By Erik Ortiz -
NBC News
The Newport News (Virginia) prosecutor said Wednesday that he will not file charges against the 6-year-old boy who shot his teacher in January, but whether an adult could be legally responsible has yet to be decided.
In an interview with NBC News, Newport News prosecutor Howard Gwynn said that "the prospect of a 6-year-old facing prosecution is problematic," given that such a young child would not have the ability to understand the system. what the prosecution represents or help your attorney.
It's not unusual for a minor to be arrested, and theoretically
a 6-year-old can be indicted under Virginia law.
However, the prosecutor expanded that he does not believe there is a legal basis to charge the minor and that his office, after receiving the case in February from the Newport News Police, is focusing on other persons possibly responsible.
Teacher shot by 6-year-old student to sue school district alleging it ignored multiple alerts
Jan 25, 202300:31
"Our goal is not just to get something done as soon as possible," Gwynn said.
"Once we look at all the factors, we will charge the person or individuals who we believe, beyond a reasonable doubt, have committed a crime."
A potential lawsuit and a history of bad behavior
The injured teacher, Abigail Zwerner
, is expected
to file a lawsuit over the Jan. 6 incident at Richneck Elementary School in Newport News.
According to Zwerner's attorney, a first-grade teacher, the boy had behavior problems and a pattern of problematic behavior with members of the school staff and with other students.
A memo announcing the possible lawsuit said the boy was suspended for one day after breaking Zwerner's mobile phone.
The following day, the minor returned with a 9-millimeter pistol with which he shot the teacher in the classroom, while she was sitting at a reading table.
Zwerner, 25, was seriously injured in the hand and chest.
According to the police, the educator was able to escort about 20 students out of the classroom after the bullet impact.
She remained hospitalized for almost two weeks.
NewPort Police Chief Steve Drew believed the attack was intentional.
[The family of the boy who shot the teacher explains the facts]
After the incident, the boy's family stated that the weapon was "stored" in the house and that they have always had a "commitment to the responsible possession of weapons", which they keep "out of the reach of children".
The family also claimed that the minor has a severe disability and that, following a court order, he was receiving the treatment "he needs" in a temporary health care detention center.
