VA - 6-YEAR-OLD in custody after shooting teacher, Newport News, Jan 2023 *mom charged* #2

[fred&edna]

Newport News School Board's attorneys file motion to dismiss Abby Zwerner's lawsuit over Richneck shooting

Defense attorneys for three of four defendents in the lawsuit filed by Richneck teacher Abby Zwerner claim she is legally barred from filing suit in Circuit Court.

www.13newsnow.com

The law firm representing three of the four defendants in the lawsuit filed by Richneck Elementary School teacher Abby Zwerner has filed a motion in Newport News Circuit Court to have the suit dismissed.
The motion, known as a Plea in Bar, was filed Wednesday afternoon by attorneys with the law firm Pender and Coward, which represents the Newport News School Board, former Newport News School Superintendent Dr. George Parker, III, and former Richneck Elementary Principal Briana Foster Newton.

The fourth defendant in the lawsuit, former Richneck Elementary Assistant Principal Ebony Parker, is represented by a different law firm and was not included in this motion.

These defendants are going to fight responsibility with all they have, and I most certainly hope they lose everything.

 

[x_files]

When my video-gamer kid was a kid, games had maturity ratings.

GTA is certainly not for young children!

This is a game rating site for parents:

Grand Theft Auto V (2022) Game Review

Crime, violence, sex, drugs, and alcohol = not for kids. Read Common Sense Media's Grand Theft Auto V (2022) review, age rating, and parents guide.

www.commonsensemedia.org

Parents need to know that Grand Theft Auto V is an adult action game for Xbox 360, Xbox One, Xbox Series X/S, PlayStation 3, PlayStation 4, PlayStation 5, and Windows platforms. It brims with gang violence, nudity, extremely coarse language, and drug and alcohol abuse. Playing as hardened criminals, players kill not only fellow gangsters but also police officers and innocent civilians using both weapons and vehicles while conducting premeditated crimes, including a particularly disturbing scene involving torture. Women are frequently depicted as sexual objects, with a strip club mini-game allowing players to fondle dancers' bodies, which are nude from the waist up. Players also have the opportunity to make characters use marijuana and drink alcohol, both of which impact their perception of the world. All of the main characters are criminals who think of themselves first and others rarely at all. Online modes allow players to create their own avatar and embark on a criminal career that includes armed robberies, corruption, and murder. There's some diversity within the cast, including people of varying skin colors, backgrounds, and sexual orientation, but virtually no characters here could be considered appropriate role models. Few games are more clearly targeted to an adult audience.

And rabbit holes indicate that some people play this game with their Dad. Yup.

jmho ymmv lrr

Do we know for a fact he was allowed to play violent video games?
His mom should not allow him access to violent games that are not made for small children.

 

[x_files]

And we wonder why American youth are reduced to their reptilian brains.
It is all a bit sick in the name of entertainment.

JMO

Not just teens lots of adults play as well. I don't think anyone with violent tendencies and delusions should be allowed to play. Your average person can decipher a game from reality.

 

[Simply Southern]

NN School attorneys ask judge to dismiss Abby Zwerner’s lawsuit

They argued that Zwerner’s injuries are covered under the Virginia Workers’ Compensation Act because she was shot while doing her job.

www.wavy.com

......
“This is exactly why [Zwerner] strategically focuses on the use of a handgun as opposed ot some other weapon with less perceived notoriety and shock value, even though serious injuries can be inflicted with scissors, knives, pencils, rocks, chairs, and hands,” the school attorneys argued. “If the allegations in the complaint substituted ‘sharp scissors’ for ‘gun’ and [the student] stabbed [Zwerner] in the neck in the classroom, there would be no doubt that the injury would fall under Workers’ Compensation.”

The school’s attorneys also argued that student-perpetuated violence is a reality in American schools, including those in Newport News. The plea cited a February 2022 report by the U.S. Department of Justice’s National Institute of Justice, which showed that over half of teachers in the country have experienced student-perpetuated violence.


The plea also points to Newport News educators who have been assaulted and injured at city schools, including educators who have been hit, kicked, and bitten.

The plea also provides new information about the 6-year-old shooter, including that he was being evaluated for and treated for possible ADHD. He’d reenrolled at Richneck Elementary School for first grade after he allegedly strangled a teacher in kindergarten and was transferred to Denbigh Early Childhood Center.

