Law doesn't support charging 6-year-old who shot teacher in Virginia, prosecutor say

The Newport News Commonwealth's Attorney says he believes the law does not support charging the 6-year-old who shot his first-grade teacher in January.

The Jan. 6 shooting happened at Richneck Elementary School and left teacher Abby Zwerner seriously hurt. In the weeks since Zwerner has been released from the hospital and is recovering, according to her lawyer.

Newport News Commonwealth's Attorney Howard Gwynn said Wednesday that he does not believe the law supports charging a 6-year-old child with aggravated assault.

"The general consensus [among experts across the country] is that a 6-year-old cannot form the requisite criminal intent to be guilty of an aggravated assault," Gwynn said over the phone with 13News Now. "I think it is problematical to assume that a 6-year-old understands the criminal justice system enough to be competent to stand trial."

Several parents with children in the school division wrote to 13News Now frustrated by Gwynn's statements, saying potentially no charges against the boy sets a bad example.

However, some parents like Rebecca Reese say they are okay with and unsurprised by the top prosecutor's sentiments.

[regina]

Their should be some type of punishment for the six year old.
No punishment whatsoever,
Reinforces the fact to him;
that he can do wrong and nothing
happens.
He will remember when he shot the teacher, and never got any type of punishment.

[whitehorse]

The government is so strong on finding out who has a firearm, their had to be an adult tied to that gun somehow. I don't know all the facts but, either the parents or some adult had ownership of the gun and they lost possession of it somehow. No matter whom though, the parents are responsible for that child's actions. Somewhere that child was taught that what they did was alright.