NEWPORT NEWS — The trial of a lawsuit against a former assistant principal at Richneck Elementary School got underway Monday, with seven jurors and two alternates selected to hear the case.
Abby Zwerner, a former first grade teacher at the school, was shot by a 6-year-old student on Jan. 6, 2023.
Zwerner, now 28, is suing former assistant principal Ebony Parker, asserting that she failed to heed several clear warnings that the boy had a gun in school that day. Her lawsuit is asking for $40 million in damages for the emotional and physical toll from the shooting. Her attorneys made clear Monday that they are planning to ask for that number.
The trial at Newport News Circuit Court will be broadcast in its entirety by Court TV. The coverage will begin with opening statements Tuesday and is slated to run until the final verdict next week. It will also be available on Court TV’s YouTube page.
Attorneys from each side and Circuit Court Judge Matthew W. Hoffman began whittling a panel of 48 jurors at about 11 a.m., arriving at nine at about 5:30 p.m.
Police responded to a shooting that injured teacher Abigail Zwerner at Richneck Elementary in Newport News, Virginia on Jan. 6, 2022. (Billy Schuerman / The Virginian-Pilot)While it appeared that virtually all of the would-be jurors had heard about the Richneck school shooting before this week, candidates were weeded out if they had formed a strong opinion on the case.
Some, for example, said they believed, based on media accounts from “the rumor mill” that Parker should have done more to stop the shooting. Another was excused because he thought an administrator shouldn’t be held responsible.
After 17 jurors were deemed qualified to serve, the sides were allowed to cull four each to reach the final nine.
Near the end of the selection process, an attorney for Parker asked for a sidebar, with the attorneys and judge huddling for several minutes.
He later made a motion that he was making a Batson challenge, asserting that Zwerner’s attorneys struck a Black juror as one of their four final strikes for no other reason than his race. A lawyer for Zwerner, Kevin Biniazan, noted that the man was the only Black candidate that they struck in their final strikes.
Hoffman denied the challenge.
The panel of nine includes five Black jurors, three white jurors and one of mixed race
The jury alternates are not known ahead of time. Hoffman said he would wait until the end of the case to draw two of the jurors by chance to remove from the panel that will enter into deliberations to decide the case.
Opening statements will begin at 9 a.m. Tuesday.
Peter Dujardin, 757-897-2062, pdujardin@dailypress.com
