The gun used by the shooter, the 6-year-old pupil who, injured a Virginia elementary school teacher was a gun legally purchased by his mother.
Newport News Police Chief Steve Drew said Monday that the student took the gun from his home and placed it in his knapsack before bringing it to Richneck Elementary School in Newport News, Virginia. Drew said the 9mm handgun was purchased by his mom in York County.
Shooter fired one round
In a previous report, Drew said the shooter did not accidentally shoot the teacher and reiterated that it was deliberately done. “It was intentional,” Drew said.
“What we know today is that she was providing instruction. He displayed a firearm, he pointed it and he fired one round,” Drew said. Before the gun was fired, there was no physical struggle over the gun, and no students were injured, he added.
Drew said a school employee rushed into the classroom and physically restrained the shooter after hearing the gunshot. He said the boy became “a little combative” and struck the employee.
After police arrived, the boy was taken to a hospital for a mental health evaluation and is currently undergoing court-ordered mental health treatment at an undisclosed facility. Authorities say it will be up to a judge to determine what the next steps are for the boy.
Under Virginia law
Gun owners can be indicted under a Virginia law that bans anyone from irresponsibly leaving a loaded, unsecured gun in a manner that threatens the life or limb of children under 14. A violation of that law is a misdemeanor, punishable by a maximum jail sentence of one year and a maximum fine of $2,500.
To be tried as an adult in Virginia, a juvenile must be at least 14. A 6-year-old is too young to be committed to the custody of the Department of Juvenile Justice if found guilty.
A common law doctrine known as the “infancy defense” holds that children under 7 cannot be indicted for a crime because they are so young that they are incapable of forming criminal intent.
So will the shooter walk free?