Jury’s $10 million award to teacher shot by 6-year-old could weigh on school administrator’s criminal case
NEWPORT NEWS, Va. -- A civil jury’s decision this week to award $10 million to a former teacher shot and wounded by a 6-year-old student could weigh against the ex-assistant principal who now faces a criminal trial over the 2023 incident, legal experts said.
Teacher Abby Zwerner sued then-administrator Ebony Parker for not doing enough to prevent the shooting at Richneck Elementary School in Newport News, Virginia. Zwerner still feels the effects of bullet wounds to her chest and hand, she testified in the civil trial at which her pain and suffering took center stage.
Parker’s criminal trial, due to start November 17, will look at the same basic facts as the civil one but likely will focus on accusations Parker failed to heed warnings the child had a gun at school, said Darryl K. Brown, a law professor at the University of Virginia. Parker faces eight felony counts of child neglect, one for each bullet in the gun the student used.
While criminal prosecutors must meet a higher bar, asking a jury to decide on guilt “beyond a reasonable doubt,” the civil award could give them a measure of leverage, Brown said.
Both cases are apt to serve as models for how to prevent the kind of school shootings still plaguing the nation and could set legal precedent for who shoulders the blame when children have access to guns and open fire on campus.
Here’s a look at the civil trial and what could come next:
How criminal case could be different
Prosecutors in the criminal trial will have to convince all 12 jurors that Parker is guilty beyond a reasonable doubt, whereas civil cases typically require a plaintiff only to prove their claims are more likely valid than not and do not always require unanimous jury decisions, legal experts said.
“That’s very much a higher standard,” CNN legal analyst Joey Jackson said of the criminal standard of proof. “You have to demonstrate that certainly what she did was beyond significant, and as a result of what she did, it led to these injuries.”
Additionally, the central question for the criminal jury will be whether Parker’s failure to act was so wanton that it showed disregard for human life, Brown said.
But the case might not even go a jury, the professor added, indicating the close of the civil trial might result in a plea deal in the criminal one.
While the civil award was only a fraction of the $40 million Zwerner had asked for, “it’s a really big fraction,” Brown said.
“This is bad news for the defendant, for sure,” he said of the award. “I would expect that … this would trigger plea negotiations. … The civil jury verdict really strengthens the prosecution’s hand in those negotiations.”
While the award could influence Parker to plead guilty, her loss in the civil suit won’t be admissible as evidence in the criminal proceeding. And Parker is likely to appeal, Jackson said; her attorneys have declined to comment to CNN.
More central to Parker’s considerations heading into the criminal trial could be the “very significant prison time” she would face if convicted, Brown said.
“The criminal liability is a lot more important to her, not just because freedom is more important than money but because she’s probably not the one who’s going to pay most of the money; the insurance company will probably cover any damages that are eventually affirmed on appeal,” the professor said.
Holding civil cases before criminal ones is “really unusual,” but it could offer a window to what’s to come in next proceeding, Brown said. “Defendants can waive their right to a speedy trial, and I suspect that’s what happened here.”
“I suspect the defense would want the civil trial to go forward first because they’re not going to be able to avoid it, and it gives them a lot of information about what would come in at the criminal trial,” he added.
Grounds laid for a civil court appeal
Before the judge handed the case to the jury Wednesday, the defense argued a statement by one of Zwerner’s attorneys that Parker did not testify in her defense could be seen as prejudicial by the jury.
The defense asked for a mistrial, which “would have been an extreme circumstance,” Jackson said, but only got an instruction telling jurors to disregard the comment as they considered their verdict.
The move signals Parker will “most certainly appeal” the jury’s decision, Jackson said Thursday.
Attorneys for Zwerner and Parker are due to meet Friday morning for post-trial motions. Parker can appeal the verdict after the court enters a final judgment in the case.
“I think (the verdict) says that what happened at Richneck Elementary School that day was wrong and is not going to be tolerated,” Diane Toscano, one of Zwerner’s lawyers, said outside the courthouse after the verdict was read. “Safety has to be the first concern at schools.”
Parker did not breach professional standards, violate protocols or act with indifference, Amy Klinger, an expert in education administration and school safety, testified for the defense, saying it would have been difficult for anyone to foresee the incident.
Parker’s legal counsel was provided by the Virginia Risk Sharing Association, the school district’s insurance pool, according to Toscano Law Group, one of the firms representing Zwerner.
As an insurance company, VRSA hypothetically would pay any damages awarded in litigation, a spokesperson told CNN’s Jean Casarez.
How this case could serve as model
This case could serve as a model for school districts and lawyers looking to assign responsibility after school shootings, Brown said.
While some parents have been prosecuted for allowing children access to weapons used in school shootings – including in this case – Brown was not aware of another in which a school official had been convicted for failing to intervene.
“There are likely to be future prosecutions in other jurisdictions in other states on the same theory,” said Brown.
“Unfortunately, we have a lot of school shootings in this country, and so there’s going to be other schools in other cities and states that, sooner or later, are going to have some relatively similar case,” he said.
“I would expect to see more training and just more diligence on the part of school officials in trying to prevent these kinds of tragedies.”
CNN’s Chris Boyette contributed to this report.
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