Judge Throws Out Charges in 1st-Grade Shooter Fallout Case

Added: 2026-05-22

[00:00:00]I will be honest. We could have done that yesterday. I expected more substantial uh motion with case law um and additional principles of law that the court probably need to readress and consider. Um but we are where we are. um having considered this case for four days and listened to the motions of council um and a division of labor in a criminal jury trial. So in that division of labor in those legal proceedings questions of facts go to the jury, questions of law go to the judge. A question of fact asks what happened and it requires evaluating evidence such as the witness testimony and or physical proof. Questions of law ask how does the law apply to those facts and requires interpretation of statutes, precedents and constitutional rules. Um and that's kind of legal leaves but fragment down the judge decides the question of law which is what law applies procedure um and runs the court uh in this case a criminal jury. The jury would decide the facts which is what happened um to give an analogy because this case um doesn't put itself well to analogy.

[00:01:29]Somebody is given a ticket to speeding 70 and a 65, but they're stopped in the parking lot. The juror decides to question the fact, was that driver actually going 70? The judge will decide, does the speeding law apply in the parking lot? Um, so that's the way to wrap your mind around the difference between question of law and fact, which can get quite commonly.

[00:01:55]Um, so um with question of fact being resolved by the tri of fact which in this case is the jury and their job would be to weigh the strength of the evidence and the credibility of the witness. Uh and judges resolve the questions of law and what would be put to the jury in this case was whether or not Evony Parker is guilty and that would be the question of fact.

[00:02:22]I do all this to say this because um the distinction between law and fact can become convoluted and they can be mixed.

[00:02:30]It can be a mixed question of law and fact. Um the Supreme Court itself has acknowledged that it can be um an imperfect science of where is that dividing line. Um but identifying that line is important, critically important.

[00:02:49]Uh whether or not it's a question of law or fact. Question of fact goes to the jury. They make the decision. question of law is stays with the judge. Um and I guess for purposes of the party's understanding um that influences um the courtroom decision maker the appellent review um how evidentiary rules are administered um and the application of precedent um which I will say there is no precedent for what's before the court um of an administrator uh being criminally charged and tried for what has been presented and what happened that day January 6, 2023 at Richneck Elementary School in Newport News. Um so uh this court is finding that it is presented with a question of law um which requires resolution by the decision maker. the decision maker on questions of law or the judge. Uh and whose decision uh is that the and my decision is that this is a matter um for the court. Uh and the court uh is of the legal opinion that this is not a crime, not under the common law of Virginia, nor under the code of Virginia. And the court is going to explain its rationale ruling. Um, with that being said, if it's not a crime under the common law nor under the code of Virginia, should the legislature wish to make it the crime, then they will create specific statutory language to do so. When reviewing the statuto language, the court is bound by the claim meaning of that language and must give effect to the legislaturator's intention as expressed by the language used. And unless a liberal unless literal interpretation of the language will result in manifest at 32. So now I look at the statute Virginia code 18.2 371.1.

[00:05:03]What the indictment charges here is under paragraph B of that statute.

[00:05:10]It reads, "Any parent, guardian, or other person responsible for the care of a child under the age of 18 whose willful act or omission in the care of such child was so gross, wanting, and culpable as to show reckless disregard for human life is guilty of a class six felony."

[00:05:36]The indictments in this case don't address specific individuals um but they list students.

[00:05:44]Uh the court finds that um what has been presented to it is a mashup of legal theory. Um and it is not clear based upon the plain meaning of the statute that these facts are crimes. Uh in the court's analysis, uh the court is asking uh is the crime that Ebony Parker didn't follow New policy and procedure um of which was put into evidence which would have required two people to search the person of JT either two administrators or one administrator and one security officer of which the security officer was on site at a different school performing their duties and the principal, the other administrator uh present um that's known to known in this proceeding uh was in scheduled meetings during testing.

[00:06:39]Is the crime that Dr. Parker didn't direct a search of the child's person after being informed that the book was clear?

[00:06:47]Are the eight counts of the indictment based upon the number of children in the room when the firearm went off?

[00:06:54]Are the eight counts of the indictment based upon unfired bullets remaining in the firearm which would be contrary to established case law as they have to be discharged?

[00:07:06]Is the delayed unification reunification the request to support for human life?

[00:07:12]Is it the emotional trauma of the exposed child who was in the classroom?

[00:07:17]Uh I believe the initials were KS. Is that the reckless discard human life?

[00:07:24]Um, is it the fearfulness, bedwedding, and hyper vigilance of all the children in school that day that comprises the reckless disregard for human life? Is it because JT wasn't expelled prior to January 6, 2023 due to his previous behaviors? Um, which presumably would be in the province of the prior principles, Dr. Goodman and then Miss Foster. Or is the crime the lack of heightened response from Ebony Parker due to her awareness of prior issues with JT?

[00:08:01]The court is unclear. And as previously stated, those legal theories do not fit the plain meaning of the statute. If they are amount if they are up to amount to a crime, then the legislature will need to codify it.

[00:08:16]Um therefore I do grant defense motion to strike in hold on all counts all eight counts of felony child abuse and endangerment under indictment CR indictment number 2499 541- 01308.

[00:08:38]So those matters are dismissed. Um I want to add uh my ruling today is based upon legal principles only. Uh it is inappropriate for me to give my personal thoughts or express sympathy or concern.

[00:08:52]Um but it's understanding what happened that day was awful that that is agreed upon by all. Um, the criminal matter performing does not call for me to discuss the Newport News school system or make political observations and I will not comment on optics or engage in speculation. Um, for the media who has contacted this court constantly over the past two weeks, uh, there will be no further comment from this court except to commend the attorneys on both sides, Mr. Jenkins, Mr. Rogers, and Mr. for zealously advocating their respective positions and treating this form with the utmost accord.

[00:09:33]Uh it is 9:46 and I did not have the jurors reporting until the 10th. Um so I'll ask the parties how they wish for me to uh discharge the jurors if they want me to just tell them when they report to the room or have them brought out and do it on the record. Um but in discharging them, I will remind them um that no one from this court will contact them and direct them um about this case. And I will ask the attorneys to please inform all of the witnesses that were to remain constructively sequestered um that they are released. Um, so from the attorneys, how would you like me to inform the jurors who are still coming in the building uh that we um they're discharged from the duties for this case? Your honor, I feel like we should discharge them on the record, but I would have no objection at all if if um the defendant or other parties wanted to leave and just do that with counsel.

[00:10:33]That would be fine.

[00:10:34]>> Okay. Um defense position, >> you know, I'm actually okay with with the position.

[00:10:40]>> Okay. So, and I will um step off the bench. So, we'll be in recess um and then we'll discharge the jurors on the record once they all report. Uh and parties uh please um be quiet and however you feel about the court's ruling. You can express that outside of the courtroom. This is still a um professional legal form. All right.

[00:11:02]Um thank you very much. Sheriff, come get me when they're all reported. Thank you.

[00:11:06]>> Please rise.

[00:11:10]Thank you.

[00:11:15]>> Court stands in recess.