.
The mother said her daughter began to act differently the evening of the shooting.
"She jumped at the sound of a doorbell, slamming of the door scares her," the mother said, adding that her daughter doesn't like to talk about the incident. She said her daughter has depression and anxiety.
A third parent named Ramon Gonazalez-Hernandez testified that his son appeared "like he had seen a ghost" when he walked out of the school following the shooting. His son, he says, was snappier and more aggressive following the incident, and was wetting the bed every night in the aftermath.
The parents who testified Wednesday all said they are pursuing civil action against Parker for the shooting.
Following testimony, the prosecution announced they rested their case.
Day 2 recap
Opening statements began day 2 of Parker's trial, where the prosecutors and defense laid out their key points for the case.
The prosecution began by laying out the commonwealth's case against the former Richneck assistant principal, raising many points in a timeline of events about warnings they say Parker had about the child with a firearm. They say the student, JT, was in a "violent mood," there were direct reports of a gun and it might have been in his backpack or pocket at different times, and that Parker refused to allow staff to search the child.
The prosecution continued that Parker, as the assistant principal, was one of two people authorized under school policy to take emergency action, and was the only administrator who both knew about the situation and could have intervened. Prosecutors argued that the 19 students in Zwerner’s classroom were all put at risk due to the gun — all of whom, they argued, Parker failed to protect.
The defense, speaking for only about four minutes, but argued generally that the prosecution is unfairly pinning the blame of Zwerner's shooting and the risk to the children solely on Parker.
Because Zwerner and reading specialist Amy Kovac were aware of the report of the gun, they also had ample opportunity to remove him from the class to protect the other students. They continued that the "actions and inactions" of Zwerner, Kovac, and others did not reflect the gravity of their stated belief.
The defense concluded by reminding the jury that Parker is innocent until proven guilty, and their verdict must express proof beyond a reasonable doubt that her conduct was "gross, wanton and culpable" that it was criminal.
Zwerner takes the stand
The prosecution asked Abby Zwerner to recall the day of the shooting. She said she heard that the student was telling other students he had a gun. Zwerner told Kovac that she heard the student, referred to as JT, had a gun.
Zwerner was also asked if she reported issues she had to assistant principal Ebony Parker. She said yes, and testified that she told Ebony Parker that she heard JT had a gun. She says about 20 student were leaving the room when JT shot her. She then went to the front office.
The defense peppered Zwerner with questions about her role in preventing the shooting and putting children in harm's way, but she eventually pushed back when the defense asserted that she did not take action to keep her students safe.
Former principal testifies
Early in the afternoon, former Richneck principal Briana Foster-Newton took to stand to testify about what she knew on the day of the shooting and when. Notably, she stated that she was not aware of reports that the student had a gun until the shooting occurred around 2 p.m.
Foster-Newton was, however, aware of the student's behavioral issues, which required significant accommodations to keep him in the classroom, along with progress monitoring meetings with teachers, his parents, and administrators.
In cross examination from Parker's defense, Foster-Newton said that there was no policy barring faculty from bringing a concern to her if they were unsatisfied with a response from Parker. She testified she agreed that more actions should have been taken to separate the students from the class before the shooting, and that the student could have been sent to the office.
Day 1 recap
On Monday, Parker pleaded not guilty to all charges.
Attorneys for Parker began by asking for a continuance to review new body camera video that they recently became aware of, but the judge denied the motion.
Fourteen jurors were selected out of a pool of 84 prospective jurors. Two will serve as alternates.
Background
Last fall, a jury found Parker liable for gross negligence in a civil trial and awarded Zwerner $10 million. Now Parker will face a jury again, this time in her criminal case.
Parker did not testify in her civil trial and is not required to testify in the criminal case. Zwerner did testify in the civil trial, describing the moments after the shooting.
"I thought I had died I thought I was either on my way to heaven or in heaven," Zwerner said.
Watch: True Crime 757 podcast previews the Ebony Parker trial
Separately, the boy's mother pleaded guilty in connection with how the child was able to access the gun and is currently serving her prison sentence.
The trial is slated to last four days but could run longer if needed.
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