A Virginia judge has dismissed all criminal charges against former elementary school assistant principal Ebony Parker in connection with the 2023 shooting of a first-grade teacher by a 6-year-old student at Richneck Elementary School.
The ruling came Thursday after prosecutors completed their case against Parker, who had been accused of failing to act on warnings that the child may have brought a gun to school before the shooting occurred.
Circuit Court Judge Rebecca Robinson dismissed the charges with prejudice, meaning the case cannot be tried again.
“The court is of the legal opinion that this is not a crime,” Robinson said from the bench.
The decision ends a closely watched criminal case that raised broader questions about school accountability, staff responsibilities, and legal liability when children commit acts of violence at school.
Case
The charges stemmed from the Jan. 6, 2023, shooting at Richneck Elementary School in Newport News, Virginia.
Authorities said a 6-year-old boy brought an unsecured handgun to school inside his backpack after taking it from his mother’s purse at home. During class, the child shot and seriously wounded his teacher, Abby Zwerner.
The shooting drew national attention because of the student’s age and because school employees had reportedly raised concerns before the incident occurred.
Parker was later charged with eight felony counts of child abuse and disregard for human life. Prosecutors tied each count to one bullet inside the firearm.
Charges Filed Against Ebony Parker
| Charge | Details |
|---|---|
| Felony Child Abuse | Eight separate counts |
| Reckless Disregard | Alleged failure to act |
| Potential Sentence | Up to five years per charge |
| Case Outcome | Charges dismissed |
Prosecutors argued Parker acted with “reckless disregard for human life” by not taking stronger action after receiving warnings that the student might have had a weapon.
Trial
The criminal trial lasted only a few days before the judge dismissed the case.
During opening statements, prosecutors argued Parker was the only administrator with both the authority and knowledge necessary to intervene before the shooting occurred.
Witnesses testified that several educators alerted Parker about concerns involving the child, who reportedly had a history of behavioral problems.
According to testimony, Parker instructed a staff member to search the student’s backpack but advised against searching the child’s pockets until his mother arrived at the school.
Assistant Commonwealth Attorney Josh Jenkins argued that Parker failed to respond adequately despite multiple warnings.
Defense attorneys rejected that argument and said other school staff members also interacted directly with the student that day.
Parker’s legal team argued the prosecution failed to establish that her actions met the legal definition of a crime under Virginia law.
Dismissal
Judge Robinson agreed with the defense and ruled that prosecutors had not shown a valid criminal basis for the charges.
While explaining her decision, Robinson said the court found the legal theories presented by prosecutors unclear and inconsistent with the wording of the state statute.
She questioned whether the charges were connected to the bullets inside the gun, the emotional trauma experienced by students, or Parker’s awareness of the child’s behavioral history.
“The court is unclear,” Robinson said during the ruling.
The judge ultimately granted the defense motion to strike all charges after prosecutors rested their case.
Legal analysts noted that such dismissals typically occur before a trial begins rather than after the prosecution has already presented evidence.
Accountability
The case was widely viewed as a test of how far criminal accountability can extend following school shootings involving juveniles.
In recent years, prosecutors across the country have increasingly pursued criminal cases against parents and others connected to school shootings.
Parents in Michigan and Georgia have faced convictions tied to weapons access and negligence, while some law enforcement officers accused of failing to act during school shootings in Parkland and Uvalde were acquitted.
Legal observers said Parker appeared to be among the first school administrators criminally prosecuted under such circumstances.
Defense attorney Elyse Hershon, who followed the case, said the ruling may limit future attempts to expand criminal responsibility beyond parents.
“It’s putting a limit on this recent trend of expanding accountability for these horrific events at the school,” Hershon said.
Civil Case
The dismissal contrasts sharply with the outcome of a separate civil lawsuit connected to the shooting.
In November 2025, a civil jury awarded teacher Abby Zwerner $10 million after concluding school officials failed to respond appropriately to warnings before the shooting.
Parker has appealed that verdict.
Unlike the criminal case, the civil lawsuit focused on negligence rather than criminal conduct.
During the civil proceedings, Zwerner gave emotional testimony about the lasting physical and psychological effects of the shooting.
In the criminal trial, however, her testimony was limited to her observations from that day.
Under cross-examination, Zwerner acknowledged she allowed the student to attend recess despite concerns that he may have had a firearm.
“In hindsight, yes I could have,” she testified.
Reactions
After the ruling, Hampton Commonwealth’s Attorney Anton Bell defended the prosecution decision, saying a grand jury had previously concluded there was enough evidence to support criminal charges.
“We had hoped the community would have had the opportunity to weigh in through the full judicial process,” Bell said in a statement.
Attorneys representing Zwerner also responded, emphasizing that their focus remained on the civil case and the jury verdict already secured.
“A Newport News jury has already spoken,” the attorneys said in a joint statement.
The ruling closes one of the most closely followed criminal cases tied to school violence and educator responsibility in recent years.
FAQs
Who is Ebony Parker?
She is a former assistant principal at Richneck Elementary.
Why were charges dismissed?
The judge ruled the allegations did not constitute a crime.
What happened in the 2023 shooting?
A 6-year-old student shot teacher Abby Zwerner.
Can prosecutors retry the case?
No, the dismissal was issued with prejudice.
Did Abby Zwerner win a civil lawsuit?
Yes, a jury awarded her $10 million.
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