Abigail Zwerner, the Virginia teacher shot by 6-year-old student during class, set to file lawsuit against the school district

NEWPORT, Virginia – The teacher’s lawyer said Wednesday that the school district will be sued by the teacher who was shot in class by a 6-year-old student.

Diane Toscano, a lawyer for Abigail Zwerner, said Wednesday that on the day of the shooting, concerned teachers and employees warned administrators three times that the boy had a gun on him and was threatening other students, but “the administration couldn’t be bothered.”

On January 6, the boy shot Zwerner while she was teaching at Richneck Elementary School in Newport News, a city of about 185,000 people about 113 kilometers (70 miles) southeast of Richmond.

Police Chief Steve Drew has said many times that the shooting was “on purpose.” He said that the boy aimed at Zwerner and fired one shot, hitting her in the hand and chest. A hospital spokesperson said that Zwerner was in the hospital for almost two weeks but is now recovering at home.

Superintendent George Parker III said that at least one administrator was told on the day of the shooting that the boy might have had a gun, but when his backpack was searched, no gun was found.

Police say that school officials did not tell them about the tip before the shooting, which happened hours later.

Police say that the gun used to kill the boy was bought legally by the boy’s mother. In a statement last week, the boy’s family said that the gun was now “safe.” The family’s lawyer, James Ellenson, told The Associated Press that he thought the gun was in the woman’s closet on a shelf that was well over 6 feet (1.8 meters) high and had a trigger lock that needed a key.

In their statement, the boy’s family also said that he has a “acute disability” and that his care plan called for his mother or father to go to school with him and walk him to class every day. The family said that the shooting was the first time a parent had not been in class with him.

A posted agenda says that the Newport News School Board will hold a special meeting on Wednesday evening to vote on Parker’s separation agreement and severance package. The board is also scheduled to vote on a new interim superintendent.