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

[fred&edna]

School administrators didn't seem to care about this "duty"

Virginia Law

§ 40.1-51.1. Duties of employers.​

A. It shall be the duty of every employer to furnish to each of his employees safe employment and a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees and to comply with all applicable occupational safety and health rules and regulations promulgated under this title.

https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-51.1/

 

[Simply Southern]

Attorney: Student reported gun to teacher before she was shot by 6-year-old

A first-grade student who allegedly warned Abby Zwerner that his classmate had a gun and planned to shoot her was told by the teacher to “sit down and be quiet,” his attorney says.

www.wavy.com

NEWPORT NEWS, Va. (WAVY) – A first-grade student who allegedly warned Abby Zwerner that his classmate had a gun and planned to shoot her was told by the teacher to “sit down and be quiet,” his attorney says.
....
Emily Mapp Brannon represents several Richneck Elementary School families whose children were in the classroom and witnessed the shooting, including one referred to as Ron Doe in Zwerner’s lawsuit.

Mapp Brannon said Ron Doe tried to warn Zwerner and another teacher about the gun and the shooter’s intention to shoot Zwerner, but he was ignored.

“I believe the evidence in this case will establish that Ms. Zwerner told my client to sit down and be quiet,” Mapp Brannon said. “Following this exchange, my client became incredibly fearful for his life and sought safety in another classroom. The shooting occurred shortly thereafter.”

Mapp Brannon also said she intends to file lawsuits on their behalf for the trauma the children experienced.
...
“My client’s parents seek an answer to the following questions,” Mapp Brannon said. “Why didn’t Ms. Zwerner or any other teacher call 911? Could this have all been prevented with that call?”

Zwerner’s lawsuit claims that the shooter showed Ron Doe the gun at recess and threatened him if he told anyone about it. The lawsuit claims Ron Doe told another teacher about the gun, and she kept him in her classroom because he was afraid.
....
The claim that Zwerner was warned of the shooter’s intention to harm her ahead of the shooting was also made on Monday by Pamela Branch, the attorney representing Foster-Newton. Branch has previously said Foster-Newton was never warned that the 6-year-old had a gun.

“In addition, we are exploring the possibility of a countersuit, as it has been brought to our attention that prior to the shooting, another student in Ms. Zwerner’s class warned her in class that the six-year-old shooter had a gun and Ms. Zwerner allegedly told that student to sit down and be quiet,” Branch said. “If this is true, Ms. Zwerner may have been able to avoid the injury she suffered and this will certainly impact her claimed damages.”

 

[Ontario Mom]

So... blaming the shooting victim herself. This case is insane.

Why are the parents of this kid skating free as a bird while everyone ELSE that had to deal with their violent kid faces legal fallout?

 

[ilovewings]

So... blaming the shooting victim herself. This case is insane.

Why are the parents of this kid skating free as a bird while everyone ELSE that had to deal with their violent kid faces legal fallout?

That is the million dollar question

 

[iamshadow21]

So... blaming the shooting victim herself. This case is insane.

Why are the parents of this kid skating free as a bird while everyone ELSE that had to deal with their violent kid faces legal fallout?

It's the 'what were you wearing/had you been drinking' of school shootings.

'Did you invite the shooting by not knowing and assuming that your six year old student was packing heat and planning to hurt you with it?'

MOO

 

[Simply Southern]

It's the 'what were you wearing/had you been drinking' of school shootings.

'Did you invite the shooting by not knowing and assuming that your six year old student was packing heat and planning to hurt you with it?'

MOO

Yep, nailed it ...
It was reported to the Vice Principal, three times, she refused to search the child or call police. Stated his pockets were to small for a gun.

 

[iamshadow21]

Yep, nailed it ...
It was reported to the Vice Principal, three times, she refused to search the child or call police. Stated his pockets were to small for a gun.

Which is ridiculous, because there are firearms that can fit in the palm of your hand. Just search on Google for 'tiny handgun' and you'll see dozens of photos. Probably the most famous (and rarest) was the prototype developed by the Nazis for their SS officers who guarded Hitler. It was disguised in a belt buckle. Only fifteen were made.

MOO

 

[shotgun09]

Among the Greatest Hits of excuses given by the VP, as to why not search the boy or call the Police, was the astonishing " school is almost over, his mother will be here in a bit to pick him up".

But, yeah...go ahead and blame the victim.

