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Virginia prosecutors have largely decided it would be too “problematic” to criminally charge the Virginia first-grader who blasted his teacher in front of his classmates earlier this year — but have yet to decide whether they will hold his parents criminally liable.
There is likely no legal basis to charge the 6-year-old because he wouldn’t have the competency to understand the legal system or the magnitude of the charges, Newport News Commonwealth’s Attorney Howard Gwynn told NBC News.
The “prospect that a 6-year-old can stand trial is problematic,” the city prosecutor said.
The boy’s parents, however, could find themselves facing charges if the evidence proves the 9mm handgun was not secured when their son brought it to Richneck Elementary School on Jan. 6 and fired on 25-year-old Abigail Zwerner.
One Virginia law prohibits leaving a loaded gun where it is accessible to a child under 14, a misdemeanor crime punishable with a maximum one-year prison sentence and a $2,500 fine.
