NEWPORT NEWS, Va. — The child neglect charges brought against Ebony Parker by the Newport News commonwealth's attorney following the 2023 shooting of Abby Zwerner by a 6-year-old student at Richneck Elementary have been dismissed by the judge.
Parker broke down in tears as the judge ruled on a defense motion to strike down the case. Judge Rebecca Robinson said the issues debated in the trial were "legal theories," and in order for them to amount to a crime, the Virginia General Assembly would need to essentially write new laws.
Watch: Ebony Parker breaks down in court after case is dismissed
"If [Parker's actions] are meant to amount to a crime, the legislature will need to codify it," Robinson said. "Therefore, I do grant the defense motion to strike in full on all counts, all eight counts of felony child abuse and endangerment."
Charging a school administrator in the aftermath of a school shooting without precedent, the judge added Thursday.
Reporters followed Parker outside the courthouse and asked if she felt vindicated by the judge's decision, but she continued walking without answering.
Attorneys for Parker said after the dismissal that she's relieved to move on from this chapter.
"It was a relief for her, a great relief for her," said Defense Attorney Stephen Teague. "We're just happy that we were a part of her journey."
Richneck Shooting
TIMELINE: The shooting of Abby Zwerner at Richneck Elementary & the aftermath
In the moments after the verdict, family for Abby Zwerner shared a statement with News 3:
"We are happy that this tragic event is behind Abby," the statement, sent by Karen Piere, Abby's aunt, reads. "As devastating as this shooting was, may it bring change to the education system in our country so that violent children are not placed in a general education classroom, and I hope that administrators are held accountable if this were to happen again for violent behavior."
The attorneys who represented Zwerner in her civil case against Parker and the Newport News School Division, Diane Toscano, Kevin Biniazan and Jeffrey Breit, issued a joint statement after the case dismissal Thursday.
"From the beginning, our focus has remained on obtaining justice in civil court for the preventable failures that led to Abby being shot. A Newport News jury has already spoken, returning a $10 million verdict in Abby’s favor," the statement reads. "Yet even today, the City of Newport News continues to resist accepting responsibility and delivering the justice that verdict represents.”
History
The case concludes a major lingering chapter in the saga that followed the shooting of former first-grade teacher Abby Zwerner by a 6-year-old student in her class on Jan. 6, 2023.
The bullet went through her hand and pierced her chest, nearly killing her and, according to testimony in the civil suit, permanently damaged her hand and shortened her expected lifespan.
In the weeks and months that followed, numerous officials within the Newport News school division were removed or reassigned, Zwerner's team filed a $40 million civil suit against the Newport News School Division alleging gross negligence.
Eventually, the defendants in that suit were removed and Parker, as the school administrator informed about the gun reports, was the sole member of the division who remained a defendant.
Deja Taylor, the mother of the 6-year-old shooter, was tried and convicted in 2023 of child neglect in allowing her son to access the gun he used to shoot Zwerner. She was convicted of an additional federal charge for lying on a gun purchase form about her marijuana use.
Watch: Reporters question Ebony Parker after case is dismissed
Parker was also hit with eight charges of felony child neglect — one for every bullet in the gun — which is an extremely rare charge for an administrator following a school shooting. Prosecutors accused her of gross, wanton and culpable negligence that put the children's lives in danger.
And although the civil trial found her to be grossly negligent in not preventing Zwerner's shooting, with the burden of proof higher, the judge said that the inaction of Parker did not constitute a crime.
