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Police: 6-year-old shoots teacher in Virginia classroom


Auburn85

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https://www.13newsnow.com/article/news/crime/mother-6-year-old-shot-richneck-elementary-teacher-plea-hearing/291-c27e0ebe-fdcd-4538-b493-7053b858fec9

 

 

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Plea hearing for Deja Taylor, mother of 6-year-old who shot Richneck Elementary teacher

July 14

 

NEWPORT NEWS, Va. — The mother of the 6-year-old student accused in the Richneck Elementary School shooting will have a plea hearing instead of a bench trial next month.

 

Deja Taylor is criminally indicted of felony child neglect and a misdemeanor charge of endangering a child by reckless storage of a firearm. Her bench trial was originally set for August 15 in Newport News Circuit Court, but on Friday, it was changed to a plea hearing on the same day.

A judge requested that Taylor's attorney, James Ellenson, submit paperwork for the plea by August 8.

Newport News police say her son shot first-grade teacher Abby Zwerner on January 6 inside her classroom at Richneck Elementary.

 

The charges came after an investigation by the Newport News Police Department and the city's Commonwealth's Attorney's Office. The office said it "determined that the facts and the law" support charges against Taylor for those two offenses.

 

Because of this change in hearings, Virginia Beach attorney and legal analyst Ed Booth said Taylor essentially waived her right to a trial.

 

"If you voluntarily give up your right to a trial, that's clear indication that there is going to be some kind of a plea of guilty," Booth explained.

 

Since the January shooting, Taylor told reporters she had the gun secured inside her home and she doesn't know how her son got ahold of her gun.

 

Investigators wrote in a "Statement of Facts" document regarding the search warrant they conducted that they found a firearm barrel lock inside the home, but they did not find a lockbox, a trigger lock, or a key to a trigger lock. 

 

Booth said the judge will look to review any evidence that Taylor is guilty of the charges she faces.

 

"Because there has to be, for a guilty plea, some support for the plea," Booth said. "The Commonwealth's Attorney will have, in better practice, a written statement in the Stipulation of Facts signed by the defendant, but at a minimum, an oral recitation of the facts that would support the proof of guilt on the charge beyond the fact that the defendant is choosing to enter a guilty plea."

 

Booth said it's still up in the air how Taylor and her attorneys plan to go about this new plea, but he said it can go a couple of different ways before the August hearing. 

"Once someone decides to enter a plea of guilty, they've either done so with an understanding of the CWA, in other words, what we call a plea bargain, or they may be pleading guilty in what people call 'straight up' in which they're going to accept responsibility and take their chances in what the sentence might be," Booth explained.

 

Following her indictment in April, she turned herself in at the Newport News City Jail but later posted $5,000 and was released on bond. 

 

Taylor is also facing federal firearm charges of illegally obtaining and possessing a firearm and making a false statement during the purchase of a firearm.

She pleaded guilty to the charges and is set to be sentenced on October 18.

 

Newport News Commonwealth's Attorney Howard Gwynn filed a motion to assign a special grand jury to this investigation to determine if anyone else should face charges related to the Richneck Elementary shooting.

 

In court Friday, Gwynn told 13News Now he is still waiting to hear back regarding a timeline of when the special grand jury would meet. 

 

 

 

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14 hours ago, Auburn85 said:

The mother lied on the gun application

Gun laws are great things until they get in the way of a Dem Pol, celebrities and their personal bodyguards, or the gated communities the elites live in, or drug addicts like Deja and Hunter, etc.

 

Edited by DKW 86
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https://apnews.com/article/teacher-shot-mother-deja-taylor-jail-7b864510dd53d303d6f3aab36f47393d

 

 

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Mother of 6-year-old who shot teacher in Virginia to remain free on bond after failing drug tests

 

NEWPORT NEWS, Va. (AP) — Despite multiple failed drug tests, a judge rejected a request by prosecutors Thursday to revoke the bond of the mother of a 6-year-old who shot his teacher in Virginia as she awaits sentencing on a federal weapons charge that she used marijuana while possessing a firearm.

U.S. Magistrate Judge Douglas Miller said during a hearing in U.S. District Court that Deja Taylor can remain free on bond despite the failed drug tests because she has made efforts to improve.

Taylor’s son used her gun to shoot teacher Abby Zwerner in her Newport News classroom in January. The first-grade teacher was seriously wounded and has endured multiple surgeries.

Taylor pleaded guilty in June to using marijuana while possessing a firearm. Authorities say she also lied about her drug use on a federal background check form when she bought the gun her son brought to school.

A judge had set an Oct. 18 sentencing date and released Taylor on bond under the conditions that she submit to drug tests and receive addiction treatment. But Taylor has twice tested positive for marijuana and once for cocaine, federal prosecutors wrote in a filing with the court this month. She also missed two drug tests and two drug treatment sessions, they said.

