Previously, officials said the 6-year-old boy will not face charges because he doesn’t know the "criminal justice system enough to be competent to stand trial."
The boy shot 25-year-old Abigail Zwerner in her first grade classroom at Richneck Elementary School on Jan. 6 following an altercation. She suffered a gunshot wound to the hand and chest but was able to safely escort her students out of the classroom. She was hospitalized and her condition eventually stabilized.
In a statement, the boy’s family reportedly said the gun he took to school was "secured."
The child allegedly suffers from "an acute disability and was under a care plan at the school" where his mother or father attends class with him every day.
The day of the shooting, school officials were reportedly notified that the boy likely had a gun with him, and the Commonwealth’s Attorney’s Office is investigating school security issues regarding the incident.
According to WTVR-TV, Zwerner’s attorneys have filed a lawsuit for $40 million in damages because they believe school officials ignored multiple warnings about the boy even though he "had a history of random violence." The boy allegedly "strangled and choked" his kindergarten teacher the year prior.
Zwerner’s attorney, Diane Toscano, said, "There were failures in accountability at multiple levels that led to Abby being shot and almost killed. Today’s announcement addresses but one of those failures."
Toscano continued, "It has been three months of investigation and still so many unanswered questions remain. Our lawsuit makes clear that we believe the school division violated state law, and we are pursuing this in civil court. We will not allow school leaders to escape accountability for their role in this tragedy."
The school district’s superintendent has since been fired, WTVR reports.
In a statement, Commonwealth’s Attorney Howard Gwynn said, "Every criminal case is unique in its facts, and these facts support these charges, but our investigation into the shooting continues."
Gwynn added, "The safety and security of Newport News students is of utmost importance. The Special Grand Jury will investigate to determine whether additional charges against additional persons are justified by the facts and the law."