A legal expert weighed in after prosecutors in Virginia said that a criminal investigation into staff members at Richneck Elementary School, where a 6-year-old shot his teacher, would continue into the child’s missing disciplinary files.

Former federal prosecutor Neama Rahmani, president of West Coast Trial Lawyers, told Fox News Digital that LaQuiche Parrott, the director of Elementary Leadership, could be charged with both criminal prosecution and civil liability.

“Taking or destroying records related to a criminal investigation is a crime,” he said. “Parrott can be charged with obstruction of justice. This is in addition to the substantive child neglect charges that Parker is facing.”

The charging document alleged that Parker, who was responsible for Richneck students, “feloniously did commit a willful act or omission in the care of such students, in a manner so gross, wanton and culpable as to show reckless disregard for human life.” 

Parker, 39, was charged with eight felony counts which are each punishable by up to five years in prison.

A Newport News police officer directs traffic at Richneck Elementary School in Newport News, Va.  (AP Photo/John C. Clark/File)

The grand jury report revealed that the 6-year-old old student exhibited signs of violence prior to the shooting and should not have been enrolled in school.

The child “exhibited many behavioral problems” prior to the Jan. 6, 2023, incident where he shot his Zwerner with a 9 mm semi-automatic pistol. 

Disruptive behavior

The child was also reportedly disruptive during his kindergarten year to both fellow students and teacher Susan White, who was named in the grand jury report.

“Over the course of the kindergarten year the child exhibited many behavioral problems,” the special grand jury report stated. “He was disruptive in class and to his teacher, Susan White. The child would get in other kids’ faces and when removed from class by a counselor would occasionally hit or punch the counselor.” 

Abby Zwerner, a teacher who was shot at Richneck Elementary School in Newport News, Va., by her 6-year-old student last year, talks to a reporter Wednesday in Virginia Beach, Va.  (Stephen M. Katz /The Virginian-Pilot via AP)

In another instance, the student choked another teacher of his in 2021.

“On September 27, 2021, Ms. White was concluding breakfast with the students when the child went to dump his breakfast in the hallway trash can and never returned. Ms. White went to search for him and found him with the security guard. When Ms. White tried to take his hand and bring him back to class the child hit Ms. White and yelled, “No! I don’t want to go back to class.” The child then aggressively twisted and pulled down on the security guard’s wrist. Due to his behavior, the security guard took the child to [assistant principal- Dr. Parker, while Ms. White returned to class,” the report said.

‘Choked by child’

“At some point, Ms. White was sitting in a kid’s chair teaching the class. The child went up behind Ms. White placed his forearms in front of her neck and pulled down so hard she couldn’t breathe, choking her. The teacher’s assistant saw Ms. White being choked by the child and rescued her by pulling the child’s arms off and removing him from the class.”

Messages of support for teacher Abby Zwerner, who was shot by a 6-year-old student, grace the front door of Richneck Elementary School in Newport News, Va. (Family of Abigail Zwerner via AP, File/ AP Photo/John C. Clark/File)

Despite the child’s behavior, the student was returned to class and allowed to stay after school administration said there was “no administrator available to deal with the situation.”

And despite instances of physical aggression and profanity, the child was not given an Individualized Education Program (IEP) or considered for an alternative school placement, the report said.