The chief prosecutor in Newport News, Va., says there is no legal basis to charge a 6-year-old who shot his teacher in January.
Adults involved in the incident may yet be charged, prosecutor Howard Gwynn said Wednesday.
The “prospect that a 6-year-old can stand trial is problematic,” he told NBC News, adding that he believes a child that age would not be able to comprehend the consequences at stake or the intricacies of the legal system.
The child blasted his his 25-year-old teacher Abigail Zwerner at Richneck Elementary School with a 9-mm. handgun on Jan. 6.
The victim was wounded in the hand and chest, but managed to help roughly 20 students exit the classroom safely. A day earlier, the boy received a one-day suspension for allegedly breaking Zwerner’s cell phone.
Prior to the shooting, three teachers reportedly went to the school’s administration to share their concerns about the boy’s behavior — including rumors that he had a gun on campus.
Zwerner’s attorney Diane Toscano called the shooting was “entirely preventable,” but the administration failed to act in time. A notice for intent to sue was filed on the teacher’s behalf.
Since the shooting, the school has installed metal detectors on its campus and fired its superintendent and assistant principal.
The boy is now getting the “treatment he needs” after the court ordered his detention at a nearby medical facility, according to his parents.
The gun used in the incident was legally purchased by his mother, police said.
The family claimed the gun had been “secured” in their home, adding that they have “always been committed to responsible gun ownership and keeping firearms out of the reach of children.”
Gwynn says there is currently no timetable for when charges might be brought against any adults involved.
“We have to make our decision based on our ability to prove beyond a reasonable doubt a crime occurred,” the prosecutor said.