CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – Opening arguments have started a two-week trial in the $40-million lawsuit of Ruckersville native and former first-grade teacher at Newport News’ Richneck Elementary School, Abbey Zwerner, against former Assistant Principal Ebony Parker.
Zwerner’s attorney, Diane Toscano, argued, “You’re going to hear how January 6, 2023 changed Abbey’s life forever.”
In her opening, Toscano said no less than four Richneck staffers told Parker that the six-year old was in a violent mood and had a loaded gun with him, but Parker did not take the child out of class, have a backpack he was carrying that day nor a jacket he was wearing searched, nor did she call law enforcement.
“The time is 1:58… BANG… everyone nearby hears the sound of a gunshot. J.T. has now taken that firearm, pointed at Abbey, and pulled the trigger.”
“She has undergone six surgeries and still has one coming up to remove a plate out of her hand, and you’ll be able to see her hands the difference,” Toscano stated.
“She still does not have full range of motion in her left hand, and you’re going to hear from those doctors, and they’re going to tell you about that impact.”
David Hogan opened in Parker’s defense saying. “No one could see this coming… no one could see this coming.”
“Hindsight is 20-20,” Hogan continued.
“These are not my words, and in the course of this trial the evidence will show that these are the words of the staff and teachers who were here for these kids. These are the people who were present and affected by the shooting that occurred.”
Hogan said the jury of seven, with two alternates, must determine in this case whether people acted reasonably based on they knew at that time, not in hindsight.
He said they must decide based on what the law is, and the explicit expectations in the law of Dr. Parker’s job.
Hogan also said there is a monetary value the jury might also have to determine.
“This is not the Antiques Road Show. This is a court of law, you will assess witness credibility which will be decided in the crucible of court,” Hogan stated.
“You will look at them, you will decide.”
“You are deciding people’s lives and careers, that’s what’s at stake,” Hogan concluded.
Newport News schools had argued pre-trial any money paid out should be through worker’s compensation, a disposition the court threw out.
If Parker is held liable, the decision would be the first holding a school system or administrator even partially liable in a school shooting.
In an interview with ABC affiliate 13 News in Hampton, Zwerner described she had been diagnosed with post-traumatic stress disorder, anxiety, and depression, and had nightmares from the incident.
