VA 6-Year-Old Accused Of Shooting Teacher Won't Face Charges: Report

NEWPORT NEWS, VA — The 6-year-old boy accused of shooting his teacher inside the classroom in Virginia will not face charges, the city's attorney, Howard Gwynn, told NBC News.

Gwynn told NBC News that a child that young "wouldn't have the competency to understand the legal system." He added that his office is focusing on others in the case and would charge anyone it believes committed a crime beyond a reasonable doubt.

"Our objective is not just to do something as quickly as possible," Gwynn told NBC News.

Police turned the case over to the prosecutor for review during the last week of February. When the case was turned over for review, Gwynn told The Associated Press his office received three binders of information. The files do not include body camera footage of dozens of police officers who responded to the shooting, which will also be reviewed.

Police have accused the 6-year-old boy of shooting teacher Abigail Zwerner inside a first-grade classroom at Richneck Elementary School on Jan. 6. Police said the boy took his mother's 9mm handgun to school, pulled it from his backpack and used it to shoot Zwerner.

Steve Drew, the Newport News police chief, has repeatedly characterized the shooting as "intentional," saying the boy aimed at Zwerner and fired one round, striking her in the hand and chest.

"I totally understand people would like to have a case open and shut — that's just not what we have here," Drew has 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.

However, his mother could be held accountable, according to Virginia state law.

RELATED: Newport News Shooting: Can 6-Year-Old's Mother Be Charged?

"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."

If convicted, the charge carries a maximum one-year prison sentence and a $2,500 fine.

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

The shooting rippled through Newport News, prompting the school to install metal detectors and the board to fire Superintendent George Parker III.

Zwerner was hospitalized for nearly two weeks and sent home to continue her recovery.

Her lawyer announced Jan. 25 that she planned to sue the school district. In the notice, Zwerner claimed that on the day of the shooting, concerned teachers and employees warned administrators three times that the boy had a gun and was threatening other students, but "the administration could not be bothered."

The Associated Press contributed to this story.

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