By Eric Levenson, CNN
(CNN) — A Virginia circuit court judge on Thursday dismissed criminal charges against Ebony Parker, a former elementary school assistant principal, in a case connected to a 6-year-old boy who shot his teacher in January 2023.
Prosecutors had alleged Parker ignored warnings that the boy had a gun shortly before the shooting, but her defense argued the allegations were not criminal. Circuit Court Judge Rebecca Robinson agreed with the defense in dismissing the case.
“The court is of the legal opinion that this is not a crime,” she said.
Parker put her head down on the defendant’s table and appeared to be sobbing.
The case was dismissed with prejudice, meaning it cannot be brought to trial again, an official familiar with the ruling said.
The charges stem from the January 6, 2023, shooting at Richneck Elementary School in Virginia in which the child shot and wounded his first-grade teacher, Abby Zwerner. She survived.
Parker had pleaded not guilty to eight counts of felony child abuse and disregard for life – one for each bullet in the child’s gun. She faced up to five years in prison on each charge.
The charges alleged she committed “a willful act or omission in the care of such students, in a manner so gross, wanton and culpable as to show a reckless disregard for human life,” according to court documents.
Parker’s criminal trial is one of a number of cases in recent years that have tested the limits of who is responsible when a juvenile carries out a school shooting. Parents in Michigan and Georgia have been convicted of serious charges, while law enforcement officers accused of inaction in Parkland and Uvalde have been acquitted by juries.
Parker appears to be the first school educator to face trial in such circumstances.
Trial lasted just a few days
The precedent-setting trial began with opening statements Tuesday, and the prosecution called 16 witnesses in all, including school teachers, law enforcement officers and parents.
Several educators testified they told Parker about suspicions the child, who had a history of behavioral issues, had a firearm at school. Parker directed an educator to search the boy’s backpack, but she recommended against searching the child’s pockets until his mother came to the school, according to testimony.
“There was only one person in the school that day that had both the authority to act and the knowledge of the ongoing crisis, and that person you will see was Dr. Parker,” Assistant Commonwealth Attorney Josh Jenkins said in opening statements.
In contrast, Parker’s defense flipped the case on its head and accused the teachers, including Zwerner, of being the ones who failed to take proper action to protect students.
“If the commonwealth wants to accuse Dr. Parker, what about these other people that had direct contact with this child?” defense attorney Curtis Rogers said.
The prosecution rested its case Wednesday. On Thursday morning, prior to presenting its own evidence, the defense asked the judge to dismiss the case, saying the prosecution had not established a crime had occurred.
Speaking from the bench, the judge said the legal basis for the charges was unclear. Judge Robinson said she was not sure if the charges were connected to the unfired bullets in the gun, the children in the class, their psychological trauma afterward, or Parker’s knowledge of the child’s prior issues.
“The court is unclear. As previously stated, those legal theories do not fit the plain reading of the statute,” she said. “Therefore, I do grant the defense motion to strike in whole on all counts.”
The dismissal in the criminal case is a stark change from the results of a similar civil case. Last November, a civil jury awarded Zwerner $10 million in a lawsuit alleging Parker failed to act on concerns that the student had brought a gun to school. Parker has filed an appeal in that case.
The boy had taken the unsecured gun from his mother’s purse and brought it to school in his backpack, officials have said. His mother, Deja Taylor, pleaded guilty to a state charge of felony child neglect and federal gun charges related to the incident. She served multiple years in custody and was released last week.
Prosecutors have said the boy, who has “extreme emotional issues,” will not be criminally charged.
This story has been updated with additional information.
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