 

[tlcya]

NN School attorneys ask judge to dismiss Abby Zwerner’s lawsuit

They argued that Zwerner’s injuries are covered under the Virginia Workers’ Compensation Act because she was shot while doing her job.

www.wavy.com

{SNIPPED BY tlcya for focus]

The plea also provides new information about the 6-year-old shooter, including that he was being evaluated for and treated for possible ADHD. He’d reenrolled at Richneck Elementary School for first grade after he allegedly strangled a teacher in kindergarten and was transferred to Denbigh Early Childhood Center.

This kid has real serious issues. why was he reenrolled? who allowed it? I get IEPs. I get trying to keep a child in mainstream classes. I don't dispute that every child has a right to education. But at what point does someone stop the madness? Can you imagine how hard it must have been to be a first grader in a class with such a child as this one? How hard must it be to learn when the whole day is probably centered around not setting off little "johnny has issues"?

Why does it feel this particular family has received special treatment far and above that of many families with a child who has a special need or developmental issue? And can anyone please explain why a parent was supposed to attend classes with him but didn't? why was he allowed to stay at school that day if the requirement was that a parent sit with him through class? This case is just bizarre to me.

 

[ChatteringBirds]

ADHD doesn't explain any of this, IMO. And just in this one case, I think "nurture" might be contributing just as much as "nature" to the child's problems.

 

[tlcya]

ADHD doesn't explain any of this, IMO. And just in this one case, I think "nurture" might be contributing just as much as "nature" to the child's problems.

agree. ADHD doesn't even come close to whatever is wrong here.

 

[shotgun09]

NN School attorneys ask judge to dismiss Abby Zwerner’s lawsuit

They argued that Zwerner’s injuries are covered under the Virginia Workers’ Compensation Act because she was shot while doing her job.

www.wavy.com

......
“This is exactly why [Zwerner] strategically focuses on the use of a handgun as opposed ot some other weapon with less perceived notoriety and shock value, even though serious injuries can be inflicted with scissors, knives, pencils, rocks, chairs, and hands,” the school attorneys argued. “If the allegations in the complaint substituted ‘sharp scissors’ for ‘gun’ and [the student] stabbed [Zwerner] in the neck in the classroom, there would be no doubt that the injury would fall under Workers’ Compensation.”

The school’s attorneys also argued that student-perpetuated violence is a reality in American schools, including those in Newport News. The plea cited a February 2022 report by the U.S. Department of Justice’s National Institute of Justice, which showed that over half of teachers in the country have experienced student-perpetuated violence.


The plea also points to Newport News educators who have been assaulted and injured at city schools, including educators who have been hit, kicked, and bitten.

The plea also provides new information about the 6-year-old shooter, including that he was being evaluated for and treated for possible ADHD. He’d reenrolled at Richneck Elementary School for first grade after he allegedly strangled a teacher in kindergarten and was transferred to Denbigh Early Childhood Center.

Rolling my eyes until they hurt, at the statement "...strategically focuses on the use of the handgun.".

YEAH...you damned right she is focusing on the gun!

For realz?

 

[MyBelle]

NN School attorneys ask judge to dismiss Abby Zwerner’s lawsuit

They argued that Zwerner’s injuries are covered under the Virginia Workers’ Compensation Act because she was shot while doing her job.

www.wavy.com

......
“This is exactly why [Zwerner] strategically focuses on the use of a handgun as opposed ot some other weapon with less perceived notoriety and shock value, even though serious injuries can be inflicted with scissors, knives, pencils, rocks, chairs, and hands,” the school attorneys argued. “If the allegations in the complaint substituted ‘sharp scissors’ for ‘gun’ and [the student] stabbed [Zwerner] in the neck in the classroom, there would be no doubt that the injury would fall under Workers’ Compensation.”

The school’s attorneys also argued that student-perpetuated violence is a reality in American schools, including those in Newport News. The plea cited a February 2022 report by the U.S. Department of Justice’s National Institute of Justice, which showed that over half of teachers in the country have experienced student-perpetuated violence.


The plea also points to Newport News educators who have been assaulted and injured at city schools, including educators who have been hit, kicked, and bitten.

The plea also provides new information about the 6-year-old shooter, including that he was being evaluated for and treated for possible ADHD. He’d reenrolled at Richneck Elementary School for first grade after he allegedly strangled a teacher in kindergarten and was transferred to Denbigh Early Childhood Center.

What her attorneys have argued is that the attack was personal. I believe he was retaliating for being suspended for breaking the teacher's phone.

