NEWPORT NEWS, Va. (WAVY) — Nearly three years after Abby Zwerner was shot by a 6-year-old student, her civil lawsuit against Newport News Public Schools is moving closer to trial, with former assistant principal Ebony Parker now the only remaining defendant.

Parker was the assistant principal when the classroom shooting at Richneck Elementary School happened on Jan. 6, 2023. The suit alleges that Parker, who was charged with eight counts of felony child abuse in March 2024, should face consequences as a result of her “grossly negligent dereliction of duty that resulted in Abby’s life being forever altered.”

Thursday’s hearing focused on pretrial motions, determining what evidence the jury will be allowed to hear when the trial begins Oct. 27. More than 15 motions were filed — with the judge noting that some decisions will be made in real time once the trial begins.

“It’s kind of a case-by-case determination,” said Zwerner’s attorney Kevin Biniazan. This means the court could see numerous objections during testimony.

One key motion involved a text exchange between Zwerner and her boyfriend. Zwerner’s attorneys asked the judge to block it, saying crude language used by her boyfriend to describe Parker was irrelevant. Parker’s attorney argued the text revealed Zwerner’s negative view of Parker, but the judge ruled it would not be used at trial.

Another major discussion centered on whether child psychologists could testify. Zwerner’s team argued the child’s mental health is not the focus, while Parker’s attorneys said it provides essential context. The judge allowed the experts to testify.

Throughout the hearing, the standard of care — whether Parker acted reasonably on the day of the shooting — came up repeatedly, setting the stage for a central question the jury will ultimately decide.

In July, former superintendent Dr. George Parker and Richneck Elementary School principal Brianna Foster Newton were dismissed from the case, with Newport News Circuit Court Judge Matthew Hoffman stating that allegations of simple negligence are protected by sovereign immunity.

More recently, in August, a judge ruled that the civil trial can move forward as scheduled, after defense attorneys argued that the criminal trial should come before the civil trial against Parker.

During the criminal trial, set for Nov. 17, Parker faces eight counts of felony child abuse, with one charge for each bullet found in the gun Zwerner’s 6-year-old student used against her.