NEWPORT NEWS, Va. (WAVY) — A judge ruled Friday that the civil trial in the case against former Richneck Elementary School assistant principal Ebony Parker can move forward as scheduled.
Former Richneck first-grade teacher Abby Zwerner’s, who was shot by a six-year-old student Jan. 6, 2023, is suing for $40 million.
Defense attorneys argued the criminal trial should come before the civil trial against Parker.
However, the judge disagreed, and now the civil trial is set for Oct. 27.
The judge Friday heard several motions from the defense to continue the civil trial, with the defense saying having the criminal trial before the civil trial would create problems with Parker’s right to use the 5th Amendment.
The judge disagreed, and the civil trial will go ahead as scheduled.
The defense said Zwerner was a reluctant witness in the deposition and she wasn’t answering some questions. The judge said he will give them another day to depose her.
In July, Newport News Circuit Court Judge Matthew Hoffman dismissed former superintendent Dr. George Parker and Richneck principal Brianna Foster Newton from the civil case, saying allegations of simple negligence are protected by sovereign immunity.
And while that ruling stated Parker “enjoys sovereign immunity for claims of simple negligence, she is accused of gross negligence, and the judge said that is not covered by sovereign immunity.”
The Newport News School Board had been dismissed from the civil case in June.
Parker, in the criminal trial, faces eight counts of felony child abuse — one charge for every bullet that was in the gun. A three-day jury trial in Newport News Circuit Court is scheduled for Nov. 17.
A three-day jury trial in Newport News Circuit Court is scheduled for Nov. 17.
