A judge on Thursday dropped criminal charges against the former assistant principal of a Virginia elementary school accused of ignoring warnings that a child had brought a gun to class before he allegedly shot his first-grade teacher.

Judge Rebecca Robinson dropped all eight counts of felony child neglect against Ebony Parker, according to NBC News. Parker, the former assistant principal of Richneck Elementary School, faced eight counts, as the gun the child used during the January 2023 shooting contained eight bullets, prosecutors said. The child allegedly shot his first-grade teacher, Abby Zwerner.

Parker broke down in tears when Robinson announced she was dropping the criminal charges, according to NBC News.

“The court 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 and ruling,” Robinson told the court before stating that the case was “dismissed,” according to the outlet. “I want to add my ruling today is based upon legal principles only,” she continued. (RELATED: Unidentified Substance Causes Hazmat Invasion In Small Town)

Parker appeared in court Monday to face a criminal trial. According to the charges, Parker “did commit a willful act or omission in the care of such students, in a manner so gross, wanton and culpable as to show a reckless disregard for human life,” court documents stated, WRAL reported.

Zwerner sued Parker for $40 million and testified during a civil trial back in October 2025, according to the Associated Press (AP). During her testimony, Zwerner alleged she heard the child had brought a gun to school from a reading specialist ahead of recess. The shooting occurred a few hours later. Other people had also voiced their concerns to Parker about the child having a gun ahead of the incident, the AP reported.

During Parker’s trial, prosecutors also accused her of ignoring warnings about the child having a gun, according to NBC News. Parker’s lawyer, Curtis Rogers, responded to the claims by saying it was the teachers’ responsibility to act if they were concerned and they could have separated the child from the other students.

Zwerner was shot in the hand and upper chest during the incident, the AP reported in January 2023. The 9mm handgun used in the shooting was legally purchased by the boy’s mother.

Zwerner had six surgeries following the shooting, and a bullet remains in her chest, according to the AP. She was awarded $10 million in damages during her civil trial, according to NBC News. Zwerner testified during Parker’s criminal trial and alleged the child had acted out prior to the shooting. She also claimed he was in a “violent mood” the day of the incident.

Each of the eight felony counts carried a maximum penalty of up to five years in prison, WRAL reported.

The child’s mother was sentenced to almost four years in prison on felony child neglect and federal weapons charges, according to the AP.