 

[Simply Southern]

Workers' compensation and tort law: digging into Abby Zwerner's legal case

Attorneys for Newport News Public Schools filed a motion to dismiss Zwerner's $40 million lawsuit, claiming her injuries fall under the "Workers' Compensation Act."

www.13newsnow.com

....
In a tort claim, a plaintiff (in this case, Abby Zwerner) seeks monetary compensation for the damages resulting from acts committed by the defendant (in this case, Newport News Public Schools).
If the plaintiff proves his or her injuries do not fall under the Workers' Compensation Act, they can sue for tort liability and prove the employer is liable for the workplace incident. The plaintiff would then receive compensation for medical bills and lost wages.
...
In the lawsuit, Zwerner said administrators, particularly Parker, ignored serious warnings that the 6-year-old student had a gun the day of the shooting.
"I think it favors [Zwerner] a little bit that this is an elementary school, because usually, you don't expect to be attacked by your elementary school students," Hensler explained.
Zwerner's attorneys argued in the lawsuit that the entire shooting could have been prevented had school administrators taken action.
Hensler said a judge will determine if the lawsuit stands or if Zwerner's injuries fall under workers' compensation. That would determine if the case goes in front of a jury.

 

[mickey2942]

What is difficult to understand is how different the thought process is in a kid who is like this. Their ability to focus and keep that focus on the person who they feel has wronged them is really something to see. It is terrifying to be the focus of that much rage.

I have seen it, personally. You have to experience it to understand it. This is not a normal six year old who just smiles a minute later, and forgets everything. No, once a kid like this has a place to put years of helplessness and rage on a specific target, it is beyond anything most people have ever seen.

 

[fred&edna]

What is difficult to understand is how different the thought process is in a kid who is like this. Their ability to focus and keep that focus on the person who they feel has wronged them is really something to see. It is terrifying to be the focus of that much rage.

I have seen it, personally. You have to experience it to understand it. This is not a normal six year old who just smiles a minute later, and forgets everything. No, once a kid like this has a place to put years of helplessness and rage on a specific target, it is beyond anything most people have ever seen.

I don't have a PhD, but it's beyond me how a child with this much rage could be given the assistance he needs along with the instruction needed for all the other non-raging children in that classroom. It feels as if something was wrong with everyone around this little raging shooter (home and school). jmo

 

[PrairieWind]

These defendants are going to fight responsibility with all they have, and I most certainly hope they lose everything.

The school district is not going to willingly accept any responsibility. Will this fall under workers comp? Maybe. But I think there are enough egregious actions and inactions to get outside WC. But a government entity can still come forward and say it blew it, it will work with work comp to see what is covered and then go beyond that to help out. But that requires actual leadership from government. That seems rare these days. To claim that kids with guns (elementary kids) is just part of being a teacher these days is insane. What they need to say is, well having totally incompetent and corrupt administrators is just part of being a teacher now days, so......."

 

[Laughing]

Do we know for a fact he was allowed to play violent video games?
His mom should not allow him access to violent games that are not made for small children.

As stated, this was part of a rabbit hole. Some sources are not allowed to be cited here on WS.

However, I would not mention any rabbit hole that I did not personally find credible. What is available in rabbit holes has been used by prosecutors in court cases.

Sorry, I am not comfortable saying more about it.

Agree completely, video games (and other media) have maturity ratings for valid reason.

Justice for Abby Zwerner!


image from Law & Crime

jmho ymmv lrr

 

[Hoosgirl]

Workers' compensation and tort law: digging into Abby Zwerner's legal case

Attorneys for Newport News Public Schools filed a motion to dismiss Zwerner's $40 million lawsuit, claiming her injuries fall under the "Workers' Compensation Act."

www.13newsnow.com

....
In a tort claim, a plaintiff (in this case, Abby Zwerner) seeks monetary compensation for the damages resulting from acts committed by the defendant (in this case, Newport News Public Schools).
If the plaintiff proves his or her injuries do not fall under the Workers' Compensation Act, they can sue for tort liability and prove the employer is liable for the workplace incident. The plaintiff would then receive compensation for medical bills and lost wages.
...
In the lawsuit, Zwerner said administrators, particularly Parker, ignored serious warnings that the 6-year-old student had a gun the day of the shooting.
"I think it favors [Zwerner] a little bit that this is an elementary school, because usually, you don't expect to be attacked by your elementary school students," Hensler explained.
Zwerner's attorneys argued in the lawsuit that the entire shooting could have been prevented had school administrators taken action.
Hensler said a judge will determine if the lawsuit stands or if Zwerner's injuries fall under workers' compensation. That would determine if the case goes in front of a jury.

Interesting. The linked filing by the school district says only that he was being evaluated for ADHD. That seems contrary to the family statement that he had an "acute disability".

