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Legal expert weighs in on criminal probe of Virginia first-grader shooting: 'Enough for criminal charges'

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Legal expert weighs in on criminal probe of Virginia first-grader shooting: 'Enough for criminal charges'

A legal expert weighed in after prosecutors in Virginia said that a criminal investigation into staff members at Richneck Elementary School, where a 6-year-old shot his teacher, would continue into the child’s missing disciplinary files.

Former federal prosecutor Neama Rahmani, president of West Coast Trial Lawyers, told Fox News Digital that LaQuiche Parrott, the director of Elementary Leadership, could be charged with both criminal prosecution and civil liability.

“Taking or destroying records related to a criminal investigation is a crime,” he said. “Parrott can be charged with obstruction of justice. This is in addition to the substantive child neglect charges that Parker is facing.”

VIRGINIA SCHOOL IGNORED ‘MANY BEHAVIORAL PROBLEMS,’ VIOLENCE OF 6-YEAR-OLD WHO SHOT TEACHER

Newport News Commonwealth’s Attorney, Howard Gwynn, talks to the media about the special grand jury’s report into the Recheck school shooting on Thursday in Newport News, Va. (Stephen M. Katz/The Virginian-Pilot via AP)

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Rahmani said that this is a particularly interesting case because the case involves teachers who had an “affirmative duty” to protect their students.

‘Unique case’

“This is a unique case because a failure to act is usually not enough for a criminal prosecution, though it can give rise to civil liability,” Rahmani said. “But because the teachers had an affirmative duty to protect their students, and they failed to do so, their inaction is enough for criminal charges.”

“And of course any attempt to cover up a crime or impede a criminal investigation is a separate charge,” he added.

Students return to Richneck Elementary in Newport News, Va.  (Billy Schuerman/The Virginian-Pilot via AP/File)

On Thursday, Newport News Commonwealth’s Attorney Howard Gwynn said at a news conference that prosecutors are working to decipher how the student’s disciplinary records disappeared.

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“We’ll work with the school system to try to ferret out how this happened,” Gwynn said. “And based on the facts of the law, if we believe somebody else needs to be charged, trust me when I tell you, they will be charged.”

VIRGINIA SCHOOL ASSISTANT PRINCIPAL FACES CHARGES AFTER 6-YEAR-OLD SHOT TEACHER

Concerns about disciplinary file

Gwynn’s comments came after a special grand jury report about last year’s shooting at Richneck Elementary School brought up concerns about Parrott’s “suspicious lack of memory” regarding the boy’s disciplinary file.

One file was returned by Parrott, but the file lacked the child’s disciplinary records, the grand jury report said. The other was never found. 

Willow Crawford, left, and her older sister Ava, right, join friend Kaylynn Vestre in expressing their support for Richneck Elementary School first grade teacher Abby Zwerner during a candlelight vigil in her honor at the School Administration Building in Newport News, Va., Jan. 9, 2023. (AP Photo/John C. Clark/File)

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Attorney Diane Toscano said that the grand jury report laid out a “concerning trail of evidence” of the school allegedly “downplaying” the student’s checkered past.

“The report lays out a concerning trail of evidence that apparently shows efforts by the school division to downplay disciplinary records prior to the shooting even taking place, and then hide them afterwards,” Toscano said. “If the citizen panel believes this may have been a cover-up, which is their words, I have no reason to doubt them.”

Toscano said that the residents in Newport News, Virginia, have “not forgotten” the tragedy that impacted their school community.

“The special grand jury impaneled with citizens from the city of Newport News spoke loudly and clearly,” attorney Diane Toscano said. “They said it ain’t over yet. They said we have not forgotten. They said, ‘No, Newport News school leadership, you will not escape accountability for this tragedy.’”

No, Newport News school leadership, you will not escape accountability for this tragedy.

— Attorney Diane Toscano

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Briana Foster Newton, former Richneck Elementary School principal. (Twitter/@BriNewton_EDU)

 Ebony Parker, former Richneck assistant principal, is facing charges of felony child neglect. 

Warnings unheeded

The grand jury report stated that she showed a “shocking” lack of response to multiple warnings that the boy had a gun in the hours before he shot his first grade teacher, Ally Zwerner.

