Abigail Zwerner Testifies: ‘I Thought I Was Dead’ After Being Shot by 6-Year-Old Student

Emotional Testimony Details Aftermath of Richneck Elementary Shooting

In powerful testimony delivered to a civil jury, former Virginia first-grade teacher Abigail Zwerner recounted the terrifying moments after she was shot by a 6-year-old student in her classroom at Richneck Elementary School in Newport News on January 6, 2023. Zwerner told jurors that immediately following the shooting, she believed she was dying.

The highly anticipated testimony is central to Zwerner’s ongoing $40 million civil lawsuit against the Newport News Public Schools system and several former administrators. The case hinges on claims of gross negligence, alleging that school officials ignored multiple, explicit warnings that the young student was armed and posed an immediate threat on the day of the incident.

Zwerner’s account provided a harrowing look at the administrative failures that she claims led directly to her life-threatening injuries, focusing the trial not just on the tragedy itself, but on the systemic breakdowns in school safety protocols.

The Day of the Shooting: Ignored Warnings and Administrative Failure

The civil lawsuit alleges that the shooting was preventable, citing a series of warnings given to school administrators in the hours leading up to the attack. Zwerner testified that she and other staff members repeatedly alerted administrators about the student’s erratic behavior and the possibility that he had brought a firearm to school that morning.

According to the allegations presented during the trial, school officials, including former Superintendent Dr. George Parker III and former Richneck Assistant Principal Ebony Parker, were made aware of the danger but failed to act decisively. The warnings allegedly included:

• Zwerner’s Own Concern: Zwerner told an administrator that the student seemed agitated and had threatened to light her on fire and kill her family the previous semester.
• Staff Alerts: At least three other staff members reported concerns that the student had a gun in his possession.
• Specific Location Tip: One staff member reported that the student had shown the gun to another student during recess and had placed it in his backpack.

In one particularly damning piece of testimony, Zwerner detailed how one administrator allegedly dismissed a warning about the gun, stating that the student had “small pockets” and couldn’t possibly conceal a weapon.

The Plaintiff’s Account: ‘I Thought I Was Dead’

During her testimony, Zwerner described the moment the student fired the weapon, striking her in the left hand and chest. She described the immediate aftermath with chilling clarity, stating she was overwhelmed by the severity of her injuries.

“I thought I was dead,” Zwerner testified. “I thought I was on my way to heaven.”

After being shot, Zwerner managed to usher the remaining students out of the classroom to safety before collapsing. She recounted the chaotic scene, emphasizing the pain and the immediate realization that her life was in peril.

Severe Injuries and Ongoing Recovery

The injuries sustained by Zwerner were catastrophic. The bullet passed through her hand and lodged in her chest, necessitating extensive medical intervention. She has undergone four separate surgeries since the incident to address the damage to her hand and chest.

Beyond the physical trauma, Zwerner detailed the profound psychological toll the shooting has taken, including post-traumatic stress disorder (PTSD), anxiety, and depression. Her testimony underscored that the recovery process is far from over, highlighting the permanent impact of the event on her life and career.

The $40 Million Lawsuit: Gross Negligence Claims

The core legal argument in Zwerner’s lawsuit is that the school board and administrators were grossly negligent, meaning their conduct was so reckless or careless that it demonstrated a complete disregard for the safety of others. This is a crucial distinction from ordinary negligence.

Overcoming Legal Hurdles

Initially, the Newport News School Board attempted to block the civil suit, arguing that Zwerner’s injuries fell under the purview of Virginia’s worker’s compensation system. Worker’s compensation typically provides limited benefits (covering medical costs and lost wages) but prevents employees from suing their employers for negligence.

However, the Virginia Supreme Court ruled in Zwerner’s favor, allowing the civil lawsuit to proceed. The court determined that the school board’s alleged conduct—specifically, ignoring multiple, explicit warnings about an armed student—could constitute gross negligence, which is an exception to the exclusive remedy provision of worker’s compensation law.

Legal Precedent and Implications

This case has significant implications for school districts across the country. A successful verdict for Zwerner would set a powerful precedent, affirming that school administrators can be held personally and institutionally liable for gross negligence when they fail to act on credible threats of violence. It reinforces the duty of care owed by educational institutions to their staff and students.

For the jury, the central question is whether the administrators’ actions—or lack thereof—crossed the threshold from poor judgment into deliberate indifference or reckless disregard for safety.

Key Takeaways

The civil trial of Abigail Zwerner vs. Newport News Public Schools is a landmark case centered on accountability and school safety. Key points from the ongoing proceedings include:

• Emotional Impact: Zwerner’s testimony provided a vivid, painful account of the shooting, emphasizing her belief that she was dying in the immediate aftermath.
• Gross Negligence Focus: The $40 million lawsuit is predicated on the claim that administrators were grossly negligent by ignoring multiple warnings about the armed student.
• Legal Victory: The Virginia Supreme Court allowed the civil suit to proceed, bypassing the standard worker’s compensation limits due to the severity of the negligence claims.
• Physical and Psychological Toll: Zwerner suffered four surgeries and continues to battle severe physical and psychological trauma, including PTSD.

Conclusion

Abigail Zwerner’s testimony brings the human cost of administrative failure into sharp focus. By detailing the fear, the pain, and the long-term consequences of the shooting, she is seeking not only financial compensation but also accountability for the systemic failures that allowed a 6-year-old child to bring a loaded firearm into a first-grade classroom. The outcome of this civil trial will likely influence how school districts handle credible threats and prioritize staff and student safety in the future, setting a critical benchmark for administrative responsibility in educational environments.

What’s Next

The civil trial is expected to continue with testimony from former administrators and expert witnesses. The jury will ultimately determine whether the evidence presented meets the high legal standard required to prove gross negligence against the school system and its former leadership. A verdict is anticipated in the coming weeks of 2025, which will conclude this pivotal chapter in the legal battle for accountability.