(CNN) — A Virginia circuit court judge on Thursday dismissed criminal charges against Ebony Parker, a former elementary school assistant principal, in a case connected to a his teacher in January 2023.
Prosecutors had alleged Parker ignored warnings that the boy had a gun shortly before the shooting, but her defense argued the allegations were not criminal. Circuit Court Judge Rebecca Robinson agreed with the defense in dismissing the case.
鈥淭he court is of the legal opinion that this is not a crime,鈥� she said.
Parker put her head down on the defendant鈥檚 table and appeared to be sobbing.
The case was dismissed with prejudice, meaning it cannot be brought to trial again, an official familiar with the ruling said.
The charges stem from the at Richneck Elementary School in Virginia in which the child shot and wounded his first-grade teacher, Abby Zwerner. The boy had taken the unsecured gun from his mother鈥檚 purse and brought it to school in his backpack, .
Parker had pleaded not guilty to eight counts of felony child abuse and disregard for life 鈥� one for each bullet in the child鈥檚 gun. She faced up to five years in prison on each charge.
The charges alleged she committed 鈥渁 willful act or omission in the care of such students, in a manner so gross, wanton and culpable as to show a reckless disregard for human life,鈥� according to court documents.
Parker鈥檚 criminal trial is one of a number of cases in recent years that have when a juvenile carries out a school shooting. Parents in and have been convicted of serious charges, while law enforcement officers accused of inaction in have been acquitted by juries.
Parker appears to be the first school educator to face trial in such circumstances.
鈥淚t was the citizens of Newport 91欧美激情, through the grand jury process, who determined that indictments against Ebony Parker were appropriate based upon the evidence presented,鈥� Hampton Commonwealth鈥檚 Attorney Anton A. Bell said in a statement.
鈥淲e had hoped the community would have had the opportunity to weigh in through the full judicial process,鈥� he said. 鈥淣evertheless, the Court has now concluded the matter as it deemed appropriate under the law.鈥�
CNN has reached out to the defense for comment.
The 6-year-old boy鈥檚 mother, Deja Taylor, to a state charge of felony child neglect and federal gun charges related to the Virginia school shooting. She served multiple years in custody and was released last week. Prosecutors have said the boy, who has 鈥渆xtreme emotional issues,鈥� will not be criminally charged.
Elyse Hershon, a defense attorney who followed Parker鈥檚 trial, said the dismissal of Parker鈥檚 case suggests legal accountability for school shootings may not go beyond the parents.
鈥淚t鈥檚 putting a limit on this recent trend of expanding accountability for these horrific events at the school,鈥� she said. 鈥淩ight now, in terms of the judiciary and in terms of the legal process, they鈥檙e kind of stopping it, limiting it at the parents.鈥�
Trial lasted just a few days
The precedent-setting trial began with opening statements Tuesday, and the prosecution called 16 witnesses in all, including school teachers, law enforcement officers and parents.
Several they told Parker about suspicions the child, who had a history of behavioral issues, had a firearm at school. Parker directed an educator to search the boy鈥檚 backpack, but she recommended against searching the child鈥檚 pockets until his mother came to the school, according to testimony.
鈥淭here was only one person in the school that day that had both the authority to act and the knowledge of the ongoing crisis, and that person you will see was Dr. Parker,鈥� Assistant Commonwealth Attorney Josh Jenkins said in opening statements.
In contrast, Parker鈥檚 defense flipped the case on its head and accused the teachers, including Zwerner, of being the ones who failed to take proper action to protect students.
鈥淚f the commonwealth wants to accuse Dr. Parker, what about these other people that had direct contact with this child?鈥� defense attorney Curtis Rogers said in opening statements.
Witness testimony was repeatedly interrupted by defense objections about what evidence should or should not be allowed. Unusually, the attorneys and judge debated the merits of that evidence in front of the jury 鈥� leading one juror to tell the court he was confused.
The prosecution rested its case Wednesday afternoon. On Thursday morning, prior to presenting its own evidence, the defense asked the judge to dismiss the case, saying the prosecution had not established a crime had occurred.
Speaking from the bench, the judge said the legal basis for the charges was unclear. Judge Robinson said she was not sure if the charges were connected to the unfired bullets in the gun, the children in the class, their psychological trauma afterward, or Parker鈥檚 knowledge of the child鈥檚 prior issues.
鈥淭he court is unclear. As previously stated, those legal theories do not fit the plain reading of the statute,鈥� she said. 鈥淭herefore, I do grant the defense motion to strike in whole on all counts.鈥�
Hershon, the legal expert, said she was surprised by the judge鈥檚 reasoning in dismissing the charges and her timing, after the prosecution had presented its case.
鈥淚f something is not a crime, or something that someone鈥檚 charged with doesn鈥檛 constitute a crime, or there鈥檚 not enough evidence, that鈥檚 a motion to dismiss way before the trial even starts,鈥� she said. 鈥淚t was interesting that this judge basically dismissed the case for a motion that could have or should have been dealt with before, not after, the whole trial.鈥�
Differences from civil case
The dismissal in the criminal case is a stark change from the results of a similar civil case, underscoring the differences between the two venues.
Last November, a in a lawsuit alleging Parker failed to act on concerns that the student had brought a gun to school. Parker has filed an appeal in that case.
In the civil trial, Zwerner about the shooting and its impact on her physical and mental health. 鈥淚 thought I was dying. I thought I had died,鈥� she said through tears.
But in the criminal trial, Zwerner was considered a witness, not a victim, and her testimony was limited to what she observed in school that day.
She testified she was concerned when she heard a 6-year-old boy may have a firearm. Yet on cross-examination, she admitted she still allowed the boy to go to recess with other children when she could have removed him from the class.
鈥淚n hindsight, yes I could have,鈥� Zwerner said.
Parker did not testify in either trial, although her comments to a human resources representative days after the shooting were played in her criminal trial Wednesday. In that interview, she said she couldn鈥檛 leave her office to personally search the boy because of testing. She also advised two educators not to search the boy鈥檚 pockets until his mother came to school.
Zwerner鈥檚 civil attorneys issued a statement reacting to the dismissal.
鈥淭his was always the Commonwealth鈥檚 criminal case 鈥� not Abby鈥檚 civil case. Abby complied with the subpoena requiring her testimony once again, despite the emotional toll of repeatedly reliving this tragedy,鈥� attorneys Diane Toscano, Kevin Biniazan and Jeffrey Breit said in a statement.
鈥淔rom the beginning, our focus has remained on obtaining justice in civil court for the preventable failures that led to Abby being shot. A Newport 91欧美激情 jury has already spoken, returning a $10 million verdict in Abby鈥檚 favor.鈥�
This story has been updated with additional information.
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