Virginia Teacher Awarded $40 Million After Being Shot by Six-Year-Old Student

A Virginia jury has awarded first-grade teacher Abby Zwer $40 million after she was shot by her six-year-old student, JT, in January 2023. Zwer had filed a lawsuit against her school board, the superintendent, the principal, and the assistant principal, Dr. Ebony Parker, alleging negligence in handling the student’s prior behavioral issues and failing to prevent the incident. The jury ultimately sided with Zwer, concluding that school administrators could have taken steps to prevent the shooting.

The incident began with a series of escalating behavioral concerns from JT, a student with a history of aggression and learning difficulties. Just days before the shooting, JT had thrown Zwer’s cell phone, cracking the screen. According to court testimony, Zwer immediately removed JT from the classroom and reported the incident to the school authorities. JT was suspended for a single day and returned to school on January 6, 2023. Despite an initial apology from JT and his mother, reports quickly surfaced that he had resumed aggressive behavior.

During lunch on January 6, Zwer went to Dr. Parker’s office to report JT’s threatening behavior toward a kindergartner and his aggression toward the school’s security officer. The school’s reading specialist, Amy Kovac, was present during this meeting and later corroborated Zwer’s account. Kovac testified that Dr. Parker appeared unresponsive during the discussion and did not take immediate action. Dr. Parker reportedly told Zwer she was free to contact JT’s mother regarding his behavior, leaving the responsibility largely in Zwer’s hands.

After Zwer left to pick up her students from lunch, she observed that JT had put something in his jacket pocket, raising further concern. Kovac followed Zwer’s instructions and checked JT’s bag, but the contents of his pocket went unchecked. Zwer repeatedly reported her observations to Dr. Parker, highlighting that JT was potentially carrying a weapon. Despite these warnings, Dr. Parker did not authorize a search of JT’s person.

The school’s protocol required teachers and staff to report any suspected weapon on campus to an administrator. Following the lunch period, Zwer’s colleague, Miss West, encountered a visibly shaken student, R, who disclosed that JT had a gun. Miss West promptly contacted the school office, where Mr. Sims, another administrator, relayed that Dr. Parker had confirmed the backpack had been checked. Mr. RS, the school counselor, also attempted to intervene by seeking permission from Dr. Parker to search JT. According to testimony, Dr. Parker denied the request, citing the student’s plan and suggesting they wait until JT’s mother arrived to conduct any further checks.

Court testimony indicated that this was at least the third instance in which multiple staff members directly alerted Dr. Parker about the potential weapon. Zwer’s attorneys emphasized that these repeated warnings—by at least three individuals—constituted negligence, and the assistant principal’s inaction directly contributed to the shooting.

The shooting occurred at approximately 2:00 p.m., roughly 30 minutes before JT’s mother was scheduled to pick him up. According to Kovac, the chaos and fear leading up to the incident were palpable among staff and students, as multiple staff members had attempted to intervene but were restrained by administrative decisions. Zwer and other teachers testified that they had followed school protocol and reported concerns to Dr. Parker, but no preventive action was taken.

The lawsuit centered on the question of whether Dr. Parker and the school administration failed in their duty to protect students and staff from foreseeable harm. Evidence presented in court included witness testimony, timeline documentation, and firsthand accounts of Zwer and her colleagues. Jurors were asked to consider whether the assistant principal acted reasonably given the information presented about JT’s aggressive behavior and the potential presence of a weapon on campus.

Ultimately, the jury sided with Zwer, awarding her $40 million in damages. The verdict highlights the critical responsibility school administrators hold in ensuring student safety and responding promptly to credible threats. Legal experts note that the case sets a significant precedent, emphasizing the accountability of school staff who may be in a position to prevent violence but fail to act.

The case has sparked renewed discussion on school safety protocols, particularly regarding young children with behavioral challenges and the escalation of potential threats. Advocates argue that clear procedures, timely communication, and decisive action are essential to prevent tragedies, while opponents caution against over-policing young students. In this instance, the jury’s decision underscores the devastating consequences when warnings are not taken seriously.

As Zwer moves forward, the verdict serves as a sobering reminder of the stakes involved in school administration and the importance of proactive measures in protecting both students and educators from harm.