LAWYERS FOR VIRGINIA TEACHER SHOT BY 6-YEAR-OLD FILE $40M SUIT DETAILING HOW SCHOOL ALLEGEDLY IGNORED WARNINGS

The charging document alleged that Parker, who was responsible for Richneck students, “feloniously did commit a willful act or omission in the care of such students, in a manner so gross, wanton and culpable as to show reckless disregard for human life.” 

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Parker, 39, was charged with eight felony counts which are each punishable by up to five years in prison.

A Newport News police officer directs traffic at Richneck Elementary School in Newport News, Va.  (AP Photo/John C. Clark/File)

The grand jury report revealed that the 6-year-old old student exhibited signs of violence prior to the shooting and should not have been enrolled in school.

The child “exhibited many behavioral problems” prior to the Jan. 6, 2023, incident where he shot his Zwerner with a 9 mm semi-automatic pistol. 

Disruptive behavior

The child was also reportedly disruptive during his kindergarten year to both fellow students and teacher Susan White, who was named in the grand jury report.

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“Over the course of the kindergarten year the child exhibited many behavioral problems,” the special grand jury report stated. “He was disruptive in class and to his teacher, Susan White. The child would get in other kids’ faces and when removed from class by a counselor would occasionally hit or punch the counselor.” 

Abby Zwerner, a teacher who was shot at Richneck Elementary School in Newport News, Va., by her 6-year-old student last year, talks to a reporter Wednesday in Virginia Beach, Va.  (Stephen M. Katz /The Virginian-Pilot via AP)

In another instance, the student choked another teacher of his in 2021.

“On September 27, 2021, Ms. White was concluding breakfast with the students when the child went to dump his breakfast in the hallway trash can and never returned. Ms. White went to search for him and found him with the security guard. When Ms. White tried to take his hand and bring him back to class the child hit Ms. White and yelled, “No! I don’t want to go back to class.” The child then aggressively twisted and pulled down on the security guard’s wrist. Due to his behavior, the security guard took the child to [assistant principal- Dr. Parker, while Ms. White returned to class,” the report said.

‘Choked by child’

“At some point, Ms. White was sitting in a kid’s chair teaching the class. The child went up behind Ms. White placed his forearms in front of her neck and pulled down so hard she couldn’t breathe, choking her. The teacher’s assistant saw Ms. White being choked by the child and rescued her by pulling the child’s arms off and removing him from the class.”

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Messages of support for teacher Abby Zwerner, who was shot by a 6-year-old student, grace the front door of Richneck Elementary School in Newport News, Va. (Family of Abigail Zwerner via AP, File/ AP Photo/John C. Clark/File)

Despite the child’s behavior, the student was returned to class and allowed to stay after school administration said there was “no administrator available to deal with the situation.”

And despite instances of physical aggression and profanity, the child was not given an Individualized Education Program (IEP) or considered for an alternative school placement, the report said. 

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Florida mom says teens ‘lured’ 14-year-old daughter into woods before shooting, setting her on fire: report

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Florida mom says teens ‘lured’ 14-year-old daughter into woods before shooting, setting her on fire: report

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The mother of murdered Florida teenager Danika Troy says her 14-year-old daughter was lured into the woods by one of the boys now charged with killing her, a teen she believed had romantic feelings for her.

In an interview with the New York Post, Ashley Troy said 16-year-old Gabriel Williams “pretended to have feelings for her,” leading Danika to trust him enough to follow him into the wooded trail where she was ambushed. 

“That’s how she was lured,” she said.

Williams and 14-year-old Kimahri Blevins have both been charged with first-degree premeditated murder in Danika’s death.

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FAMILIES CLAIM TEEN MURDER SUSPECT WAS ‘PLOTTING’ DEADLY HIT-AND-RUN FOR MONTHS BEFORE KILLING TWO GIRLS

The mom of Danika Troy, a 14-year-old Florida teenager, says she believes her daughter was lured into the woods by Gabriel Williams, who allegedly pretended to have romantic feelings before the girl was murdered. (GoFundMe)

Ashley said she is still desperate for answers. “I still need answers. I’m just left asking why,” she told the outlet. “She just wanted to be in love.”

Danika was reported missing by her mother on Dec. 1. The next day, a passerby discovered her body in a wooded area in Pace, a community in Florida’s Panhandle. Investigators said she had been shot multiple times and set on fire.

