Virginia teacher Abby Zwerner was shot by 6-year-old as she tried to confiscate gun
Abby Zwerner, 25, was shot about 2 p.m. Friday at Richneck Elementary School in Newport News, Va. She was listed in serious but stable condition at Riverside Regional Medical Center, the paper reported.“She was going to confiscate it — and that’s when he shot.”The 6-year-old has been taken into custody after the shocking incident, which Police Chief Steve Drew said resulted from a fight and was “not an accidental shooting.
Gregory said she found out about the shooting when a neighbor asked her if she saw a report on TV. When she was finally reunited with her son, she said “you could tell on his face what he was going through. He was a deer in the headlights.” Andrew Block, an associate professor at the University of Virginia School of Law, said it is unlikely the shooter could be prosecuted even though there is no minimum age for being charged with a crime in Virginia.“As a practical matter, it would be next to impossible to prosecute a 6-year-old, no matter how serious.”“The bigger barrier, presuming the prosecution could overcome that, is all defendants have to be competent to stand trial.
He cited the “infancy defense,” in which people under age 7 do not have the ability or mental state to form the intent to commit a crime.“That means you have to understand the nature of legal proceedings against you and assist in your own defense. There’s no way a 6-year-old would meet that criteria,”
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