Can 6-Year-Old's Mother Be Charged In Newport News School Shooting?

NEWPORT NEWS, VA — Last week, a 6-year-old boy took his mother's 9mm handgun to school, pulled it from his backpack and used it to intentionally shoot his first-grade teacher, authorities said.

Police don't know how the child found the gun or learned to fire it. Given his age, Virginia courts are working to determine what steps should be taken and whether the boy could be held accountable. Regardless, it's unlikely he'll face charges, legal experts say.

But what about his mother? She could face charges, Newport News police Chief Steve Drew told CNN on Tuesday.

"I think that is certainly a possibility," Drew told "CNN This Morning."

• RELATED: 6-Year-Old Used Mom's Gun To Shoot Teacher: VA Police Chief

According to police, the boy is accused of intentionally shooting 25-year-old Abigail Zwerner inside a classroom at Richneck Elementary School in Newport News on Friday. The shooting was isolated and the student and teacher knew each other in a classroom setting, according to authorities.

"This shooting was not accidental, it was intentional," Drew told reporters Monday. "I believe Ms. Zwerner, Abigail, saved lives that day."

After she was shot, Zwerner made sure the other students were safely out of the room, the police chief said. There was no fight. The firearm was displayed by the boy, police said, who fired one round at the teacher.

There was more than one bullet in the gun, Drew said.

Virginia law does not allow 6-year-olds to be tried as adults. In addition, a 6-year-old is too young to be committed to the custody of the Department of Juvenile Justice if found guilty.

But could his mother be held accountable? Yes, according to Virginia state law.

"It shall be unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen," Virginia law states. "Any person violating the provisions of this subsection shall be guilty of a Class 1 misdemeanor."

It is also illegal for any person to allow a child under the age of 12 to use a firearm except when the child is under the supervision of an adult.

Still, Virginia law does not require unattended firearms to be stored in a certain way and it also does not require a locking device to accompany the sale of a firearm, according to the Giffords Law Center To Prevent Gun Violence.

While state law is designed to protect children from harm rather than prevent children from using firearms for violence, authorities may try to apply it in this case, Robert Leider, a law professor at George Mason University, told BBC.

The state "may argue that it was the parents' actions that directly led to the teacher's shooting, and that the child was too young to attribute any independent wrongdoing to him," Leider said.

There is little precedent when it comes to young children accused in shootings. Since 1970, 18 school shootings were carried out by children under 9, according to the K-12 School Shooting Database.

However, several Virginia adults have faced charges after children fired an unsecured gun.

In February, a mother was charged with child neglect after her 10-year-old was found alone in a Virginia Beach hotel room with a self-inflicted gunshot wound to the leg, police told The Associated Press. The same month, a Newport News police officer was charged four months after a toddler accidentally shot and killed himself with his father’s handgun, WAVY reported.

After Friday's shooting, a judge issued an emergency custody order and the boy was taken to a local hospital for treatment. State law requires that after 96 hours the boy must go before a judge, and the court will determine treatment or next steps for the child.

In the end, it will be up to Newport News police and the Commonwealth’s Attorney’s Office to determine who will be held responsible.

"We have been in contact with our commonwealth’s attorney and some other entities to help us best get services to this young man," Drew said.