 

[Daisyeve]

Perhaps the child Was told to sit down and be quiet in order to keep the classroom calm so that the teacher could call for help and then the shooting suddenly occurred Does a teacher always have a phone ready to use? Is there an emergency button to push in the classroom? What administrator already refused to help before this? And if the actual shooter can’t be charged because he is only six years old how can another six year old be mature enough to remember what he said and when? IF this REALLY happened Ms Zwerner would know she had to keep the students calm and safe because the shooter had unpredictable violent outbursts and she had to find a way to notify administration to get immediate help. After all she had to keep all the other students safe and it’s apparent the principal and assistant principal didn’t care enough to make sure the shooter had a one to one adult with him at all times and consistently ignored warnings and calls for help . Just allowing the acutely disabled child without a one to one to supervise him be in any class left everyone else in that room in danger.I think it’s shameful that the principal would even think about trying to blame the teacher when the principal is ultimately responsible for the child being in class that day without a one to one. MOO

 

[IDK]

Why do I have the feeling that if Ms. Zwerner had called 911, she would have been reprimanded by the school management?
What a total debacle— though I have much better words to describe the situation that I can’t use here!

 

[fred&edna]

From all we've learned it almost appears as if the shooter, his parents, as well as the school administrators wanted AZ to be harmed (and continue to be harmed).

eta: And, I suppose civic leaders are too busy to shake her hand for taking a bullet and protecting the children in the classroom.

 

[mickey2942]

Why do I have the feeling that if Ms. Zwerner had called 911, she would have been reprimanded by the school management?
What a total debacle— though I have much better words to describe the situation that I can’t use here!

I agree. And probably would have been denied unemployment if she had quit.

 

[IDK]

I almost feel as though she is being retaliated against as a whistleblower— though I am no lawyer. The fact that the school administration has been able to pull other families into their narrative is downright frightening, IMO. I’m glad Ms. Zwerner seems to have a good lawyer looking after her interests.

 

[Simply Southern]

BoardDocs® Policy: LI Professional Visitors and Observers

go.boarddocs.com

Personal property of employees, students, or citizens which is lost, stolen, damaged or vandalized on School Board property is not the responsibility of the School Board. The principal/supervisor shall make available to the victim the opportunity to call the police to report the crime.

Each principal/supervisor shall immediately report to the police any of the following acts that may constitute a criminal offense:

• The assault and battery that results in bodily injury, sexual assault, death, shooting, stabbing, cutting, or wounding of any person, or stalking of any person as described in Code of Virginia 18.2-60.3, on a school bus, on school property, or at a school-sponsored activity
• Any conduct involving alcohol, marijuana, a controlled substance, imitation controlled substance, or an anabolic steroid on a school bus, on school property, or at a school-sponsored activity, including the theft or attempted theft of student prescription medications
• Any threats against school personnel while on a school bus, on school property, or at a school-sponsored activity
• The illegal carrying of a firearm, as defined in §22.1-277.07, onto school property
• Any illegal conduct involving firebombs, explosive materials or devices, or hoax explosive devices, as defined in §18.2-85, or explosive or incendiary devices, as defined in §18.2-433.1, or chemical bombs, as described in §18.2-87.1, on a school bus, on school property, or at a school-sponsored activity
• Any threats or false threats to bomb, as described in §18.2-83, made against school personnel or involving school property or school buses

Each principal/supervisor may report to the police any incident described below:

• The assault or assault and battery, without bodily injury, of any person on a school bus, on school property, or at a school-sponsored activity

If any of the above-listed incidents or the following occur:

• False fire alarm activation
• Hate-motivated incident
• Lockdown (not including drills)
• Arrest of any person on school property;

The principal/supervisor or his/her designee will electronically submit an “Incident Notification Report” to his/her Executive Director and the Supervisor of Security as soon as is reasonably possible.

 

[StarryStarryNight]

Perhaps the child Was told to sit down and be quiet in order to keep the classroom calm so that the teacher could call for help and then the shooting suddenly occurred Does a teacher always have a phone ready to use? Is there an emergency button to push in the classroom? What administrator already refused to help before this? And if the actual shooter can’t be charged because he is only six years old how can another six year old be mature enough to remember what he said and when? IF this REALLY happened Ms Zwerner would know she had to keep the students calm and safe because the shooter had unpredictable violent outbursts and she had to find a way to notify administration to get immediate help. After all she had to keep all the other students safe and it’s apparent the principal and assistant principal didn’t care enough to make sure the shooter had a one to one adult with him at all times and consistently ignored warnings and calls for help . Just allowing the acutely disabled child without a one to one to supervise him be in any class left everyone else in that room in danger.I think it’s shameful that the principal would even think about trying to blame the teacher when the principal is ultimately responsible for the child being in class that day without a one to one. MOO

BBM.
This is the center of the entire problem.
I worked at a high school in charge of all the paperwork for special education students, from those with simple learning disabilities to the severely mentally challenged. And in between that, the secret parents don’t know, is that there are very serious and dangerous mentally ill children, usually labeled as emotionally disabled, that the schools are mandated by Federal law to educate in the least restrictive environment deemed appropriate.
To the schools, this is a huge and complicated issue. First, it Is a selfish money hungry issue. The districts get extra money for educating spec educ students of all types. If the schools can mainstream these students into regular classrooms the schools make money because they don’t have to spend any extra on the student but still get spec educ funding for them. This works fine for a lot of students.
This does not work fine for some students and schools don’t know what to do. Do they build a small secure self contained classroom on campus to teach maybe three emotionally disabled students, two of which just have anxiety and the third has delusions of killing classmates.
If the Feds find out the districts aren’t in compliance they will pull money from the schools. If a spec educ student’s parents feel the school isn’t doing everything they can, they can sue. This drives everything. The schools are terrified of having their extra funding pulled and even more terrified of being sued.
This is the main reason regular happy-go-lucky first graders are in class with dangerously disturbed children that cannot be let out of their parents’ sight. Teachers absolutely did not sign up for this either. Administrators look the other way and pray everyday nothing bad happens.

