NEWPORT NEWS, VA - On Thursday, October 30, Abigail Zwerner, the former first-grade teacher who was shot by her six-year-old student at Rickneck Elementary School in January of 2023, took the stand to testify.
Monday, November 3, marked the fifth day in the ongoing $40 million civil trial involving Zwerner, which alleges that then assistant principal Ebony Parker ignored warning signs that the six-year-old student had a gun on the day of the shooting, WAVY reported.
On Monday, the defense is set to start calling witnesses to the stand. The jury first heard from Dr. Leigh Hagan, an expert witness for Parker, CNN reported. Hagan, a board-certified forensic and clinical psychologist, testified that he reviewed extensive records to assess whether proper forensic standards were followed in forming mental health opinions for the court.
On Thursday, October 30, forensic psychiatrist Dr. Clarence Watson, who has been treating Zwerner since the shooting, was the first person to take the stand that morning. He told the court that Zwerner has nightmares of the shooter finding her and shooting her again. "She's had dreams about being in the school trying to escape the kid and he finds her and shoots her," Watson said.
Since the shooting, he has diagnosed her with post-traumatic stress syndrome (PTSD). After a short break, Zwerner began her testimony around 11:30 a.m. When counsel questioned her on what she recalls thinking after the gunshot, she said, "I thought I was dying, I thought I had died. I thought I was on the way to heaven."
She also shared the expression she observed on the child's face. "The look on the student's face was like a very blank look," Zwerner said. The former teacher was also cross-examined and questioned more on her actions that day. The defense asked Zwerner why she didn't alert authorities herself after she was made aware by another staff member that the child possibly had a weapon.
Zwerner maintained her stance that she was sure that same staff member alerted Parker, and that she believed Parker was handling the situation. "I didn't think twice. I thought an administrator wouldn't think twice either," Zwerner said. Following her testimony, the courtroom went to another break.
After they returned from that break, the defense was supposed to call its first witness. That witness was supposed to be retired Newport News Sheriff's Office Corporal Thomas Blythe, who testified Wednesday. Zwerner's team found fault in the defense wanting to recall Blythe back to the stand.
"You don't get to put on an officer and a videotape when you failed to do it in the proper cross examination process," Zwerner's attorney Jeffrey Breit said.
Parker's attorneys disagree. They believed that Blythe would be able to answer questions regarding the demeanor and actions of other staff members on January 6, 2023. They say it shouldn't be only their client's actions under scrutiny. "They need to establish indifference, not inadequacy," Parker's attorney Daniel Hogan said.
"There's the searching of the backpack that demonstrates that there was some exercise of some degree of care," he added. At one point, Zwerner's team even called for former assistant principal Parker to take the stand herself. "Let the defendant take the stand and explain what she heard or didn't hear," Breit said.
Judge Matthew Hoffman decided to not have Blythe take the stand again on Thursday, but he did not rule out the possibility of him taking the stand after some of the defense's expert witnesses. Those expert witnesses are expected to be in town Monday, November 3, when court proceedings resume.
During day three of the trial, jurors were shown body camera footage of the moments right after the shooting, capturing paramedics working to save Zwerner's life. Jurors were also shown images of the gun the six-year-old used as well as the classroom in which Zwerner was shot.
On Wednesday, an education expert, Ann Shufflebarger, also took the stand to share her opinion of the situation. "Those staff members took it upon themselves to ask if they could check his person, and they were told, 'No, mom's coming in a little bit, you don't need to check at that time,'" Shufflebarger said. "In my mind, that's a failure to act."
There is an upcoming criminal case against Parker as well. She faces eight counts of felony child neglect in a criminal trial that starts next month. The mother of the child who shot Zwerner has been sentenced to two years in prison for child neglect. The school board voted out the superintendent and the principal was reassigned to another school.
Monday, November 3, marked the fifth day in the ongoing $40 million civil trial involving Zwerner, which alleges that then assistant principal Ebony Parker ignored warning signs that the six-year-old student had a gun on the day of the shooting, WAVY reported.
On Monday, the defense is set to start calling witnesses to the stand. The jury first heard from Dr. Leigh Hagan, an expert witness for Parker, CNN reported. Hagan, a board-certified forensic and clinical psychologist, testified that he reviewed extensive records to assess whether proper forensic standards were followed in forming mental health opinions for the court.
On Thursday, October 30, forensic psychiatrist Dr. Clarence Watson, who has been treating Zwerner since the shooting, was the first person to take the stand that morning. He told the court that Zwerner has nightmares of the shooter finding her and shooting her again. "She's had dreams about being in the school trying to escape the kid and he finds her and shoots her," Watson said.
Since the shooting, he has diagnosed her with post-traumatic stress syndrome (PTSD). After a short break, Zwerner began her testimony around 11:30 a.m. When counsel questioned her on what she recalls thinking after the gunshot, she said, "I thought I was dying, I thought I had died. I thought I was on the way to heaven."
She also shared the expression she observed on the child's face. "The look on the student's face was like a very blank look," Zwerner said. The former teacher was also cross-examined and questioned more on her actions that day. The defense asked Zwerner why she didn't alert authorities herself after she was made aware by another staff member that the child possibly had a weapon.
Zwerner maintained her stance that she was sure that same staff member alerted Parker, and that she believed Parker was handling the situation. "I didn't think twice. I thought an administrator wouldn't think twice either," Zwerner said. Following her testimony, the courtroom went to another break.
After they returned from that break, the defense was supposed to call its first witness. That witness was supposed to be retired Newport News Sheriff's Office Corporal Thomas Blythe, who testified Wednesday. Zwerner's team found fault in the defense wanting to recall Blythe back to the stand.
"You don't get to put on an officer and a videotape when you failed to do it in the proper cross examination process," Zwerner's attorney Jeffrey Breit said.
Parker's attorneys disagree. They believed that Blythe would be able to answer questions regarding the demeanor and actions of other staff members on January 6, 2023. They say it shouldn't be only their client's actions under scrutiny. "They need to establish indifference, not inadequacy," Parker's attorney Daniel Hogan said.
"There's the searching of the backpack that demonstrates that there was some exercise of some degree of care," he added. At one point, Zwerner's team even called for former assistant principal Parker to take the stand herself. "Let the defendant take the stand and explain what she heard or didn't hear," Breit said.
Judge Matthew Hoffman decided to not have Blythe take the stand again on Thursday, but he did not rule out the possibility of him taking the stand after some of the defense's expert witnesses. Those expert witnesses are expected to be in town Monday, November 3, when court proceedings resume.
During day three of the trial, jurors were shown body camera footage of the moments right after the shooting, capturing paramedics working to save Zwerner's life. Jurors were also shown images of the gun the six-year-old used as well as the classroom in which Zwerner was shot.
On Wednesday, an education expert, Ann Shufflebarger, also took the stand to share her opinion of the situation. "Those staff members took it upon themselves to ask if they could check his person, and they were told, 'No, mom's coming in a little bit, you don't need to check at that time,'" Shufflebarger said. "In my mind, that's a failure to act."
There is an upcoming criminal case against Parker as well. She faces eight counts of felony child neglect in a criminal trial that starts next month. The mother of the child who shot Zwerner has been sentenced to two years in prison for child neglect. The school board voted out the superintendent and the principal was reassigned to another school.
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