Defense rests after calling witnesses on Day 5 of Abby Zwerner's Richneck shooting trial

NEWPORT NEWS, Va. — The $40 million civil lawsuit trial brought by Abigail Zwerner, the former Richneck Elementary School teacher who was shot by her 6-year-old student on Jan. 6, 2023, is winding down after the defense rested their case on Monday.

Former Assistant Principal Ebony Parker is the sole defendant remaining in the lawsuit, which claims negligence in preventing the incident. Zwerner's legal team, led by Diane Toscano, will have to prove that the actions or inaction of Dr. Parker — who reportedly was aware that the student may have had a gun — led to Zwerner's shooting. Counsel for NNPS and Parker are seeking to prove that the tragedy was unavoidable.

Previous coverage: Abby Zwerner testifies & faces cross examination on Day 4 of Richneck shooting trial

On Monday, Parker's attorneys brought forward two key witnesses: a forensic and clinical psychologist and a defense/school safety expert. The defense worked to prove Parker's alleged innocence by arguing that discipline is the initial responsibility of the teacher — not an administrator. This comes after several Richneck staff members who took the stand last week testified that they reported a child possibly having a gun to Parker.

During cross examination, Zwerner's attorneys pressed witnesses about the risk of a child having a gun. They aimed to reinforce their argument on how they believe — in this case — Parker is responsible for ignoring warnings that the child a gun. Yet, Dr. Amy Klinger a school safety expert, stressed on the stand that no one is the sole person responsibility for school safety and everyone has a role.

"I think the actions of everyone involved indicate that they were doing an analysis, but yet that they did not perceive this to be a plausible, imminent threat — both the behaviors, as well as the actions — because it is a 6-year-old having access to a weapon and bringing it to school. And it is largely unthinkable," said Dr. Klinger.

Previous coverage: Abby Zwerner's twin sister gives emotional testimony on day 3 of Richneck lawsuit

Zwerner's team rested last Thursday after three days of calling witnesses to the stand. Notable testimony was provided by Richneck Elementary employees who were there when the shooting happened, first responders, medical professionals who treated Zwerner's injuries, Zwerner's twin sister and mother, and Zwerner herself.

"The moment went by very fast," the now 28-year-old Zwerner testified last Thursday. "The look on the student's face is a large memory that I have. I do remember. It was like a very blank look but it wasn’t a blank look at all on his face.”

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Closing arguments are expected Wednesday and the trial is expected to wrap Thursday.

If Zwerner's suit is successful in awarding her all or some of the $40 million, Newport News Schools' insurance authority would be liable to pay out the money.