In criminal trials, judges have the authority to dismiss charges before they reach the jury if the evidence presented does not meet the legal threshold for the charged offense. In this case, Judge Rebecca Robinson dismissed eight counts of felony child abuse against former assistant principal Ebony Parker because her actions (or inactions) did not qualify as criminal conduct under the law, demonstrating that not all serious incidents constitute criminal offenses and that legal standards for criminal liability require specific elements to be proven.
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Ebony Parker’s Richneck Elementary shooting trial dismissed by judgeAjouté :
We have breaking news this midday. It is case dismissed in the high profile criminal trial focused on former Richneck Elementary Assistant Principal Ebony Parker. She faced eight counts of child abuse in connection with the shooting in 2023. That's when a first grade student pulled out a gun and shot teacher Abby Zwerner. 10 On Your Side's investigative reporter Chris Horton has been covering this trial since the start. He joins us now live outside the courtroom with more on why the judge dismissed this case. Chris.
Yeah, Asia, we had two things that were major happen today. One rarely happens.
The other one we're pretty sure has never happened before. Commonwealth had 3 days to put on their case, two solid days of testimony. This case didn't even make it to the jury.
Judge Rebecca Robinson in the Circuit Court listened to the motion to strike from the defense. It's a step that happens in virtually every case. It's rarely granted. Today was the exception.
Robinson ruled that what Ebony Parker did back in January '23 or failed to do did not qualify as felony child abuse and neglect. As soon as the judge said from the bench, this is even before ruling, the words, "This is not a crime." Parker knew she was in the clear. She broke down, began sobbing face down at the defense table. She was comforted by her defense attorneys, Steven Teague and Curtis Rogers.
Judge Robinson said that she had no precedent into work with. Is this a landmark case and a landmark ruling? I believe it will be.
>> We're very thankful that the judge made the right decision.
Teacher Abby Zwerner testified earlier this week. However, she was not present at this morning's dismissal of the case.
We did, however, get a joint statement from her attorneys from her earlier civil case. It reads in part, "This was always the Commonwealth's criminal case, not Abby's civil case.
Abby complied with the subpoena requiring her testimony once again, despite the emotional toll of repeatedly reliving this tragedy. From the beginning, our focus has remained on obtaining justice in civil court for the preventable failures that led to Abby being shot. A Newport News jury has already spoken. That was back in November, returning a $10 million verdict in Abby's favor. We'll have much more this afternoon, beginning at 4:00.
Again, the eight counts of felony child abuse with reckless disregard for life against former assistant principal at Richneck, Ebony Parker, dismissed, never even made it to the jury.
We're live outside the courthouse in Newport News, Chris Horn, 10 On Your Side.
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