NewsRichneck Shooting

Actions

Court hearing set for Wednesday in Richneck lawsuit

Richneck Elem. shooting scene
Abby Zwerner
Richneck Elementary
Scene outside Richneck Elementary School in Newport News
Richneck Elementary shooting
Scene outside Richneck Elementary School in Newport News
Posted at 5:27 PM, Aug 08, 2023
and last updated 2024-04-12 09:32:22-04

NEWPORT NEWS, Va. — Attorneys are due to be back in court Wednesday to continue to discuss discovery in the Abby Zwerner lawsuit.

Zwerner is suing the school board for $40 million after she was shot inside her classroom in January.

Police say a 6-year-old student shot her.

On Monday, News 3 first reported on newly unsealed search warrants in the case, which detail vulgar things court documents say the student said after he shot Zwerner.

Scene outside Richneck Elementary School in Newport News

Richneck Shooting

Unsealed search warrants reveal new details on day teacher was shot at Richneck

Jay Greene
5:12 PM, Aug 07, 2023

The search warrant also explains how Zwerner said she told school administrators about multiple other disciplinary incidents involving the student.

Zwerner said the school protocol was to report incidents into a system called Synergy, an educational platform containing specific student records.

The court documents detail another incident where a retired teacher said the student choked her in 2021.

Investigators said they were only able to get limited school records about the student from Child Protective Services and this incident was not in the records.

The search warrant requested to search the student's file at Richneck Elementary.

In a statement, the school division said, "Since the tragedy at Richneck Elementary School in January, Newport News Public Schools has worked cooperatively with the Newport News Police Department and other authorities in support of the investigation. While the school division cannot comment on legal actions, NNPS remains committed to ensuring the well-being and care of all students and staff."

While more details continue to come out in the case, students in the city will head back to school later this month.

They'll now be required to have clear backpacks, which are being purchased by the school division.

The school division now says weapons detection systems are in all schools, including elementary schools.

Meanwhile on the civil side, attorneys Wednesday are expected to continue to discuss the discovery process, where both sides share evidence to build their cases.

The school board's attorneys are arguing the case should not be thrown out because they say Zwerner's injuries should be covered under Workers' Compensation and not damages in a lawsuit.

The judge is expected to take up the Workers' Compensation issue in the fall. Then, if the case does advance beyond that, it's currently scheduled to go to trial in January 2025.

Separately from that, the accused shooter's mother, Deja Taylor, is due in Newport NewsCircuit Court next week for a plea hearing on two charges, including felony child neglect.

Taylor is also due to be sentenced in federal court in October related to charges for lying on a gun purchasing form.

Stay with News 3 for updates.