NEWPORT NEWS, VA - JAN 30: Officers on site as students begin to arrive for their first day back at Richneck Elementary School in Newport News, Va., on Monday, January 30, 2023. The school has been closed following an incident earlier this month involving a 6-year-old bringing a gun to school and shooting his teacher. (Photo by Kristen Zeis for The Washington Post via Getty Images)
Richmond, Va – The 6-year-old responsible for the Richneck Elementary School shooting in January will not face charges, as stated by the case’s prosecutor. However, it remains unannounced if any adults — such as the child’s mother and owner of the 9mm handgun used in the shooting — will be charged.
The prosecution stated that the expectation for a six-year-old to possess the cognitive maturity to understand the trial process and legal system in such a case is unreasonable, even though the shooting was described repeatedly as intentional. Additionally, the prosecution claimed that expecting the child to understand the nature of the charges brought against him would be “problematic.”
Although the shooter won’t be brought to trial, criminal charges still may be brought against adults, including the child’s mother and administrators at the school.
Prior to the shooting, Abigail Zwerner, the teacher who was seriously injured, repeatedly reported concerns to school officials regarding the child’s behavior. Furthermore, on the day of the shooting, administrators received multiple alerts of the child’s gun possession on school grounds. After receiving concerns from school employees, including requests to search the student’s backpack, officials instructed them to wait until the end of the school day to conduct a search.
An attorney on behalf of Zwerner stated intentions to file a lawsuit against the school administration.
Critical details surrounding the shooting, such as the gun’s security at home, remain unannounced. The only details known thus far are that no charges will be filed against the child, as legal experts seem wary about the precedent of charging someone that young, even though such action isn’t prohibited according to Virginia State Law.
Howard Gwynn, Newport News Commonwealth’s Attorney, stated: “We do not believe the law supports charging and convicting a 6-year-old with aggravated assault.”
Understanding Infancy Defense
In this case, legal experts cite the “infancy defense” doctrine that states citizens under seven cannot be prosecuted, as they are too young to establish criminal intent and adequately assist defense attorneys.
In the case of the Richneck Elementary School shooting, much information remains in review. Only then can legal experts begin issuing charges to those responsible.
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