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Graphic Content Warning: This article includes police body camera footage from the aftermath of a school shooting.
A Virginia judge dismissed criminal charges against Ebony Parker, the former assistant principal accused of ignoring warnings before a 6-year-old child shot a teacher, after the defense argued the prosecution had not made its case.
“If [Parker’s actions] are meant to amount to a crime, the legislature will need to codify it,” Circuit Court Judge Rebecca Robinson said Thursday. “Therefore, I do grant the defense motion to strike in full on all counts, all eight counts of felony child abuse and endangerment.”
Parker put her head down on the defendant’s table and appeared to be sobbing.
Former Richneck Elementary School assistant principal Ebony Parker looks back in the courtroom during Abby Zwerner’s lawsuit in Newport News, Va., on Oct. 28, 2025. (Stephen M. Katz/The Virginian-Pilot via AP, Pool)
Parker was charged with eight counts of felony child neglect in the January 2023 shooting at Richneck Elementary School in Newport News.
The charges alleged Parker “did commit a 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,” according to court documents.
Prior to the dismissal of all charges, Parker was potentially facing up to five years in prison on each count. Thursday’s dismissal ends the criminal proceedings against Parker in the case.
Abigail Zwerner, the teacher shot by a 6-year-old student in January 2023, was the first witness Tuesday, May 19 in the trial of Ebony Parker in Newport News, Virginia. (WAVY)
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First-grade teacher Abigail Zwerner was injured in the shooting.
The trial began with opening statements Tuesday, and the prosecution called 16 witnesses in all. On Tuesday, Zwerner took the stand recounting the moment her 6-year-old student opened fire on her in January 2023.
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“I saw this student looking at me,” she testified. “I looked over, the gun was pointed right at me, and then I was shot.”
The bullet traveled through her left hand and into her chest, she said.
WATCH: Bodycam video shows teacher after she was shot by 6-year-old student
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She told jurors the student had already displayed aggressive behavior earlier that week, including an incident in which he grabbed and smashed her cellphone during reading-group time.
Zwerner testified the child appeared “very defiant” before breaking the phone and had what she described as a “challenging face.”
Teacher Abby Zwerner was awarded $10 million in damages related to the January 2023 shooting at Richneck Elementary School in Newport News, Va. (Newport News Police Department/Associated Press)
In November 2025, Zwerner was awarded $10 million in a civil trial against Newport News Public Schools, accusing the school division and administrators of gross negligence and alleging they ignored multiple warnings and failed to prevent the shooting.
It also claimed the student had a documented history of concerning and violent behavior.
Fox News Digital has reached out to Parker’s attorney, Curtis Rogers, and Prosecutor Josh Jenkins for comment.