Authorities quickly identified the alleged killers, two teens who knew Danika from school, and took them into custody.

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MOTHER SAYS ALLEGED STALKER WHO KILLED HER DAUGHTER SHOULD BE TRIED AS AN ADULT

Authorities said two teenagers are facing murder charges in the death of 14-year-old Danika Troy, who was found shot to death and burned in a wooded area in Florida after being reported missing. (Santa Rosa County Sheriff’s Office)

Detectives initially believed the murder may have stemmed from a social-media dispute over Thanksgiving break. According to the sheriff’s office, the boys claimed they targeted Danika because she had blocked Blevins on social media and called Williams “worthless and a gang banger.”

Ashley rejected that narrative. “What those boys said is an excuse,” she told the Post.

Santa Rosa County Sheriff Bob Johnson confirmed Thursday that Danika’s body had been positively identified and said investigators rapidly zeroed in on Williams and Blevins. Both suspects had prior “run-ins” with law enforcement, he said, though details were not released because of their ages.

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TEEN MURDER SUSPECT ALLEGEDLY SWATTED VICTIM’S HOME WEEKS BEFORE DEADLY HIT-AND-RUN: LAWYER

Santa Rosa County Sheriff Bob Johnson told reporters that the suspects were supposedly friends with the victim from school. He said investigators were still working to determine a motive. (Santa Rosa County Sheriff’s Office)

Johnson described the killing in stark terms. 

“This is where it gets really horrific,” he said, explaining that Williams allegedly stole his mother’s handgun before shooting Danika. “It’s bad enough you kill a 14-year-old. You’re 14. You’re 16. Shoot her multiple times, and then they set her on fire.”

The motive for the killing remains unclear. Johnson said the explanations the teens offered “don’t fit the forensics or any facts of the case,” adding, “so we don’t have a legit motive.”

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REPEAT OFFENDER ALLEGEDLY KILLS 14-YEAR-OLD GIRL, HAS CRIMINAL HISTORY DATING BACK TO 2000: OFFICIALS

Both suspects remain held without bond at the Department of Juvenile Justice on first-degree murder charges. Prosecutors are coordinating with investigators as they determine whether the teens will be charged as adults.

“If you do an adult crime, you gotta do adult time,” Johnson said.

Ashley previously said she believes “evil influence” played a role in her daughter’s killing, but she wants accountability. She said she wants “nothing less than for them to be prosecuted to the full extent of the law.”

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Fox News Digital reached out to the Santa Rosa County Sheriff’s Office for comment, but did not immediately receive a response. 

Fox News Digital’s Stephen Sorace contributed to this report.

Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send story tips to stepheny.price@fox.com.

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Miami in political crosshairs: Democrat hunts historic upset against Trump-backed candidate

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Miami in political crosshairs: Democrat hunts historic upset against Trump-backed candidate

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Voters in Miami, Florida, cast ballots Tuesday in a runoff election for mayor in a race that’s grabbed plenty of national attention in recent weeks as Democrats aim to end a decades-long losing streak in red-leaning Florida.

Democrat Eileen Higgins, a former county commissioner, is facing off against Republican Emilio Gonzalez, a former city manager backed by President Donald Trump.

While the election is technically nonpartisan, the ballot box face-off has become the latest showdown this year between Democrats and Republicans, with both parties pouring in resources.

And Democrats, energized by last month’s decisive 2025 election victories and by last week’s double-digit overperformance in a special election in a red-leaning congressional district in Tennessee, are aiming for victory in Miami for an office they haven’t held in 30 years.

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MIAMI MAYORAL CANDIDATE REVEALS HOW HE WILL FLIP SCRIPT ON DEM RIVAL’S ‘CITY OF RENTERS’ STRATEGY

Democratic County Commissioner Eileen Higgins and Gov. Ron DeSantis-backed Republican candidate Emilio Gonzalez will advance to a runoff Dec. 9 that will determine Miami’s next mayor after no candidate received 50% of votes. (Matias J. Ocner/Miami Herald/Tribune News Service via Getty Images; Rebecca Blackwell; The Associated Press)

The Democratic National Committee (DNC) and allied groups have invested in the race.

