6-year-old who shot teacher won't face criminal charges, prosecutor says

[BumRushDaShow]

Source: NBC News

The city prosecutor in Newport News, Virginia, said Wednesday that he would not seek charges against the 6-year-old boy who shot his elementary school teacher in January but has yet to decide whether any adults associated with the case could be held criminally liable.

In an interview with NBC News, Newport News Commonwealth's Attorney Howard Gwynn said the "prospect that a 6-year-old can stand trial is problematic" given that a child that young wouldn't have the competency to understand the legal system and what a charge means or adequately assist an attorney. It's not unheard of for an adolescent of that age to be arrested in general, and theoretically, a 6-year-old child could be criminally charged under Virginia law.

But Gwynn said that he does not believe there is a legal basis to charge a child and that his office, after receiving the case in February from Newport News police, is focusing on others.

"Our objective is not just to do something as quickly as possible," Gwynn said. "Once we analyze all the facts, we will charge any person or persons that we believe we can prove beyond a reasonable doubt committed a crime."

Read more: https://www.nbcnews.com/news/us-news/6-year-old-shot-teacher-newport-news-wont-face-criminal-charges-prosec-rcna70794

[Ziggysmom]

1. If what the parents say is true, then how did this happen?

SNIP

"In the wake of the shooting, the family of the 6-year-old boy said in a statement that the weapon was "secured" in the home and that they have "always been committed to responsible gun ownership and keeping firearms out of the reach of children."

[RandySF]

5. I don't believe them.

The kid sure didn’t buy a gun.

[Miguelito Loveless]

7. This is America

Don't be too sure he didn't buy it.

[ShazzieB]

6. The parents were either lying or in a deep state of denial when they claimed that gun was "secured."

They can say all the pretty words they want about being "committed to responsible gun ownership and keeping firearms out of the reach of children." They can even believe what they're saying is true. That doesn't change the reality that THEIR KID got hold of a loaded gun (or loaded it himself), took it to school, and SHOT someone.

Whatever their intentions may have been, they were obviously not being as diligent about "keeping firearms out of the reach of children" as they needed to be.

IMO, continuing to keep firearms in their home, under the same roof as a kid who has SHOWN what he's capable of doing if he gets hold of one, would be extremely reckless and irresponsible. If they still insist on owning guns, they should be required to store them under lock and key at a location that kid has NO access to.do.

[Justice matters.]

9. That "intentions" word in this creepy justice system on two tracks...

Apparently, the prosecutors must prove INTENT of providing the gun to their child to commit a crime with it.

But of course it's nothing and everything based on a case by case judgement in this system. If they're not super rich and connected... beware of the different status in society!

[patphil]

2. Traditionally, a child reaches the Age of Reason at about 7 years of age.

There's no way you can put a 6 year old on trial.

https://www.motherforlife.com/child/6-to-8-years-old/psychology/self-esteem-and-knowing-yourself/6821-the-age-of-reason-understanding-this-major-turning-point-in-your-child-s-life.thtml

[getagrip_already]

3. I get the he isn't old enough part.... but....

Something has to be done to keep this kid away from any situation where he can be a danger to people.

He may not be responsible, but he is very, very dangerous given a lack of empathy or reason.

Sending him home and back to school is not an answer.

[Warpy]

11. My guess is that he's going to be in court ordered therapy

for some time to come. The threats he made to people around him are not normal. Let's hope early intervention can help this kid.

6 year old kids have to be taught empathy, they think it's like the cartoons when if you shoot someone, he's back in the next scene.

These parents need to be encouraged to get rid of their guns and if they're too wedded to guns to do that, to store them outside their residence. If this gun was secured (which I do doubt), the kid was good at picking locks.

[onecaliberal]

4. Pretending he did nothing wrong isn't okay.

[Evolve Dammit]

8. Are the fucking parents being charged?? JHC.

[pazzyanne]

17. + 1 nt

[slightlv]

10. I get the kid isn't old enough for the penal system yet

and I wouldn't feel good about subjecting him to it. It would probably be worse for him. However, he should be locked away in a psychiatrics facility under intensive care such that he might stand a chance of coming out at the age of majority a functioning, caring individual.

In the case of a sociopath (or psychopath) I'm not sure there is such a cure, IMO. If there is something missing in the brain that allows them to be such an individual, that individual may have to be kept from society as a safety precaution for himself and the good of society as a whole. I don't like the idea, but it may be necessary for the good of the whole. We have never wrestled with these questions to the end result. With the rise of MAGA, it is time, IMO. I believe we are seeing the rise of the psychopaths. Until we come up with a treatment plan, something that is more than a simple plan to arrest them from the cult, something that gets at them from the brain issues, (see Ginni Thomas) then they'll just be at a vulnerable state for the next dominant figure to take advantage of them.

I've got fibro brain. Forgive if this doesn't make sense. It makes sense in my rattling brain. I just now got out of bed. I studied this for ages decades ago. It was one of my disciplines in psychology. But it seemed like no one wanted to take the necessary steps to protect society. I ended up going into computers for my career.

[no_hypocrisy]

12. Potentially nobody will be held accountable and/or punished for a

six year old shooting and seriously injuring his teacher.

If the teacher was allowed to carry a firearm and shot the six year old, wanna bet she'd be held accountable?

[markodochartaigh]

13. In my opinion, if the child was able to get the gun,

ipso facto it was not properly secured.

It looks like Florida has vicarious liability laws for vehicle accidents, vandalism, theft, etc. but maybe only economic damages would be covered. I could never be an attorney. I would be too discouraged from constantly having to tell injured people that, yes, they were in the right, but the law can't really help them

[FoggyLake]

14. So this is how it begins...

The lack of consequences for his behavior probably fortends this kid's descent into becoming a serial killer or a Republican.

[Shoonra]

15. The only remedy ....

The only remedy for a bad 6-year-old with a gun is a good 6-year-old with a gun!

[Old Crank]

16. Every parent whose child gets a hold of a gun

needs to be jailed. Most of these peopel leave their weapons laying around like party favors. Yes kids are inquisitive. But putting a gun in a nightstand drawer is not security. Must have a locked gun cabinet and separate storage, locked, for the ammo.
There is no excuse for not having proper storage.

[moonshinegnomie]

20. THIS

if your 6 year old shots shomeone with a gun becasue he got a hold of your gun then you should face the charges your kid is to young to face.

[ZonkerHarris]

18. A Good Kid with a Gun.

[diane in sf]

19. From what I've read, this child needs to be in a locked mental hospital. He seems extremely

disturbed and dangerous.