 

[AngTxGal]

Newport News School Board's attorneys file motion to dismiss Abby Zwerner's lawsuit over Richneck shooting

Defense attorneys for three of four defendents in the lawsuit filed by Richneck teacher Abby Zwerner claim she is legally barred from filing suit in Circuit Court.

www.13newsnow.com

The law firm representing three of the four defendants in the lawsuit filed by Richneck Elementary School teacher Abby Zwerner has filed a motion in Newport News Circuit Court to have the suit dismissed.
The motion, known as a Plea in Bar, was filed Wednesday afternoon by attorneys with the law firm Pender and Coward, which represents the Newport News School Board, former Newport News School Superintendent Dr. George Parker, III, and former Richneck Elementary Principal Briana Foster Newton.

The fourth defendant in the lawsuit, former Richneck Elementary Assistant Principal Ebony Parker, is represented by a different law firm and was not included in this motion.

IMO something like this case could make a difference
- hold schools who make stupid choices partly responsible

We send our children to schools believing they will be safe, that trust has been in danger for some time
Schools need to step up and show they are willing to do what they can- it is crystal clear for whatever reason this school did not act with prudent judgment.
- it did not keep the kids and their teacher safe.

JMO

 

[YepperBepper]

The school district is not going to willingly accept any responsibility. Will this fall under workers comp? Maybe. But I think there are enough egregious actions and inactions to get outside WC. But a government entity can still come forward and say it blew it, it will work with work comp to see what is covered and then go beyond that to help out. But that requires actual leadership from government. That seems rare these days. To claim that kids with guns (elementary kids) is just part of being a teacher these days is insane. What they need to say is, well having totally incompetent and corrupt administrators is just part of being a teacher now days, so......."

I agree. I'm sure the schools liability insurer is trying to prove that the school continually succeeded in their duty of care. Generally speaking, schools are not held liable for injuries unless one can prove negligent supervision, if I recall correctly. That said, I think this situation is a glowing neon light for negligent supervision.

If criminal charges are filed against any member of the district, however, wouldn't you think any defense by the district will be almost useless ....imho

 

[AngTxGal]

I agree. I'm sure the schools liability insurer is trying to prove that the school continually succeeded in their duty of care. Generally speaking, schools are not held liable for injuries unless one can prove negligent supervision, if I recall correctly. That said, I think this situation is a glowing neon light for negligent supervision.

If criminal charges are filed against any member of the district, however, wouldn't you think any defense by the district will be almost useless ....imho

Parents and teachers need to stop taking it!
A school cannot open without teachers and students- who does the district think is in charge here?!
A school acts in the place of a parent for six hours each day- this is not anything near the actions of a prudent parent…

JMO

 

[pol100gk]

Interesting. The linked filing by the school district says only that he was being evaluated for ADHD. That seems contrary to the family statement that he had an "acute disability".

Is ADHD classified as a disability? One of my kids has ADHD but the school district and department of education do not classify it as a disability. I think ADHD would be in addition to the 'acute disability' in this case here.

 

[iamshadow21]

Is ADHD classified as a disability? One of my kids has ADHD but the school district and department of education do not classify it as a disability. I think ADHD would be in addition to the 'acute disability' in this case here.

It is a disability. How disabling it is for an individual depends on their unique presentation and array of symptoms. That's why we have IEPs, why we have legal protections for people who need accommodations in the workplace. For some folks, having a routine and/or medication may mean their ADHD has minimal impact on their life and functioning. For others, it causes significant impairment and stresses and may mean they are unable to participate in study or work without substantial accommodation and supports. It's thought by many people that ADHD is cancelled out just by taking a pill, when it's not that simple. Some people, as much as they would like to use it, can't tolerate medication. It's unsafe for them, just plain doesn't work, has severe side effects, or has the opposite to desired effect on them. My nephew took one med for a very brief period of time that caused him to have explosive violent outbursts without warning, a side effect so severe and dangerous to himself and others the psychiatrist told my brother to stop him taking it, cold turkey. They have since found a med that works for him, but some folks never find one. They have to manage their ADHD in other ways. It's a condition that affects your whole body and brain, and medication is only one part of the puzzle of management of it, and an imperfect one, at that.

I agree that I don't think ADHD is the full picture, here. I would expect that there is some kind of conduct disorder or neurological issue in the mix, or possibly a developmental disability. But I am not a psych or a neurologist, and we have very little information, so all of this is just my own speculation and opinion, coloured by my experiences as someone who lives with ADHD.

MOO