NEWPORT NEWS, Va. — The $40 million civil lawsuit against the Newport News School Division filed on behalf of Abby Zwerner, who was shot by her 6-year-old student in her Richneck Elementary classroom on Jan. 6, 2023, is set to go to trial on Oct. 27 — nearly three years after the shooting sent shockwaves through the country.
Previous coverage: Two years after Richneck Elementary shooting Abby Zwerner 'is not going to stop fighting'
On Thursday, a judge heard more than 20 motions from both legal teams ahead of the trial. Lawyers representing Zwerner and Ebony Parker, the assistant principal at the time of the shooting, went before a judge with blanket statements on what they believe should or should not be brought up during the civil trial.
Some of the motions included whether or not a child psychologist should be present during trial, which the judge approved.
The judge also heard arguments for and against allowing text messages between Zwerner and her boyfriend talking about their frustrations with school leaders — although her boyfriend called Parker an offensive name — and whether the school's code of conduct handbook for staff should hold any weight during trial.
Other motions were brought up, including debates over who qualifies as an expert witness, and which pieces of evidence can be admitted. But ultimately, the judge expressed repeatedly they will have to see how things play out in court because this case is so "unusual."
Previous coverage: Abby Zwerner reflects on year since she was shot by student at Richneck Elem.
On Jan. 6 when Zwerner was shot, the bullet passed through her hand, pierced her chest, and caused significant injuries, including a collapsed lung.
News 3's Kelsey Jones asked Zwerner's attorney if they are prepared for trial.
"Ultimately, the jury is going to decide what happens here, and we're excited to bring that case to light and allow them to make that decision," said Kevin Biniazan.
Richneck Shooting
TIMELINE: The shooting of Abby Zwerner at Richneck Elementary & the aftermath
Attorneys for Parker declined to speak with us after leaving court.
Following the civil suit, Parker will be back in court in November to face criminal charges — eight counts of felony child abuse.