 

[fred&edna]

I almost feel as though she is being retaliated against as a whistleblower— though I am no lawyer. The fact that the school administration has been able to pull other families into their narrative is downright frightening, IMO. I’m glad Ms. Zwerner seems to have a good lawyer looking after her interests.

I agree. (And, it appears there are whistleblower laws in VA)

It's ALL very, very frightening.

 

[mpnola]

She had a class to teach!!! It is administration's duty to act and give guidance, in this situation. They were told and they instructed the teachers to get back to work, essentially. Are they suggesting she should have ignored their instructions and called 911 in the middle of a class of 6 year olds?! Or left then alone in the classroom with the shooter?!? This is madness.

Side note... I am soooo curious what shooter did after he shot! When she took the kids to the office, did he stay behind? Did he run? Did he drop the gun? Certainly he didn't go with the class to the office, right?!

 

[fred&edna]

She had a class to teach teach!!! It is administration's duty to act and give guidance, in this situation. They were told and they instructed the teachers to get back to work, essentially. Are they suggesting she should have ignored their instructions and called 911 in the middle of a class of 6 year olds?! Or left then alone in the classroom with the shooter?!? This is madness.

Side note... I am soooo curious what shooter did after he shot! When she took the kids to the office, did he stay behind? Did he run? Did he drop the gun? Certainly he didn't go with the class to the office, right?!

From what I understand, another adult was there and held him after the shooting. Had to be a brave soul to go into action like that.

 

[Simply Southern]

BBM.
This is the center of the entire problem.
I worked at a high school in charge of all the paperwork for special education students, from those with simple learning disabilities to the severely mentally challenged. And in between that, the secret parents don’t know, is that there are very serious and dangerous mentally ill children, usually labeled as emotionally disabled, that the schools are mandated by Federal law to educate in the least restrictive environment deemed appropriate.
To the schools, this is a huge and complicated issue. First, it Is a selfish money hungry issue. The districts get extra money for educating spec educ students of all types. If the schools can mainstream these students into regular classrooms the schools make money because they don’t have to spend any extra on the student but still get spec educ funding for them. This works fine for a lot of students.
This does not work fine for some students and schools don’t know what to do. Do they build a small secure self contained classroom on campus to teach maybe three emotionally disabled students, two of which just have anxiety and the third has delusions of killing classmates.
If the Feds find out the districts aren’t in compliance they will pull money from the schools. If a spec educ student’s parents feel the school isn’t doing everything they can, they can sue. This drives everything. The schools are terrified of having their extra funding pulled and even more terrified of being sued.
This is the main reason regular happy-go-lucky first graders are in class with dangerously disturbed children that cannot be let out of their parents’ sight. Teachers absolutely did not sign up for this either. Administrators look the other way and pray everyday nothing bad happens.

Exactly. Funding

Its important for parents and teachers to attend SB meeting and ask the tuff questions. Not all Virginia schools follow the path of NNPS.
I reviewed their policies (in Board Doc) and compared to my SB and a couple of other districts. Many differ on what, when, and how to report offenses to LE, suspension terms, and general discipline. After several threats, resulting in lockdown or fighting, several years ago, our school and LE made the decision to prosecute individuals. It was heavily publicized. Incidents immediately declined.

Virginia law clearly defines what incidents MUST be reported to LE. Having SRO on staff verse private security is a check and balance, imho. SROs are LE, they will act immediately in a crime or potential crime, they trump the School Administration.

Would we see a different outcome, if Richneck had SRO vs security guard?

All my opinion

 

[Simply Southern]

She had a class to teach!!! It is administration's duty to act and give guidance, in this situation. They were told and they instructed the teachers to get back to work, essentially. Are they suggesting she should have ignored their instructions and called 911 in the middle of a class of 6 year olds?! Or left then alone in the classroom with the shooter?!? This is madness.

Side note... I am soooo curious what shooter did after he shot! When she took the kids to the office, did he stay behind? Did he run? Did he drop the gun? Certainly he didn't go with the class to the office, right?!

My question....

Had AZ, called or staff had called 911, even anonymously - Would they have been allowed access to the school or student.

After hearing the COP comments....we try to do paperwork near rhe schools, we do frequent ride bys, even greeting kids OUTSIDE when they returned. I kinda get the feeling LE is not a welcomed site in NNPS.
Moo