Newport News prosecutors want special grand jury to investigate shooting of Richneck Elem. teacher

By Penny Kmitt, Madeline Miller

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    NEWPORT NEWS, Virginia (WTKR) — On January 6, a 6-year-old boy at Richneck Elementary School shot his first-grade teacher, Abby Zwerner.

Now, over three months after the shooting, the boy’s mother is facing charges and Newport News prosecutors have asked for a special grand jury to look into the incident.

On Monday, April 10, the Newport News Commonwealth’s Attorney Howard Gwynn confirmed that a grand jury indicted the boy’s mother, 25-year-old Deja Taylor of Newport News. Taylor has been charged with felony child neglect and a misdemeanor count of recklessly leaving a firearm as to endanger a child, according to Gwynn.

“These are the two charges that I think that we expected,” said Mario Lorello, Hampton Roads attorney and legal expert.

Lorello says for the mother to see jail time, prosecutors will have to prove that she left the firearm out in a way that showed disregard for human life.

“How was the weapon secured? The family, through the attorney, indicated that it had been secured somehow, though the child got the weapon. And so the answer to that question is going to determine everything that occurs in this case,” said Lorello.

Newport News prosecutors have submitted a petition to empanel a special grand jury to a Circuit Court judge.

Recently obtained court documents reveal details of what prosecutors want the special grand jury to look into and the circumstances of their duties.

Lorello says special grand juries are rare, and give the 11 jurors the power to subpoena documents and witnesses without probable cause.

“In order for the police to get access to that type of information, they have to issue a search warrant. And in order to get a search warrant, they have to have probable cause that a crime occurred or may have occurred,” said Lorello. “You don’t have to have that probable cause standard. If you’re a special grand jury, you just have to be impaneled.”

In their petition to empanel a special grand jury, prosecutors say jurors will, “investigate and report on any condition that involves or tends to promote criminal activity, and to consider bills of indictment related to such criminal activities.” Criminal activities include security failures that “contributed” to the shooting, according to the petition.

serve six-month terms.

Richneck Elementary shootingAbby ZwernerAbby ZwernerScene outside Richneck Elementary School in Newport NewsAbby ZwernerAbby ZwernerAbby ZwernerAbby ZwernerAbby Zwerner By: Penny Kmitt , Madeline MillerPosted at 10:48 AM, Apr 11, 2023 and last updated 5:13 PM, Apr 11, 2023 NEWPORT NEWS, Va. — On January 6, a 6-year-old boy at Richneck Elementary School shot his first-grade teacher, Abby Zwerner.

Now, over three months after the shooting, the boy’s mother is facing charges and Newport News prosecutors have asked for a special grand jury to look into the incident.

TIMELINE: Everything we know about the shooting at Richneck and the aftermath

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On Monday, April 10, the Newport News Commonwealth’s Attorney Howard Gwynn confirmed that a grand jury indicted the boy’s mother, 25-year-old Deja Taylor of Newport News. Taylor has been charged with felony child neglect and a misdemeanor count of recklessly leaving a firearm as to endanger a child, according to Gwynn.

“These are the two charges that I think that we expected,” said Mario Lorello, Hampton Roads attorney and legal expert.

Lorello says for the mother to see jail time, prosecutors will have to prove that she left the firearm out in a way that showed disregard for human life.

“How was the weapon secured? The family, through the attorney, indicated that it had been secured somehow, though the child got the weapon. And so the answer to that question is going to determine everything that occurs in this case,” said Lorello.

Newport News prosecutors have submitted a petition to empanel a special grand jury to a Circuit Court judge.

Recently obtained court documents reveal details of what prosecutors want the special grand jury to look into and the circumstances of their duties.

Lorello says special grand juries are rare, and give the 11 jurors the power to subpoena documents and witnesses without probable cause.

“In order for the police to get access to that type of information, they have to issue a search warrant. And in order to get a search warrant, they have to have probable cause that a crime occurred or may have occurred,” said Lorello. “You don’t have to have that probable cause standard. If you’re a special grand jury, you just have to be impaneled.”

In their petition to empanel a special grand jury, prosecutors say jurors will, “investigate and report on any condition that involves or tends to promote criminal activity, and to consider bills of indictment related to such criminal activities.” Criminal activities include security failures that “contributed” to the shooting, according to the petition.

Additionally, the petition says the special investigative grand jury is warranted to determine the following:

“The full scope of any criminal activity that occurred” and “the circumstances surrounding such activity.” Who is responsible for criminal activity or “omissions according to the law.” The petition says doing so will help determine who should face charges. “To make such other recommendations as necessary to remedy those security failures in the hopes that such a situation never occurs again.” The petition requests a grand jury comprised of 11 grand jurors who have been previously determined to fulfill this role. Prosecutors want the jurors’ term to be six months long.

James Ellenson, the attorney representing Taylor and the 6-year-old’s family, shared the following statement with us:

“I wish to thank the [Newport News] Commonwealth Attorney’s office for extending me the courtesy of informing us of the indictments that were returned by the Grand Jury today. My client will be turning herself in later this week. More details will follow.”

Court documents show that Taylor’s bond was set at $5,000.

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