 

“These violations are serious and call into question the defendant’s danger to the community, respect for the law and this Court’s Orders,” Assistant U.S. Attorneys Lisa McKeel and Peter Osyf wrote.

James Ellenson, an attorney for Taylor, argued against incarceration, stating Taylor has made “substantial positive developments.”

She has taken four more drugs tests since Aug. 25, Ellenson said. And while they have been positive for marijuana, “the levels are decreasing and show that Ms. Taylor is abstaining from this drug,” Ellenson wrote in a court filing.

After the judge ruled Thursday that Taylor can remain free on bond, attorney Gene Rossi, who also represents Taylor, said she “has many challenges in her life, including her battle with addiction.”

“She is struggling, like millions of other citizens in the United States,” Rossi said. “We are hoping that the compassion that the judge showed her today will be repeated at her sentencing in October. Miss Taylor has incredible sympathy for the teacher who was shot by her 6-year-old boy.”

As part of a plea agreement in the case, prosecutors have agreed to ask the judge for a sentence of 18 months to 24 months in prison.

Marijuana is legal in many U.S. states, including Virginia. But it’s still a controlled substance under U.S. law, which generally prohibits gun possession by someone who has been convicted of a felony, been committed to a mental institution or illegally uses controlled substances, among other things.

Authorities found marijuana at homes where Taylor was staying during searches that followed the shooting at Richneck Elementary School.

Meanwhile, Taylor still faces sentencing for a state charge of felony child neglect, which was filed after the shooting. That sentencing is scheduled for Oct. 27. In that case, prosecutors agreed to ask for a sentence that falls within state guidelines, expected to be no more than six months. Prosecutors also agreed to drop a misdemeanor charge of reckless storage of a firearm.

Zwerner, the teacher who was shot, is suing the school system for $40 million. She accuses school administrators of gross negligence and of ignoring multiple warnings the day of the shooting that the boy had a gun at school.

 

 

 

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https://www.usatoday.com/story/news/nation/2023/11/15/deja-taylor-sentencing-abigail-zwerner-shooting/71590982007/

 

 

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Mother of boy who shot teacher gets 21 months in prison for using marijuana while owning gun

 

Christopher Cann

 

November 15

 

The mother of the 6-year-old boy who shot his first-grade teacher in Virginia earlier this year was sentenced Wednesday to 21 months in prison for using marijuana while owning a firearm.

Deja Taylor’s son, who has not been identified, shot first-grade teacher Abigail Zwerner on Jan. 6 at Richneck Elementary in Newport News, Virginia, a city of about 185,000 residents known for its ties to shipbuilding for the U.S. Navy.

Authorities have said the boy used his mother's gun and shot Zwerner while she was reading to students in her classroom. Zwerner was shot in the hand and chest and has filed a $40 million lawsuit against the school district alleging gross negligence.

Taylor's son told police after the shooting that he stood on a dresser to take his mother's gun out of her purse, court records said. "My mom had that gun," the boy told officers. "I stole it because I needed to shoot my teacher."

In June, Taylor, 26, plead guilty in federal court to two charges: using marijuana while owning a gun and lying about her drug use on a federal form. Taylor also pleaded guilty in August to child abuse in a state-level case for which is scheduled to be sentenced in December.

Taylor's grandfather currently has custody of her son, prosecutors said.

Prosecutors say case is about more than marijuana use

Federal prosecutors said they planned to seek a 21-month prison sentence and a term of supervised release. They argue in court filings that "not once, but twice someone nearly lost their lives because of Taylor's offenses," citing the shooting of Zwerner and an earlier incident in which Taylor shot at her son’s father after seeing him with his girlfriend in December.

Prosecutors claim Taylor's "chronic, persistent and ... life-affecting abuse extends this case far beyond any occasional and/or recreational use.”

After the shooting in January, investigators discovered 24 grams of marijuana in Taylor's bedroom along with burnt marijuana cigarettes and drug paraphernalia, records said. Prosecutors claim Taylor also smoked two blunts sometime after Zwerner's shooting, and that she failed drug tests while awaiting sentencing on federal charges.

"This case is not a marijuana case," federal prosecutors argued in court records. "It is a case that underscores the inherently dangerous nature and circumstances that arise from the caustic cocktail of mixing consistent and prolonged controlled substance use with a lethal firearm."

Taylor's attorneys: 'Addiction is a disease and incarceration is not the cure'

Attorney's for Taylor say they will request a sentence of three years probation with special conditions, including home confinement and appropriate counseling to treat her marijuana addiction, writing "Addiction is a disease and incarceration is not the cure."

