NEWPORT NEWS, Va. (WAVY) — In an exclusive interview with NewsNation affiliate WAVY, the attorneys representing Richneck Elementary School teacher Abby Zwerner, who was shot more than a year ago by a 6-year-old student, say they found a number of things appalling in a special grand jury report made public Wednesday.
The report noted security and administrative failures leading up to the boy shooting Zwerner.
WAVY met them at the Toscano Law Group law office to discuss the just released special grand jury report, covering a lot of issues on how this criminal case will possibly pave the road map for holding school officials responsible for what goes on in the school during the school day.
They spoke about what they found appalling in what the special grand jury report uncovered — the lack of care in the administration office after Zwerner had been shot and the grand jury report describing what was not done to show direction in time of crisis.
“One of the things that jumped out to me was the fact there are missing files, discipline files for the shooter,” said attorney Diane Toscano. “As well as reading the second bullet in the gun had jammed, I found that to be quite alarming. To think what would have happened that day — it could have been more tragic than what we saw.”
WAVY asked if they are alleging a cover up, which the special grand jury wants to be continued investigated.
“I think the cover up is evident in the special grand jury’s report,” said attorney Kevin Biniazan, “and what we allege with in our case will ultimately be revealed though the facts and discovery in our own case the civil case.”
Both attorneys spoke about what appears to be cover up in the special grand jury report.
“There is a volume of information that should be maintained and kept, and so that investigation full and complete and transparent, and that does not seem to have taken place,” Biniazan said.
The special grand jury seemed to agree.
“Recommendation 9: There should be a continuing investigation, the missing files and comments to determine if Dr. Parrott and/or other parties should be charged with obstruction of justice.”
The attorneys also agree the report shows how woefully ill-prepared the school administration was to deal with what happened. Including no school resource officer,
“The absence of a full time SRO at each school is shocking to me,” Biniazan said.
Said Toscano: “The buzzer at the door was not working, and there were police there who waited a full minute before they could access the premises.”
They spoke about how this case could be a precedent for holding school officials responsible for what goes on during the school day.
“Under the facts and circumstances of this case, it seems as though there were clear and obvious acts that should have been taken that could have prevented the shooting of Ms. Zwerner,” Biniazan said.
And they think how much worse this could have been one bullet fired,
“I knew there had been bullets in the magazine, but I did not know the gun had jammed,” Toscano said. “Obviously, the child tried to pull the trigger again.”
Said Biniazan: “Thinking about the children [that] were in the building and reading about the fact the gun jammed, how many could have been harmed that day?”
One of the most disturbing parts of the report, after the shooting, was how people who sought protection were apparently thwarted by Principal Briana Foster-Newton (Foster) and Assistant Principal Dr. Ebony Parker, as each locked themselves in their office.
Zwerner’s attorneys were struck by how the special grand jury report shows that they locked themselves in their office while people were outside their door unprotected — “there was a boy shuffled between a copier and wall,” Biniazan said.
“Zwerner walked from her classroom, down the hall and into the main office where she passed out in front of Ms. Foster’s door,” the grand jury report states. “Ms. Foster opened the door, saw Ms. Zwerner, and shut the door again, telling the two kids in her office to get into the bathroom. Ms. Foster then emerged from her office while the grandmother applied pressure with a rag to Ms. Zwerner’s wound until the paramedics arrived.
Neither Foster nor Parker rendered aid to Zwerner. The report emphasizes some disagree with that assessment of Foster and Parker but “the grand jury finds that the most credible testimony was that Dr. Parker and Ms. Foster acted in the manner described above.”
Said Toscano: “Abby made it right to the office. It was a miracle she went from her classroom to the office before passing out.”
Both attorneys seem comfortable with what they’ve been portraying as the truth to then have it backed up by the special grand jury report.
“There is definitely a pattern of a lack of action,” Toscano said, “and you can see that throughout the entire grand jury report from the beginning to the end, leading up to Jan. 6, on Jan. 6 and after Jan. 6.”
WAVY asked Toscano how Abby is doing.
“It’s a roller coaster for her some days,” Toscano said. “She is trying to keep up and doing the best she can. Every day is different.”