DNC Chair Kent Martin told Fox News Digital that following last week’s “historic overperformance in Tennessee and the record Democratic momentum across the country this year,” the DNC is now “laser focused” on Miami’s mayoral runoff.

“The energy is on Democrats’ side and the DNC is all-in support of Eileen Higgins from now until Election Day,” Martin emphasized in a statement to Fox News Digital last week.

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CLICK HERE FOR THE LATEST FOX NEWS REPORTING ON THE 2025 ELECTIONS

Meanwhile, the Republican Party of Florida has been helping Gonzalez.

And Trump, over the weekend, took to social media to try and boost Gonzalez.

“Miami’s Mayor Race is Tuesday. It is a big and important race!!! Vote for Republican Gonzalez,” the president wrote.

City of Miami mayoral candidate Emilio González speaks during a press conference outside his home on Wednesday, July 16, 2025, in Miami. (Matias J. Ocner/Miami Herald/Tribune News Service via Getty Images)

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Florida was once the largest of the general election battleground states, but has shifted dramatically to the right over the past decade.

Florida Gov. Ron DeSantis won re-election by nearly 20 points in 2022, and Trump carried the state by 13 points in last year’s presidential election victory.

But Miami remains a rare blue oasis in the Sunshine State. Trump narrowly lost the city in last year’s presidential election, although the president won the wider Miami-Dade County by 11 points.

Higgins, a mechanical engineer and former Peace Corps director in Belize, focused on the issue of affordability and of making local government work better and faster during her campaign.

Eileen Higgins, a Miami-Dade County commissioner who is running for Miami mayor, speaks to supporters preparing to go canvas on her behalf, Saturday, Nov. 1, 2025, at Miami City Hall in the Coconut Grove neighborhood of Miami. (Rebecca Blackwell/AP Photo)

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González, a veteran and senior adviser at an asset management firm, spotlighted the fight against overdevelopment and called for the elimination of property taxes for primary homes, as he bid for mayor.

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Higgins captured 36% of the vote in the Nov. 4 election, with Gonzalez coming in second at 19%, in the multi-candidate field.

The runoff winner will succeed term-limited Republican Mayor Francis Suarez, who grabbed national attention two years ago as he briefly and unsuccessfully ran for the GOP presidential nomination.

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North Carolina teen sues school after Charlie Kirk tribute sparked ‘criminal investigation’ and censorship

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North Carolina teen sues school after Charlie Kirk tribute sparked ‘criminal investigation’ and censorship

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EXCLUSIVE – A North Carolina high school student said she was accused of vandalism by her school and told she was being investigated by law enforcement after she painted her school’s “spirit rock” with a religious and patriotic tribute to slain conservative activist Charlie Kirk.

According to a new complaint filed Monday and shared first with Fox News Digital, Gabby Stout, a junior at Ardrey Kell High School, called her school’s front office on September 12 to ask if she could paint the school spirit rock with a patriotic message honoring Kirk, who was killed two days prior. Stout was told she could do so as long as the message didn’t contain vulgarity or political speech. 

The complaint states that she and two friends proceeded to paint a heart and an American flag with the message “Freedom 1776,” and a tribute to Charlie Kirk: “Live Like Kirk—John 11:25” on September 13. The students also painted their first names on the rock.

Within hours, school officials painted over the rock, according to the complaint. On September 14, the principal sent out a school-wide message saying that the spirit rock had been painted with a message that was not authorized. The message called it an act of vandalism and a violation of the student code of conduct, saying that law enforcement had been contacted, and an investigation was underway.

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Charlie Kirk is seen in the Fiserv Forum on the third night of the Republican National Convention in Milwaukee, Wis., on Wednesday, July 17, 2024. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

RI SCHOOL WANTS TO CHARGE MOM $117K TO SEE CURRICULUM FROM TEACHER WHO CALLED CHARLIE KIRK ‘PIECE OF GARBAGE’

“I was completely shocked,” Stout told Fox News Digital. “I was very intimidated and scared as I had no idea what I did wrong or that I could be getting in trouble for simply sharing and expressing my views and beliefs.”

Stout sent a message the same day to school officials acknowledging she had painted the rock but had been given permission by the front office.

The next school day, she was repeatedly pulled out of class and sent to the principal’s office, where she was questioned and instructed to write a statement about what she had done and then forced to revise it after she forgot to include the Bible verse in her emotional state. She was also told to give up her cell phone to be searched, all without being advised of her constitutional rights or with legal counsel present.

