Lawyer: Administrators were warned 3 times day boy shot teacher

NEWPORT NEWS, Va. — Concerned staff warned administrators at a Virginia elementary school three times that a 6year-old boy had a gun and was threatening other students in the hours before he shot and wounded a teacher, but the administration “was paralyzed by apathy” and didn't call police, remove the boy from class or lock down the school, the wounded teacher's lawyer said Wednesday.

Diane Toscano, an attorney for Abigail Zwerner, said during a news conference that she has notified the school board in Newport News that the 25-year-old teacher at Richneck Elementary School plans to sue the school district over the Jan. 6 shooting, which left Zwerner with serious injuries.

“On that day, over the course of a few hours, three different times — three times — school administration was warned by concerned teachers and employees that the boy had a gun on him at the school and was threatening people. But the administration could not be bothered,” Toscano said.

She said that Zwerner first went to an administrator around 11:15 a.m. on the day of the shooting and said the boy had threatened to beat up another child, but no action was taken.

About an hour later, another teacher went to an administrator and said she had taken it upon herself to search the boy's book bag, but warned that she thought the boy had put the gun in his pocket before going outside for recess, Toscano said.

“The administrator downplayed the report from the teacher and the possibility of a gun, saying — and I quote — ‘Well, he has little pockets,' " Toscano said.

Shortly after 1 p.m., another teacher told an administrator that a different student who was “crying and fearful” said the boy showed him the gun during recess and threatened to shoot him if he told anyone. Again, no action was taken, she said.

When another employee who had heard the boy might have a gun asked an administrator to search the boy, he was turned down, Toscano said.

About an hour later, “Abby Zwerner was shot in front of those horrified kids, and the school and community are living the nightmare, all because the school administration failed to act,” Toscano said.

School district spokesperson Michelle Price and School Board Chair Lisa Surles-Law did not immediately return calls seeking comment on Toscano's allegations.