NEWPORT NEWS, Va. — Parents of students who were in the classroom when teacher Abby Zwerner was shot by a first-grade student are expected to testify at the criminal neglect trial for Ebony Parker on Wednesday.
The third day of Parker’s trial is 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 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.
14 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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