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“I was so scared I could barely hold my pen and write it [the statement],” she told Fox News Digital.

The following day, the district announced a revised policy for its Spirit Rock Speech Code that bans all political or religious messages and requires messages to reflect “positive school spirit,” “inclusive values,” and be in “good taste.”

Gabby Stout and her friends painted a Charlie Kirk message on the school’s “spirit rock” after his death. (Alliance Defending Freedom)

RHODE ISLAND TEACHER WHO CALLED CHARLIE KIRK ‘PIECE OF GARBAGE’ SET TO RETURN TO CLASSROOM AFTER SUSPENSION

The same day, Stout’s mother was told by the principal that the investigation into her daughter had been closed, and no disciplinary action would be taken.

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On October 11, the school district sent out an internal message to the Ardrey Kell High School community to “clarify” the principal’s September 14 statement. The message stated that the spirit rock incident was “not an act of vandalism,” “was not a violation of the student code of conduct” and “law enforcement was not contacted to conduct an investigation.”

The complaint alleges that the school’s statement did not acknowledge it had compelled Stout to prepare a written statement without advising her of her rights and said its claim it had not contacted law enforcement contradicted its prior statement to local news outlet WFAE

Stout’s parents say the school board has refused to issue a public correction to clear Gabby’s name, despite their repeated requests.

Since the incident, she has faced health problems from stress, alienation and ostracization from friends and fellow students, the complaint says. On social media, the complaint says, Stout was targeted for roughly six weeks with messages from students and others online celebrating the news that she would be investigated and disciplined. Messages celebrated the idea of Stout and her friends going to prison, labeled them as “racist thugs” and left threats like “Die like Kirk.”

An image of slain conservative commentator Charlie Kirk is placed at a memorial in his honor, at Utah Valley University in Orem, Utah. (Jim Urquhart/Reuters)

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The complaint, filed by Alliance Defending Freedom on behalf of the student’s parents, alleges that the school’s actions and policies violated her First, Fourth, Fifth and Fourteenth Amendment rights. It calls for the school to issue a public statement acknowledging these violations, for the school to remove all negative information from Stout’s school records and issue a formal letter of apology.

It also demands the school stop enforcing its vandalism and revised speech code policies regarding the spirit rock, alleging the policies enable viewpoint discrimination.

The school had allowed personal and political messages on the rock before this incident. In 2020, the school allowed students to paint a pro-Black Lives Matter message on the rock. Students painted a “black power” fist symbol along with names of individuals they believed were victims of police brutality, the complaint states. After other students painted over the BLM message, the school board held an emergency meeting and allowed students to repaint the BLM message again, this time with more political messages, including “No Justice. No Peace,” “I can’t breathe” and “End police brutality.”

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Image of “Spirit Rock” painted with Black Lives Matter message in 2020. (Alliance Defending Freedom)

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FLORIDA TEACHER WINS LAWSUIT, GETS TO RESTORE CHARLIE KIRK POSTER SCHOOL DISTRICT BANNED FROM CLASSROOM

In November, school officials also facilitated a student walkout from class to protest Immigration and Customs Enforcement (“ICE”) raids, Alliance Defending Freedom Senior Counsel Travis Barham told Fox News Digital.

“So they’ll facilitate that kind of left-wing student expression and not just facilitate it, but praise the students who participated,” he said. “But let Gabby express a conservative or Christian view on the spirit rock, and criminal charges fly.”

Stout told Fox News Digital she felt targeted for her beliefs.

“I don’t think it was fair what happened to me because of my beliefs or my views, which are religious and conservative,” she said. “This has never happened to another group that the school district or school has agreed with. I thought that I was going to get in trouble for sharing my views and my beliefs.”

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A new complaint by Alliance Defending Freedom alleges a North Carolina high school district violated a student’s constitutional rights in how it handled a conflict over a spirit rock painted in tribute of Charlie Kirk. (plherrera/Getty)

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The complaint is brought by the student’s parents against the Charlotte-Mecklenburg Board of Education. It also asks the court to award nominal and compensatory damages for the constitutional violations, attorneys’ fees and costs and any additional relief the court deems proper.

The Board declined to comment.

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