Taylor's attorneys added if the judge decides to impose imprisonment, that she be sentenced to no more than six months.

"Ms. Taylor vulnerably stands before this Court humiliated, contrite, and saddened," the attorneys wrote. "Most important, she is utterly remorseful for the mistakes in her life that led to the horrific shooting of her son’s teacher, who experienced a miracle by surviving."

Earlier this week, two of Taylor's family members submitted letters asking the judge to show compassion when deciding Taylor's sentence.

"With proper guidance and continued family support, I know my daughter can overcome this tough time and go on to do great things," her mother wrote.

Contributing: Jeanine Santucci, Minnah Arshad, USA TODAY; The Associated Press

 

 

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https://www.nbcnews.com/news/us-news/mother-6-year-old-boy-shot-virginia-teacher-sentenced-2-years-rcna129931?cid=sm_npd_nn_tw_ma&taid=657cae0463db1300015d94ea&utm_campaign=trueanthem&utm_medium=social&utm_source=twitter

 

 

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Mother of 6-year-old boy who shot Virginia teacher sentenced to 2 years

A Virginia mother held liable for her 6-year-old son's shooting of his elementary school teacher this year was handed a two-year sentence Friday on a state charge of felony child neglect.

Deja Taylor, 26, could have faced as many as five years in prison, but was given a shorter sentence, The Associated Press reported. A plea deal with prosecutors led them to drop a misdemeanor charge of reckless storage of a firearm; they had suggested as little as six months in prison, but the judge did not have to follow that.

 

Taylor has remained behind bars after she pleaded guilty in June to a charge of using marijuana while owning a gun, which is illegal under federal law, and was sentenced last month to 21 months in prison.

Friday's hearing winds down one aspect of the case, which stunned the city of Newport News, drew national attention to school safety and gun violence, and prompted the ouster of the schools superintendent and an assistant principal.

Authorities say first-grade teacher Abigail Zwerner was intentionally shot on Jan. 6 by one of her students at Richneck Elementary School, where she escorted her panicked class to safety. A bullet ripped through Zwerner's left hand, rupturing bones before it lodged in her upper chest, leaving behind fragments. Three months after the classroom shooting, she filed a $40 million lawsuit against the school district claiming administators failed to listen to multiple warnings from staff and students that the child had a handgun.

On the morning of the shooting, Taylor believed the gun was in her purse with the trigger lock installed and left on top of her bedroom dresser, according to a probable cause statement. She added that the key for the lock is kept under her bedroom mattress.

Marijuana was found during a court-ordered search of the home in the wake of the shooting, federal prosecutors said.

"A search of Taylor's phone revealed numerous text messages illustrating the pervasive scope of Taylor's marijuana use," according to prosecutors, who also searched Taylor's mother's home. Meanwhile, "a lockbox was not found in either of the residences, nor was a trigger lock or key to a trigger lock ever found."

As part of a care plan at the school, the boy's parents were supposed to be with him daily, but were absent on the day of the shooting, officials said.

The child's family has said that he has an "acute disability" and that he had received the "treatment he needs" under a court-ordered temporary detention at a medical facility.

In a sentencing memo on the federal drug charge, prosecutors offered new details in the family's home life, including that the boy had twice stolen car keys from Taylor's purse, even crashing it on one occassion. In addition, Taylor apparently fired her gun about a month before the shooting at Richneck in an agurment over whether her son's father was cheating with another woman, according to text messages obtained by prosecutors.

James Ellenson, a lawyer for the family, has said the boy has been under the care of a great-grandfather, Calvin Taylor.

In a letter in support of Deja Taylor ahead of her sentencing in federal court, Calvin Taylor wrote that she is undergoing therapy and substance abuse counseling and continues to "feel horribly" with "great remorse."

"Deja is and was a victim of abuse and domestic violence," Calvin Taylor wrote. "No matter what the results of these circumstances are, Deja has shown resilience and the willpower to build a future for not only herself, but her son as well."

The Newport News Commonwealth's Attorney's Office said in March that her son, now 7, would not face charges given that a child that young wouldn't have the competency to understand the legal system or adequately assist an attorney.

But aside from charges against Taylor, Newport News Commonwealth's Attorney Howard Gwynn impaneled a special grand jury to determine if additional people could be held criminally responsible for the shooting. His office did not immediately respond to a request for comment on the investigation's status.

Zwerner, 26, was expected to attend Friday's sentencing, her attorney's law firm said.

She has said she suffers from anxiety and depression as a result of the shooting, and no longer wants to teach.

"The kindness of people close to me, and from those in far places I've never met, is proof that there is good in the world, and I will cling to that idea," Zwerner said at Taylor's sentencing last month in federal court. "Still, sadly, my life will never be close to the same again."

 

 

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